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62-03 RESOLUTION
RESOLUTION NO. 62-03 A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO MOBLEY CONTRACTORS, INC. IN THE AMOUNT OF ONE MILLION SIX HUNDRED FORTY-FOUR THOUSAND FOUR HUNDRED TWO DOLLARS AND THIRTY-EIGHT CENTS ($1,644,402.38) FOR IMPROVEMENTS TO OLD MISSOURI ROAD FROM ROLLING HILLS DRIVE TO MUD CREEK; APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF ONE HUNDRED SIXTY-FOUR THOUSAND FOUR HUNDRED FORTY DOLLARS ($164,440.00) AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF SEVENTY-NINE THOUSAND DOLLARS ($79,000.00) FOR SAME. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards a construction contract to Mobley Contractors, Inc. in the amount of One Million Six Hundred Forty -Four Thousand Four Hundred Two Dollars and Thirty -Eight Cents ($1,644,402.38) for improvements to Old Missouri Road from Rolling Hills Drive to Mud Creek. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a Project Contingency in the amount of One Hundred Sixty - Four Thousand Four Hundred Forty Dollars ($164,440.00). Section 3. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount of Seventy -Nine Thousand Dollars ($79,000.00) for same. 7 ',.Y EP4SSED and APPROVED this 6th day of May, 2003. •1- •; 1 .%•'\, CJ �f m I f,^, • 1 • 1, • : • ALIT By. 40441 / / SONDRA SMITH, City Clerk APPROVED: By: DAN COODY, Mayor • ►> MICR FILMED STAFF REVIEW FORM — FINANCIAL OBLIGATION AGENDA REQUEST x CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of N/A (for Mayor's approval) FJv6 f At z -03 FROM Sid Norbash Name Engineering Division CP& E Department ACTION REQUIRED: Approval of the Change Order No. 1 to the Construction Contract with Mobley Contractors, Inc. in the amount of $85,856.49 for OId Missouri Road Improvements Project. COST TO CITY: $85,856.49 Cost of this Request 4470-9470-5809-00 Account Number 00050-0020 Project Number $ 164,440.00 Contingency Category/Project Budget 2003 $7./50.00 Funds Used To Date 2003 $ 156~690 00 Remaining Balance 2003 OId Missouri Impvts Phase 1 Program Category/Project Name Street Improvements Fiogram/Project Category Name Sales Tax Fund Name BU . .T . EVI Budget Manager Budgeted Item 3,R.o� Date Budget Adjustment Attached CONTRACT/GRA /LEASE REVIEW: J e%y Accounting Manager Date City Attorne ram.. tiAcc-SIS Internal AudWor Date r—� Date 3/47s c/ Purchasing Manager Date ST RECOMMENDATION: Approval of C.O. #1 epartment a vector 3 nit a ices s m tor of mi I ayor ccr Date -/0-0 ate Received in Mayor's Office Cross Reference : Prey Ord t�cs N: 62-03) Orig. Contract Date: May 6, 2003 Orig. Contract No: 902 New Item: Yes No X • • • • STAFF REVIEW FORM Description Old Missouri Road Improvements, Construction contract C.O. #1 Meeting Date N/A Comments: Reference Comments: Budget Manager Accounting Manager Internal Auditor City Attorney Page 2 Purchasing Manager Finance and Internal Services Director Chief Administrative Officer • Construction Contract Chanes Order Old Missouri Road Improvements Change Order No. 1 •,79 //�� JAN — 9 200044 v ' �i�Y(10_2 Gf tt - Y;s/c-(1 Ower City of Fayenevilk 113 West Mountain Fayeuevilk, AR 72701 Project Name Number (CIPB) 0106-6050 (Bid No. 03-20) Date Prepared January 9. 2004 ConInctor Mobky Contncmxs - 705 Hatcher Springdak AR 72764 Phone 479-872-2253: Fax 479-872.2285 Description of Wort Included In Contract Asphalt pavement reconstmction and widening embankment cnnsrnrction. sidcwalksinds and access ramps. driveways. curb and gutter. reinforced concrete retaining walls. storm drainage pipe and sl ai res. and water and sewer line relocation. Changes and Rnsom Ordered (List Individual Changes as: A. B. C. 1). etc.) A Revised Quantity - The City revised the guanuly as descnhed The City -selected color of Solomon Color 1242 for the Concrete Retaining Wall with Textured Finish had an unles'sabk appearance and was rejected by The Ciry. The City replaced Solonnn Color M242 with Solomon Custom Color 16061303 12.5 RNC) of Solomon Color 1242 wn required in the original 'es -bid' concrete ma design. However. 25 lbs'cy of Solomon Custom Color/6061303 is requited for the new concrete mux design The new contract unit pace in:hwks the cost for this ahhl,nal color. B Added Item - The City Meter Operations directed the Contractor m provide and install pressure regulator behind the proposed water meters fur Butterfield Tail Ekmcnary School and Fayemealk Health and Rehabilitation Center. The pressure regulators and assorted piping wen 110t a part of the original contract, and should be considered an additional item C Revised Quantity - The City revised the quantity as described. The City ekced to repbce the existing 4-F7 sidewalk along the west side of Oki Missoun Road (Sta. 13+75 to Su 26-00) with a 6 -FT unbuffered sidewalk. I) Revised Quantity - The Ctry revised the quantity as described. The City is currently making improvements on Rolling Hills Dnve near die intenectnn of Old Missouri Rind and Rolling Hills Drive. Pan of the City's mtprovenens in l de replacing appmxurately 24 LF. of 24' Reinforced Concrete Pipe on the southwest comer of the unersectwn At an on-site meeting with the Contractor. the City directed Mobley Contractor to replace this seam of pipe wider de OM Missouri Rmd contract. E Revised Quantity - the depth of rock significantly varied between the geotechnkal borings along die northern section of the pmlwned improvements. The rock encountered (between the borings) during the sanitary sewer excavation wa. as shallow as Cinches below existing asphalt. There fixe, the estimated quantity was exceeded Contract Changes Bid Item No Bid Item Description Original Estimated Quantity Unn Contract Unit Price Revised Estimated Quantity Negotiated C . or As -Bid Pett Onginal Estimated Cont Revised Estimated Cosi A SP -10-3.2 Extra Color for Concrete Retaining Wall with Textured Finish 135 Cl' 5584.69 335 5596.52 5195.871.15 5199,8.34.20 II Extra Item No. 1 Treasure Regulator and Assorted Piping 0 EA 50.00 2 51,905.69 50.00 53.811.38 C 116-5.11 Concrete Sidewalk /Trail 3,500 SY 531.13 3,850 531.13 5108,955.00 5119,850.50 D 134.1h 24" RNafoned Concrete Pipe. Cass 111 38 I.F 576.84 62 576.84 52.919.92 54.76.08 E U8-5.1 Utility Rock Excavation 350 CI' 5136.13 830 5136.13 547,645.50 5112,987.90 5 mmalioo of ('rot 5355.391.57 5441,248.06 Net Coat for obis Change Order 585,856.49 Estimated Project Cost Estimated Project Cost Time Orange' Onginal Contract Date lune 3. 2003 Original Contract Construction Days (calendar days) 270 Additional Cakndar Days granted by this Change Order 45 New Contract Construction Tune (calendar days) 315 New Construction Completion Date April 13, 2004 Original Contract Amount 51,644,402.38 Prenously Approved Changes 50.00 This Change Order 585,856.49 New Contract Anaunr 51,730,258.87 THIS AGREEMENT 15 SUBJECT T(1 AI.I. ORIGINAL CONTRACT PROVISIONS ISSUED FOR REASONS INDICATED ABOVE R/LA& --a/y} ss� //�'�� 65{4 rC.P.� C eS/LA/ 6,15/.✓Oita �/ iPI 107 Engineer's Signature Title Date ACCEPTED BY CONTRACTOR a . - ' 0 kip Contnctoes Signs fee Title toG APPROVED BY OWNER / • %//� ���'�l1' — Mf ifs Signature / n FAYETTEVItLE THE CITY OF FAYETTEVILLE. ARKANSAS • DEPARTMENTAL CORRESPONDENCE To: Dan Coody, Mayor Thru: Hugh Earnest, CAO Tim Conklin, Director CP&E Gary Coover, City Engineer From: Sid Norbash, Staff Engineer Date: March 2, 2004 Re: Old Missouri Rd. Improvements Project Change Order #1 to the Construction Contract with Mobley Contractors, Inc. Background: The above referenced project is a Capital Improvement Project, which has been funded for construction for 2003-2004. The purpose of this project is to improve Old Missouri Road from Rolling I Tills to Brookhaven, as well as installation of mayor drainage improvements. Status: The construction phase of this project began in May 2003. At this time this project is approximately 70% completed Progress on this project has been delayed because a significant amount of solid rock excavation was required in order to install the new water and sewer mains Although 350 cubic yards of solid rock excavation was estimated by the engineers, the actual excavation exceeded this amount by another 480 cubic yards. Garver Engineers' letter of explanation is attached. Change of Scope: In addition to the solid rock excavation quantity there are other items of work that the • • contractor is being asked to perform per City Staffs request. These items are described below. (1) More solid rock was encountered than was estimated by the Engineer. This quantity change is an addition of 480 C Y. to the original estimated quantity of 350 C.Y. of solid rock excavation making the total 830 C.Y For more details regarding this item please refer to the attached letter by Garver Engineers, dated 1/10/04. The cost of this item is $65,342.40 (2) A portion of the existing sidewalk on West side of Old Missouri Rd. and North of Eaton Street was to be salvaged and left in place. The contract called for this sidewalk to be cut and replaced in various driveways and approaches These new patches would have created a very uneven appearance, and in many instances the elevation of the new curb did not quite match the old sidewalk. This added approximately 350 S.Y. of sidewalk to the contract. The cost of this item is $10,895.50. (3) The final color that was chosen by the City Staff was different from the one bid by the contractor. The color that was picked for bid appeared too pink, and had to be changed. The chosen color simply required more paint because it was darker. The cost of this item is $3,963.05. (4) Pressure Regulators and assorted piping were required by the meter division for Butterfield School and Fayetteville Health and Rehabilitation Center. These items were not included in the contract. The cost of this item is 53,811.38. (5) Approximately 24 feet of 24" storm sewer pipe was required to be replaced at the southwest corner of the intersection of Old Missouri Rd. and Stubblefield Rd., because the existing pipe was damaged and the alignment was not correct. The cost of this item is $1,844.16. • • (6) Because of the change of quantities and scope, Mobley requested that 65 additional days be added to the contract time. After negotiations with the City Staff and Garver Engineers, it was agreed upon by all parties involved that 45 additional days be allowed. Recommendations: The Staff recommends approval of Change Order #1 to the existing contract with Mobley Contractors, Inc. in the amount of $85,856.49. Also addition of 45 calendar days to the contract time. Funding: From the contingency funds. The Council has approved a project contingency in the amount of $164,440.00, per Resolution No. 62-03 (copy attached). Contingency $164,440.00 Used to date $ 7,750.00 (Eng. Contract Amndmt. #3) Balance $156,690.00 SN/sn Attachments: copy of Change Order #1 copy of Resolution 62-03 Garver Engineers' letter • RESOLUTION NO. 62-03 A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO MOBLEY CONTRACTORS, INC IN THE AMOUNT OF ONE MILLION SIX HUNDRED FORTY-FOUR THOUSAND FOUR HUNDRED TWO DOLLARS AND THIRTY-EIGHT CENTS ($1,644,402.38) FOR IMPROVEMENTS TO OLD MISSOURI ROAD FROM ROLLING HILLS DRIVE TO MUD CREEK; APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF ONE HUNDRED SIXTY-FOUR THOUSAND FOUR HUNDRED FORTY DOLLARS ($164,440.00) AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF SEVENTY-NINE THOUSAND DOLLARS ($79,000.00) FOR SAME BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards a construction contract to Mobley Contractors, Inc. in the amount of One Million Six Hundred Forty -Four Thousand Four Hundred Two Dollars and Thirty -Eight Cents ($1,644,402.38) for improvements to Old Missouri Road from Rolling Hills Drive to Mud Creek. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a Project Contingency in the amount of One Hundred Sixty - Four Thousand Four Hundred Forty Dollars ($164,440.00). Section 3. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount of Seventy -Nine Thousand Dollars ($79,000.00) for same. -•F "4 r PAS ED and APPROVED this 6th day of May, 2003. 4' •i'Nit cilip„ r 4: : �.\ ` . • •• BY: arldal q9 SONDRA SMITH, City Clerk APPROVE& By: DAN COODY, Mayor • Garver, Int. Engneers 3810 Front Street. Suite 10 Fayetteville. AR 72703 479-527-91W FAX 479-527.9101 WAN/ 9arverInc corn January 10, 2004 Sid Norbash City of Fayetteville 113 West Mountain Fayetteville, AR 72701 RE• Old Missouri Road Improvements - Requested Information Garver Project No. 0106-6050 Dear Sid: • scar GARVERIENGINEERS Please allow us to respond to your requests in your letter dated January 7, 2004. We have enclosed the information you requested regarding rock excavation and contract time extension for the Old Missouri Road Improvements project. This letter will provide additional information regarding items A and C, as referenced in your letter. We have enclosed a letter from Ron Mobley, Vice President of Mobley Contractors, Inc., dated January 8, 2004, which addresses your item 13. Item A — Rock Quantities We have enclosed the calculations and methods we used in estimating the rock excavation quantity for the bid item "Utility Rock Excavation." We plotted the known rock elevations (discovered from the borings), as shown on enclosed Plan Sheets 25 and 26. These sheets show the geotechnical boring locations and the depth of rock encountered during the boring. We estimated the rock excavation quantity for the sanitary sewer improvements as shown on the attached spreadsheets. As you know from working with us we spend significant effort to protect our clients' interests, especially the City of Fayetteville, and we appreciate the good working relationship we have with you. Because the rock excavation quantity we estimated originally was substantially low (before you requested this) we reviewed our procedures for estimating the quantity. We believe our estimates were reasonable based on the information we had available from the geotechnical investigation. We hope you will agree after reviewing the information presented. The problems were that the depth to rock varied substantially between the borings, the rock was just beneath the surface in several locations, and rock was even encountered during waterline construction. Four borings and three pavement cores were taken along the proposed improvements. All borings are near the waterline improvements and three of these borings are near the sanitary sewer improvements, where the majority of rock was encountered. The borings were concentrated more along the north • portion of the project, where the rock was encountered, to provide design guidance for the retaining walls, the sewer line construction, and other earthwork. Since the south end of the project was primarily an overlay of the existing street, the investigation was primarily limited to pavement coring. Examples of varying rock depths and extremely shallow rock can be seen at both the Sweetbriar and Elaine Avenue intcrscctions. The rock encountered on the 66 linear feet of sewer extending up Sweetbriar Avenue was less than 6 -inches below the top of asphalt. Also, the Contractor encountered rock less than one foot below the top of asphalt at the Elaine Avenue intersection. Encountering rock at this shallow depth required the Contractor to excavate rock even for the waterline construction in this Brentwood. TN • Fayetteville. AR • Huntsville. AL • Little Rock. AR • Madison. MS • Topeka, KS • Tulsa. OK Mr. Sid Norbash January 9, 2004 • • Page 2 of 3 area In order to provide the 36 -inches of minimum cover over the proposed 8 -inch waterline, and install the City -directed encasement pipe at various locations, the Contractor had to excavate over 130 cubic yards of rock for the waterline. Encountering rock at this shallow of a depth also delayed the waterline construction in this area. In addition to the additional quantity, the density of rock is a signficant reason for the delay in construction on the northern section of the roadway. In order to help schedule his work, the Contractor, at his own cost, had the density of the rock determined. Test results indicated certain sections of the rock had hearing pressures greater that 10,800 psi. With this knowledge, the Contractor investigated the option of blasting the rock in order to expedite the schedule. The blasting company determined the proposed sewer line was too close to other in-place utilities and therefore not an option. In an effort to maintain the construction schedule on this portion of the roadway, the Contractor has replaced the hoe - ram's rock hammer with a new special tip hammer and has worked longer hours and extended his work -week. So, thc obvious question is whether we should accomplish morc subsurface investigation during design. The geotechnical services fee for this project was $3,660. We have reviewed geotechnical fees for our recent and current street projects, similar in size to this project, for several municipalities and have determined that fees typically range from $3,000 to $5000. To gain more confidence in estimating rock excavation quantities and thc associated cost, the geotechnical services fee could easily double or triple. More borings would be required and potentially testing of the rock to determine density. Given the history of expectations for geotechnical fees by municipalities, we believe a proposed fee of $10,000 or more would have been rejected during contract negotiation for this project. However, we would be glad to work with the City to develop a more effective strategy for determining the appropriate amount and types of geotechnical services for your future projects. Just as a point of interest, we have not encountered this problem on any of our other projects in Fayetteville or Northwest Arkansas. Item C — Contractor's Progress Regarding thc Contractor's ability to work on the balance of the project during the excavation of this rock, we offer the following. Due to the roadway being raised, retaining wall and other construction, and no available corridor to detour traffic, the road is closed to traffic from Stubblefield to Elaine. As stated in our January 5, 2004 letter, the proposed sewer must be constructed, tested, and in service before the existing line can be abandoned. Once the old line is abandoned, the roadway embankment can be constructed followed by the pavement and curb and gutter. As shown on Change Order No. 1, the City has requested the Contractor to add several work items to his contract, primarily on the southern portion of the project. To date, the Contractor has accomplished a majority of these items but did not previously request additional time. The Contractor is only asking for the time lost on northern section of the improvements. Except for the final lift of surface course and pavement markings, the Contractor believes the southern portion of thc project can be finished by the original contract date. The only additional significant construction remaining on the southern portion includes driveways, ditch paving, and topsoiling. The Contractor believes he can maintain the current traffic flow while constructing these improvements. He also believes he can re -open the Stubblefield Road intersection to traffic by the original contract date. Therefore, the only remaining major construction would he north of Stubblefield, which is currently closed to traffic. We agree that additional time is warranted due to the limited construction activity on the northern section of the roadway. We recommend the City require the southern end of the project, south of Stubblefield Road, to be substantially complete as described in this letter by the original contract date. • Mr. Sid Norbash January 9, 2004 • • Page 3 of 3 There are minor construction items that could have been accomplished north of Elaine Avenue, but these items should not require a large amount of time. For the northern portion, we believe 45 additional calendar days is reasonable. This would place the end of construction in mid April, two weeks after the Contractor's current anticipated completion date. In conclusion, as stated in our December 4, 2003 letter, please know that we are carefully monitoring the work and will closely track the cost of the remaining pay items individually and in summary. In an effort to protect the City's interests, when rock was first encountered, our geotechnical engineer evaluated the rock to determine if it met the qualifications for "rock" as described in the specifications and helped us establish standards for qualification of rock for the remainder of the project. Since that time, Garver has been closely monitoring rock excavation with respect to qualification and quantity. Being able to foresee this overrun, we have been proactively making field adjustments in order to help offset this additional cost wherc appropriate. Examples of these adjustments include: > Raising portions of the sanitary sewcr profile where practical to reduce trench depth and rock excavation > Reducing the solid sodding quantity and seeding where applicable > Sparing the use of water for dust control > Relocating proposed sanitary sewer manholes to reduce the overall sanitary sewer length We are also tracking potential savings in othcr pay items involving waterline improvements, modular block retaining wall, and chain-link fence. Currently the final construction cost is projected to be approximately $1,730,250, which is 5% over the total original contract amount of $1,644,402. We are available to meet with you at your convenience to discuss any of these issues. If you have any questions, please call me. Respectfully, GARVER 1 ENGINEERS 1 • Kip Guthrie, PE Project Engineer CC: Ron Mobley JP.1 Jan 09 04 10:59a Gallo Fayetteville 47952 01 Jan -07-04 11:15 Mobley Contractors SO1 271 814 a Mobley CONTRACTORS, RK. 70i 1Lacher til laic. AR 72764 • Oface (179) 672-2253 1ax1479)a72-2285 TRANSMISSION BY FACSIMILIE (479) 527-9101 January 8, 2004 Mr Scott Bowles Garver Engineers. Inc. 3810 Front Street Suite 10 Fayetteville, AR 72703 RE: Old Missouri Road Improvements Time extension request explanation Dear Mr. Bowles: Mobley Contractors. Inc. earlier requested a time extension for the contract on the referenced project. This appeal was based on an unexpected amount of rock excavation for the sanitary sewer construction. Sanitary sewer work started on September 9, 2003. Although a total of fifty-five calendar days were scheduled for this installation, it has continued for one hundred twenty calendar days. To date rock excavation has reached 774.16 CY that is mom than double the original estimate quantity. The time extension request was determined by the sixty-five day difference between the estimated and actual days spent on installation of the sanitary sewer system. Although we anticipate completion in late March of 2004, our request is for the total impact of sanitary sewer construction delay. 0 you require further information, please do not hesitate to call. Sincerely, MOBLEY CONTRACTORS, INC. 4 kik-4-11,-;_. Ron F. Mobley, Jr. Vice President RFM.Jr/sr P .01 • FAYETTEVI LLE THE CITY Of FAYETIIVILLE. ARKANSAS • DEPARTMENTAL CORRESPONDENCE To: Sid Norbash Engineering Division �/�,p From: Clarice Buffalohead Pearman t''e City Clerk Division Date: March 15, 2004 Re: Mobley Contractors, Inc. I have attached three copy of the original change order signed by the mayor to the agreement with Mobley Contractors. This agreement will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the clerk's office know. /cbp attachment(s) cc. Nancy Smith, Internal Auditor •• p...c3 MICROFILMED 11)2 - STAFF REVIEW FORM — FINANCIAL OBLIGATION AGENDA REQUEST x CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of N/A (for Mayor's approval) et/ Nlay eoM l lt't:;tnI % %rH, d ,n-vn FROM: , / Sid Norbash .('�✓ Engineering CP& E Name Division Department ACTION REQUIRED: Approval of the Amendment No. 3 to the Engineering Contract with Garver, Inc. Engineers in the amount of $7,750.00 for Old Missouri Road Improvements Project. COST TO CITY: 7,750.00 Lost of this Request 4470-9470-5809-00 Account Number 00050-0010 Project Number $ 1,957,518 Category/Project Budget 2003 $1.779.069 Funds Ustd To Date 2003 $178,449 Remaining Balance 2003 Old Missouri Impvts. Phase I Program Category/Project Name Street Im rovements Program/Project ra Category ategory Name Saes Tax Fund Name BUDGET ?VIEW: x Budgeted Item Budget Manager Date Budget Adjustment Attached COTRACT/G$ANT/LEASE REVIEW: aAditt _ aoticzi7/7lGy c„.A.cs)uctSg Man.agL/�� D2( vott City Attorney Date �//////''''''������tI -r�,,- 11710y Int 1/1 it) Date Purchasing Manager STAFF RECOMMENDATION: s ent I_ ector mance : . t Inte Approval LE4p.0 ate f Date ose • ices erector D / - /-11 -O e nicer ate 4291 0 Date Received in Mayor's Office Cross Reference • Prev Ord/Res #: 62-03 Orig. Contract Date: May 6, 2003 Orig. Contract No: 902 New Item: Yes_ No jS batt- • • STAFF REVIEW FORM Description Old Missouri Road Improvements. Engineenng contract Amendment #3 Meeting Date N/A Comments: Reference Comments: Budget Manager Accounting Manager Internal Auditor City Attorney Page 2 Purchasing Manager Finance and Internal Services Director Chief Administrative Officer FAYETTE`CI LLE THE CITY OF FAYETTEVILLE. ARKANSAS i DEPARTMENTAL CORRESPONDENCE To: Dan Coady, Mayor Thru: Hugh Earnest, CAO Tim Conklin, Director CP&E Gary Coover, City Engineer From: Date: Re: Sid Norbash, Staff Engineer December 19, 2003 ,/ Old Missouri Rd. Improvements Project Amendment #3 to the Engineering Contract With Garver, Inc. Engineers Background: The above referenced project is a Capital Improvement Project, which has been funded for construction for 2003. The purpose of this project is to improve Old Missouri Road from Rolling Hills to Brookhaven. Status: The construction phase of this project began in May 2003. At this time this project is approximately 60% completed. Change of Scope: In order to meet schedule, Mobley Contractors, Inc. officially requested to begin construction on Old Missouri Rd. starting May 19, 2003. At the time of Mobley's request to start, Butterfield School was still in session until June 3, 2003, and it was not feasible to close Old Missouri Rd. to the public. It was decided by the Staff that in order to establish a more reasonable schedule for construction, and to complete that portion of the construction in front of Butterfield Elementary School before school re -opens on August 18, 2003, Mobley Contractors, Inc be allowed to start mobilization traffic signage and clearing and grubbing without being charged time. This resulted in 20 extra days of • i construction management for Garver Engineers, from 270 calendar days to 290 days. The Staff was observing to see if in fact the construction time will actually go beyond the projected date, to see if amending the contract is needed. In the meanwhile solid rock was encountered during the installation of water and sewer lines, which slowed the progress. It is anticipated that the completion of the construction will go beyond the original estimated 270 days, and that the contractor will ask for additional days. This is mostly due to encountering solid rock excavation. Since it is required that the Engineer be authorized for the extra days of construction management, prior to the actual work, the Staff is submitting this amendment for approval. The Engineer's estimate of the cost of construction management was based on 270 days of construction, the additional cost for the extra 20 days needs to be approved and added to the Engineer's contract by approval of Amendment #3. Recommendations: The Staff recommends approval of Amendment #3 to the existing contract with Garvers, Inc. Engineers, in the amount $7,750.00. Funding: From the contingency funds. The Council has approved a project contingency in the amount of $164,440.00, per Resolution No. 62-03 (copy attached). SN/sn Attachments: copy of Amendment #3 Copy of Resolution 62-03 • RESOLUTION NO. 62-03 MICRO]FILMED A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO MOBLEY CONTRACTORS, INC. IN THE AMOUNT OF ONE MILLION SIX HUNDRED FORTY-FOUR THOUSAND FOUR HUNDRED TWO DOLLARS AND THIRTY-EIGHT CENTS ($1,644,402.38) FOR IMPROVEMENTS TO OLD MISSOURI ROAD FROM ROLLING HILLS DRIVE TO MUD CREEK; APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF ONE HUNDRED SIXTY-FOUR THOUSAND FOUR HUNDRED FORTY DOLLARS ($164,440.00) AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF SEVENTY-NINE THOUSAND DOLLARS ($79,000.00) FOR SAME. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards a construction contract to Mobley Contractors, Inc. in the amount of One Million Six Hundred Forty -Four Thousand Four Hundred Two Dollars and Thirty -Eight Cents ($1,644,402.38) for improvements to Old Missouri Road from Rolling Hills Drive to Mud Creek. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a Project Contingency in the amount of One Hundred Sixty - Four Thousand Four Hundred Forty Dollars ($164,440.00). Section 3. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount of Seventy -Nine Thousand Dollars ($79,000.00) for same. EP,4SE SD and APPROVED this 6w day of May, 2003. �' s - f /• • •. i 6I ta•socil � re: � 1 3 •\Ifl:i7' A 0 By: , ALA SONDRA SMITH, City Clerk APPROVED By: DAN COODY, Mayor Cartier, Inc. Engineers 3810 Fron; Street. Sado 10 Fayetiewile. AR 72703 479.527.9100 FAX 479-527-9101 www garverinc corn December 17, 2003 Mr. Sid Norbash City of Fayetteville 113 West Mountain Fayetteville, AR 72701 _a_gwt Ems' DEC 1 8 2003 GARVERIENGINEERS Re: Old Missouri Road Improvements Professional Engineering Services Contract Amendment No. 3 - Revised Dear Sid: Please consider this letter as our revised proposed Amendment No. 3 (originally submitted May 12, 2003) to our original engineering services contract for Old Missouri Road Improvements dated February 20, 2001. At your direction, we have increased the allowable construction time for Mobley Contractors from 270 to 290 calendar days in our letter to Mobley Contractors dated May 8, 2003. Since our agreement for construction support services is based on a construction contract time of 270 calendar days, we are requesting an amendment to provide our services for the additional time the City has given to the Contractor. Your approval of this amendment will allow the NTE amount for Construction Support Services to increase from $104,375 to S112,125, an increase of $7,750. We understand that the City has been waiting to see if the Contractor would finish construction early, potentially making this amendment unnecessary. However, with the additional amount of rock excavation encountered during construction of the sewer line, the Contractor will likely request additional time, even though he has not requested additional time to date. Please indicate your approval by signing in the space provided below. As always, we appreciate the opportunity to provide professional services to the City of Fayetteville and look forward to successful completion of this project. Please call me with any questions or comments. Thank you. Sincerely, GARVER ENGINEERS Brock Hoskins, P.E. Vice President/Project Manag. Approved:AL Title: Date: cc: Gary Coovcr/Tim Conklin Brentwood. TN • Fayetteville. AR • Huntsville. AL • time Rock, AR • Madison. MS • Topeka. KS • TuLsa. OK $l ; • . . . Hi 6 1 . AI ;2 . . 0 3E8 e 3 a . . 0 1 6 e . 0 . . �L38 0 ii : . . . I g t . . . . 11 ;t . . . . 11 R r ed;l; 0 . . . 2 . 1 8. 15 . . . . Mg ` • . • . M ; 1 . L - - r 1 IIIji ilai � ft Ifi nJI it 1 {g !!t 8i 11 $ w 311 $: i FAYETTEm LLE Is THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Sid Norbash Engineering Division From: Clarice Buffalohead-Pearman C City Clerk Division Date: January 20, 2004 Re: Garver Engineers Attached are two originals of the above agreement Amendment No. 3 for the Old Missouri Road Improvements Project. This agreement will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the clerk's office know. /cbp attachment(s) cc: Nancy Smith, Internal Auditor NAME OF FILE: Resolution No. 62-03 CROSS REFERENCE: Item # Date Document 1 04/15/03 Res. 62-03 w/Ex. A 2 04/08/03 Staff Review Form w/attachments draft resolution memo to mayor and city council letter to Sid Norbash from Garver Eng. copy of proposed agreement 3 05/14/03 memo to Sid Norbash NOTES: MICROFILMED 7///off tiobtay aac's/ STAFF REVIEW FORM - FINANCIAL OBLIGATION eU ��p/d /f/iss�Nrr AGENDA REQUEST 4 ba -o 3 x CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of N/A ( Mayor's approval Required) FROM: Sid Norbash �i�/ Engineering CP& E Name Division Department ACTION REQUIRED: Approval of the Change Order No. 2 & Final Reconciliation to the Construction Contract with Mobley Contractors, Inc. in the amount of 521,803.19 for Old Missouri Road Improvements Project...__...\ COST TO CITY: / 3338 O d co $21,803.19 $ •1M,u.uu Certmgcrtyy Cost of this Rcuuest Cateeorv/Proiect Bud2et W CBUDGET REVIEXC x Budgeted Item/ Budget Manager Date CO RACT/ ANT/LEASE REVIEW: A .2 O coup M ge Dat • ' 1 City Attorney Date Budget Adjustment Attached -1%-�loy tntt d Purchasing Manager Date STAFF RECOMMENDATION: Approval of C.O. #2 & Final Reconciliation Department Director Date Received in Mayor's Office Cross Reference : Prcv Ord/Res ft: 62-03 Orig. Contract Date: May 6. 2003 Orig. Contract No: 902 New Item: Yes_ No X STAFF REVIEW FORM Description Old Missouri Road Improvements. Construction contract C.O. #2 & Final Reconciliation Meeting Date N/A Comments: Budget Manager Accounting Manager Internal Auditor City Attorney Purchasing Manager Finance and Internal Services Director Reference Comments: Chief Administrative Officer ��� r Item Requiring Mayor's Approval To: Dan Coody, Mayor Thru: Hugh Earnest, CAO Tim Conklin, Director CP&E Gary Coover, City Engineer From: Sid Norbash, Staff Engineer 4z Date: Date: June 30, 2004 Re: Old Missouri Rd. Improvements Project Change Order #2 & Final Reconciliation to the Construction Contract with Mobley Contractors, Inc. RECOMMENDATIONS: Staff recommends approval of the Change Order #2 & Final Reconciliation to the construction contract with Mobley Contractors, Inc. in the Amount of $21,803.19 for the extra work necessitated during the construction, and required by the City Staff, as well as over -run for certain bid items per contract. BACKGROUND: The above referenced project is a Capital Improvement Project, which has been funded for construction for 2003-2004. The purpose of this project was to improve Old Missouri Road from Rolling Hills to Brookhaven, as well as installation of major drainage improvements. STATUS: The construction phase of this project began in May 2003. This project was completed in May 2004, and contract with Mobley will be closed out after approval of the attached Change Order #2 & Final Reconciliation. DISCUSSION: There were some under -runs as well as some over -runs in the final finished quantities, resulting in a net increase of $21,803.19 for the project closing statement. The significant items of over -run were: Bid Item #8 Detectable Warning System Bid Item #26 Under Cut Excavation Bid Item #30 Aggregate Base Course Bid Item #98 Solid Rock Excavation FUNDING: From the contingency funds. The Council has approved a project contingency in the amount of $164,440.00, per Resolution No. 62-03 (copy attached). Contingency Used to date Conting. Balance $164,440.00 $ 93,606.49 $70,833.51 $ 7,750.00 (Eng. Contract Amndmt. #3) $85,856.49 (Construction C.O.#1). SN/sn Attachments: copy of Change Order #2 & Final Reconciliation copy of Resolution 62-03 RESOLUTION NO. 62-03 MICROFILMED FILMED A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO MOBLEY CONTRACTORS, INC. IN THE AMOUNT OF ONE MILLION SIX HUNDRED FORTY-FOUR THOUSAND FOUR HUNDRED TWO DOLLARS AND THIRTY-EIGHT CENTS ($1,644,402.38) FOR IMPROVEMENTS TO OLD MISSOURI ROAD FROM ROLLING HILLS DRIVE TO MUD CREEK; APPROVING A PROJECT CONTINGENCY' IN THE AMOUNT OF ONE HUNDRED SIXTY-FOUR THOUSAND FOUR HUNDRED FORTY DOLLARS ($164,440.00) AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF SEVENTY-NINE THOUSAND DOLLARS ($79,000.00) FOR SAME. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards a construction contract to Mobley Contractors, Inc. in the amount of One Million Six Hundred Forty -Four Thousand Four Hundred Two Dollars and Thirty -Eight Cents ($1,644,402.38) for improvements to Old Missouri Road from Rolling Hills Drive to Mud Creek. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a Project Contingency in the amount of One Hundred Sixty - Four Thousand Four Hundred Forty Dollars ($164,440.00). Section 3. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount of Seventy -Nine Thousand Dollars ($79,000.00) for same. `'` Y E SEjj D and APPROVED this 6I day of May, 2003. -• '^ 1S ' APPROVED / fC1 40 DAN COODY, Mayor A / f BY SONDRA SMITH, City Clerk City Of Fayetteville CHANGE ORDER NO.2 & FINAL RECONCILIATION Project Title: Old Missouri Rd. Improvements Project No. 00050-20 Contract No. 902 Contract Date 5-6-2003 Contractor: Mobley Contractors, Inc. The following changes are hereby made to the contract documents: Additions to the contract: Quantity variations on all bid items as measured for final payment, and attached as final payment documents: $21,803.19 Deletion from contract: None per this change order Justifications: These are the differences between the actual quantities installed on the job, and the estimated quantities per bid items. These figures also reflect the changes previously approved and made to this contract. Original Contract Price: $1,644,402.38 As adjusted by previous changes: $1,730,258.87 This C.O. will increase contract by: $_ 21,803.19 The new contract price will be: $1,752,062.06 CHANGE TO CONTRACT TIME The contract time will not change. APPROVALS REQUIRED To be effective this change order must be approved by the Owner if it changes the scope or objective of the project, or as may otherwise be required under the terms of the General Conditions of the Contract. Requested by 21L2 Approved by Approved by Mayor Mayor Dan Page 2 Date: Date: __t' Date: Date'/°' FINAL PAYMENT AND RECONCILIATION CHANGE ORDER PREPARED BY GARVER ENGINEERS PROJECT NAME: OWNER: CONTRACTOR: Old Missouri Road Improvements City of Fayetteville Mobley Contractors. Inc. DATE OF CONTRACT: 5/6/2003 CONTRACT AMOUNT: ORIGINAL: $1,644,402.38 REVISED: $1,730,258.87 Certified By CONTRACT Mobley Contractors, Inc. By: / Date: Recommended By '�— ENGINEER: Q Carver Engineers, Inc. By: ,wztf w& — Date: ESTIMATE NUMBER: 12 Final Estimate FROM: 05/05/04 TO: 05/17/04 JOB NUMBER: 0106-6050 COMPLETION DATE: 04/13/04 DATE WORK BEGAN: 06/03/03 CONSTRUCTION TIME: ALLOTTED: 315 Calendar Days USED: 315 Calendar Days CERTIFIED AS CORRECT AS SHOWN ON THE ATTACHED BREAKDOWN Approved for Payment By OWNER: City of Fayetteville Approved Date: Total Amount of Work Done 1,752,062.06 Plus Materials Stored 0.00 TOTAL 1,752,062.06 Less Retainage (5%) 0.00 Difference 1,752,062.06 Less Previous Payments 1,595,715.27 FINAL AMOUNT DUE ON CONTRACT INCLUDES 5% RETAINAGE 156,346.79 Pal 130 Qpo.'DD Bel C.� a16' 3 4 19 Gay eslmele R12 Gape I of I € o n •R W w W W p N N NNN N NNN N + + ++++++++ m y V W U P w N+ w~ O n< 4by$. 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I! 3 o g m w tiro o T tl W o V N O (0 + a o + o + o o rn V V m •p+ 01 pp A PN O S o + V V o O + o o m V N J + V o y N W O p O V W O O N z C m m m m; A O m N C) H 0 z a C Z 0- m m -4 D o8 bC m� U FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS City Clerk Division 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575-8323 DEPARTMENTAL CORRESPONDENCE To: Sid Norbash Engineering Division From: Clarice Buffalohcad-Pearman City Clerk Division Date: August 10, 2004 Re: Change Order No. 2 Just a confirmation that you pick up on August 4, 2004 two of the three originals change order/final reconciliation for Mobley Contractors, Inc. for the Old Missouri Road Improvements Project. This change order/reconciliation will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the clerk's office know. /cbp attachments cc: Nancy Smith, Internal Auditor FAYETTE`ILLE • THE CITY OF FAYETTEVILLI. ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Sid Norbash Engineering Division From: Clarice Buffalohead-Pearman City Clerk's Division Date: 5/14/2003 Re: Resolution 62-03 A copy of the above resolution passed by the City Council May 6, 2003, awarding a construction contract to Mobley Contractors, Inc., is attached hereto. I am returning three copi ofthe clerk's contract. When you have completed the blanks, please return a completed copy to the office and to Nancy Smith, Intemal Auditor. These items will be microfilmed once a completed copy is received and filed in the city clerk's office. /cbp Attachment(s) cc: Nancy Smith, Internal Auditor Kevin Springer, Budget & Research • STAFF REVIEW FORM • X AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council Meeting of: May 6, 2003 FROM: Jim Beavers Name ACTION REQUIRED: Engineering Division CP&E Services Department 1. Approval of a resolution awarding a construction contract to Mobley Contractors, Inc., the low bidder, in the amount of $1,644,402.38 for Bid no. 03-20, Old Missouri Road Improvements, the bids were opened April 22, 2003. 2. Approval of a 10% project contingency, in the amount $164,440. 3. Approval of a Budget Adjustment $79,000 from the Sales Tax Use of Fund Balance. COST TO CITY: $ 1,808,842.38 $ 1,878,518 * * Old Missouri Road Improvements Cost of this request Category/Project Budget Program Category / Project Name 4470.9470.5809.00 Account Number 00050.20 Old Missouri Ph 1 02019.20 Old Missouri Ph 2 Project Number $ 118,660 ** Street Improvements Funds Used to Date Program / Project Category Name $ 1,759,858 Remaining Balance Sales Tax Construction Fund Name • As previously approved by the Street Committee and City Council, phase 1 (Stubblefield to Mud Creek) and phase 2 (Rolling Hills to Stubblefield) have been combined into one contract. •• 2003 Budgets: 00050 - $1,308,518 total with $118,660 committed. 02019 - $ 570,000 BUDGET REVIEW: X Budgeted Item X Budget Adjustment Attached j c/ '21 3 Budget Manage_ Date CONTRACT/GRANT/LEASE REVIEW: Acc�Manage Date � • ��� ' s . 2 City Attorney - Datc STAFF RECOMMENDATION: Approval Cuua dM i.,. Y/23/o3 Internal Auditor Date q (a4n Purchasing Managcr Date RESOLUTION NO. A RESOLUTION AWARDING A CONSTUCTION CONTRACT TO MOBLEY CONTRACTORS, INC. IN THE AMOUNT OF ONE MILLION SIX HUNDRED FORTY-FOUR THOUSAND FOUR HUNDRED TWO DOLLARS AND THIRTY-EIGHT CENTS ($1,644,402.38) FOR IMPROVEMENTS TO OLD MISSOURI ROAD FROM ROLLING HILLS DRIVE TO MUD CREEK; APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF ONE HUNDRED SIXTY-FOUR THOUSAND FOUR HUNDRED FORTY DOLLARS ($164,440.00) AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF SEVENTY-NINE THOUSAND DOLLARS ($79,000.00) FOR SAME. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards a constuction contract to Mobley Contractors, Inc. in the amount of One Million Six Hundred Forty -Four Thousand Four Hundred Two Dollars and Thirty -Eight Cents ($1,644,402.38) for improvements to Old Missouri Road from Rolling Hills Drive to Mud Creek. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a Project Contingency in the amount of One Hundred Sixty - Four Thousand Four Hundred Forty Dollars ($164,440.00). Section 3. That the City Council of the City of ayett v le, ;A kansas hereby approves a budget adjustment in the amoun of = en F&ne Th usand Dollars ($79,000.00) for same. 4. PASSED and APPROVED this 6th da of May, 20 A PROVE ' :� By: -. DAN COODY, Mayor A Iis II By: ONO A SMITH, City Clerk • [1 FAYETTEVILLE THE CITY OF FAVETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Engineering Division To: Dan Coody, Mayor Fayetteville City Council Thru: Tim Conklin, Director CPE Gary Coover, City Engineer Staff Review From: Jim Beavers, Engineering Date: April 16, 2003 Re: City Council Meeting May 6, 2003 Proposed construction contract for the Old Missouri Road Improvements, Bid no. 03-20. Proposed project contingency. 1. Background. The Old Missouri Road Improvements, Phases I and II, from Rolling Hills Drive to approximately Mud Creek have been designed, all rights -of -way have been acquired, the project was advertised for bid, and bids where opened on April 22, 2003. The results of the bid opening are as follows: Mobley Contractors, Inc. $1,644,402.38 Garver Engineers' Estimate $1,806,530.00 Sweetser Construction $1,813,118.50 McClinton -Anchor $1,813,852.60 Township Builders, Inc. $1,836,223.00 Please refer to the enclosed copy of the March 13, 2003 memorandum (Old Missouri Road Capital Improvement Project ... Project Status) for additional background information. 2. Current status. The Old Missouri Road Improvements was bid for construction April 22, 2003. Mobley Contractors, Inc. is the low bidder, and has been recommended for the contract award by Garvers Engineers, the City's consultants. 3. Recommendations/request. (a) Approval of the contract with Mobley Contractors, Inc. (b) Approval of the contingency amount. (c) Approval of the related budget adjustment'. • $30,015 for In -House Engineering Services $48,985 to cover Project Contingency $570,000 is being merged from old project Enclosures: 1. Copy of the March 13, 2003 memorandum, Old Missouri Road Capital Improvement Project, Rolling Hills Drive to Sweetbriar, (Mudd Creek Bridge), Project Status. 2. Copy of the contract documents. 3. The related Budget Adjustment. JB/sn 2 Apr -23-03 08:19A Ga r Inc. Fayetteville 50 27-9101 P.01 Garver Engineers. LLC .iala Frn.:I PdAYa F.,m• lu FAyeIevII. An'/.'/Ol I7'52 .q IJtw I AX 479.27.0 IlL IM: �,.tt April 22.2003 Mr. Sid Norbash City of Fayetteville 113 West Mountain Fayetteville. AR 72701 Re: Old Missouri Road Improvements— Recommendation to Award Construction Contract Dear Sid: Five bids were received for the "Old Missouri Road Improvements" project in Room 306, City Hall, 113 West Mountain Street, Fayetteville, Arkansas, at 2:00 p.m. on Tuesday. Apnl 22. 2003. The bids have been checked for accuracy. A tabulation of the bids, with one minor correction, is enclosed with this letter, with the summary amount for each bidder shown below: Contractor Mobley Contractors S1.644,402.3R Garver EngineersEstimate $1,806,530.00 Sweetser Construction $1,813,119.50 McClinton -Anchor $1,R 13,852.60 Township Builders 51.836.223.00 Mobley Contractors submitted the lowest bid for the proposed improvements and included all the required information with their bid. We recommend award of the construction contract for this project to Mobley Contractors and believe that Mobley Contractors' bid represents a good value to the City of Fayetteville. Respectfully. (GARNER ENGINEERS Kip (iuthrie. PE Project Engineer CC: Tim Conklin Gary C:uuver Jim Beavers Peggy Vice Ron Mobley File ILU-iWllVn I N • 1 .tyr'II.'v.l1+ t U • H. llcvde A. • I .❑,e rw. . AR • Maaeon. MS • c:ea. nS • Tulsa. OK Section 00500 AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT is dated as of the 6th day of May in the year20 03 by and between the City of Fayetteville, Arkansas (hereinafter called FAYETTEVILLE) and Mobley Contractors, Inc., (hereinafter called CONTRACTOR). FAYETTEVILLE and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Old Missouri Road Improvements The work includes, but is not limited to, asphalt pavement reconstruction, overlay, and widening; embankment construction; construction of sidewalks/trails, driveways, curbs, access ramps, reinforced concrete box culvert, reinforced concrete retaining walls, block walls, storm drainage pipe and structures; water and sewer line relocation; and all other items indicated in the Drawings and Specifications. The general location of the improvements is from just south of Rolling Hills Drive to the Mud Creek Bridge. Article 2. ENGINEER. The Project has been designed by: Garver Engineers, Inc 3810 Front Street, Suite 10 Fayetteville, AR 72703 who is hereinafter called ENGINEER and who is to act as FAYETTEVILLE'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). CONTRACT TIME. 3.1. The Work shall be substantially completed within 240 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 270 consecutive calendar days after the date when the Contract Old Missouri Road Improvements 00500 (l) Time commences to run. If delays in utility relocations by others impede the Contractor's progress for major Contract items and/or items critical to the prosecution of the work within the Contract Time, the Contract Time will be temporarily suspended or adjusted by the City as appropriate. During such periods, the Contractor will be allowed to work on minor Contract items, as approved by the City, without spending Contract Time. 3.2. Liquidated Damages. FAYETTEVILLE and CONTRACTOR recognize that time is of the essence of the Agreement and that FAYETTEVILLE will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any 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 FAYETTEVILLE if the Work is not completed on time. Accordingly, instead of requiring any such proof, Fayetteville and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay FAYETTEVILLE Five Hundred dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for substantial completion. If CONTRACTOR shall neglect, refuse, or fail to complete the remaining work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by FAYETTEVILLE, CONTRACTOR shall pay FAYETTEVILLE Five Hundred dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. Fayetteville agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the prices bid in the Proposal which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03.E of the General Conditions. Article 5. PAYMENT PROCEDURES 5.1. Progress Payments. FAYETTEVILLE shall make periodic progress payments on the basis of Work completed as provided in paragraph 14.02 of the General Conditions and SC -14.02 of the Supplementary Conditions. Prior to Final Completion, progress payments will be made in an amount equal to the value of completed Work, plus the value of stored materials, less retainage, less the aggregate of payments previously made, and less such amounts as FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.B.5 & I4.02.D of the General Conditions: Retainage: FAYETTEVILLE will retain ten percent of the value of completed Work until such time as 50 percent of the Work has been completed. If 50 percent of the Work has been completed, as determined by ENGINEER, and if the character and progress of the Old Missouri Road Improvements 00500 (2) Work have been satisfactory to FAYETTEVILLE, retainage will be fixed at five percent of the Contract Price. FAYETTEVILLE reserves the right to reinstate retainage at ten percent if the character and progress of the Work become unsatisfactory to FAYETTEVILLE. Stored Materials: FAYETTEVILLE will pay 100 percent of the value of materials and equipment not incorporated in the Work but delivered, suitably stored, insured, and accompanied by documentation satisfactory to FAYETTEVILLE as provided in paragraphs 14.02.B.5 & 14.02.D of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraphs 14.06 and 14.07.B & C of the General Conditions, FAYETTEVILLE shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraphs 14.07.B & C. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce FAYETTEVILLE to enter into this Agreement CONTRACTOR makes the following representations: 6.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in Article 7) and the other related data identified in the Bidding Documents including "technical data." 6.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, or furnishing of the Work. 6.3. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. 6.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site which have been identified in the Supplementary Conditions as provided in paragraph 4.02.A of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC -4.02 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.02 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that FAYETTEVILLE and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Old Missouri Road Improvements 00500 (3) Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to the employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 6.5. CONTRACTOR is aware of the general nature of work to be performed by FAYETTEVILLE and others at the site that relates to the Work as indicated in the Contract Documents. 6.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 6.7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereofby ENGINEER is acceptable to CONTRACTOR and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ' Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between FAYETTEVILLE and CONTRACTOR concerning the Work consist of the following: 7.1. This Agreement (pages 1 to 6, inclusive). 7.2. Performance and Payment Bonds, (Exhibits A and B respectively). 7.3. Certificates of Insurance, (Exhibit C). 7.4. Documentation submitted by CONTRACTOR prior to Notice of Selection (Exhibit D). 7.5. General Conditions (pages I to 42, inclusive). 7.6. Supplementary Conditions (pages 1 to 15, inclusive). 7.7. Specifications consisting of Sections as listed in Table of Contents herein. 7.8. Addenda numbers _ to _, inclusive. I I 7.9. Drawings (not attached hereto) consisting of a cover sheet and sheets numbered I through 37, and CCXI to CCX5, inclusive with each sheet bearing the following general title: Old Missouri Road Improvements 00500 (4) 4 Old Missouri Road Improvements 7.10. The following which maybe delivered or issued after the Effective Date of the Agreement and are not attached hereto: 7.10.1. Notice to Proceed 7.10.2. All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.04 of the General Conditions. The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions. Article 8. MISCELLANEOUS. 8.1. Terms used in the Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect ofthis 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. FAYETTEVILLE and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. Old Missouri Road Improvements 00500 (5) IN WITNESS WHEREOF, FAYETTEVILLE and CONTRACTOR have signed this Agreement in six (6) counterparts. One counterpart each has been delivered to FAYETTEVILLE and ENGINEER, and two counterparts have been delivered to CONTRACTOR. All portions of the Contract Documents have been signed, initialed, or identified by FAYETTEVILLE and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on May 6, 2003 (which is the Effective Date of the Agreement). OWNER: City of Fayetteville By: Mayor [CORPORATE SEAL] Address for giving notices (If FAYETTEVILLE is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) CONTRACTOR: By: Title [CORPORATE SEAL] Attest Address for giving notices License No. Agent for service of process: (If CONTRACTOR is a corporation, attach evidence of authority to sign) Old Missouri Road Improvements 00500 (6) CITY OF FAYETTEVILLE OLD MISSOURI ROAD IMPROVEMENTS RID VERIFICATION ENGINEERS ESTIMATE MOBLEY ESTIMATED UNIT UNIT REM DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT SP.2J 7 Cacrec Paxen S.F. 550 1 15.00 S *250.00 310.50 15115.00 SPJ.5.1 2'PVC Conduct L.F. 25 S 1000 3 250.00 2549 3637.00 SP -4.5.1 Rclocition ofEkctnc School Crossing Sign EA. I S 700000 $ 200000 S18&.00 $488.00 5P44 City of Fayetteville- landowner Side Lalve and Additional Ulilly Coadinaeon L.S. I XXX 1 12,30000 XXX $11694.46 SP -R5. I Wood Rail Fcncc I.F. 375 S 15.00 S 3625.00 $X40 $3130.00 5P.9.51 Tree Presemtlon LS I XXX $ 1000000 XXX $2X6416 SP -10.3.I Concree Reaming Will with Tcxnred$mist, C.Y. 335 Sr 50000 $ 1610000 $594.69 S195R7I.15 SP.11.)2 Dcreeabk Warning Syvom S.F. 125 S 3000 $ 775000 $3200 $650000 SP. 12.5.14 6PVC AWWA C-900 DR -I4 Waterline L.F. 124 $ 22.50 S 279000 $44.11 15,544.04 SP -12.5.16 P' PVC AWWA C.900 DR -14 Waterline L.F. 3404 S 25.00 S &3100.00 137.33 $121011.32 SP- 12.5.Ic 6' M1 Waterlme Fittings IA. R00 1 5.00 S 4000.00 $2.31 $1114X.00 SP-I23.Id 8' M3 Wamrlmc Fittings LB 2.720 1 6.00 S 1632000 32.00 $5440.00 SP-I2.5.Ie X' Gate Valve end Box EA. II $ 15000 S 13150.00 $1,359.03 $14949.33 SP-12.5.if fire Nydnnt Aucruey EA 8 $ 215000 $ 2200000 $265145 $21,211.60 SP -12.5.14 R'x It Tappnsg Slece. Valve and Valves Box F.A. 2 $ 275000 S 350000 $245776 $4915.52 SP. 12.5.Ih 6'x 6' Tapping Skew. Valve and Valve Box F.A. 3 S 2,30000 S 1,500.00 $2392.07 3]17611 SR -12.5 Ii Standard Single W4ta Mein Swing and Correction to v wit in%'Nousc" Scrv¢c EA. 2 1 75000 $ 150000 $16(1971 $7219.41 SP- 12.5.Ij 1.5' Weer Meer Selling and Conntttkn locuving 'liousc' Service Line EA 2 $ 2000.00 S 400000 $21107.89 55615.76 SP-12.5.Ik Connect Exiting Wen Secvicc Line to Proposed Wea Mein CA X S 100000 $ X000.00 567.88 14,34304 SP.12.5.11 2' PVC Savke Uric and?" Bel Vew EA 1 1 2000.00 S 4.00000 111543 3).670X6 SP-12.5.Im Cut Cap Ex wing 6' Wata Main EA. 3 $ 100000 S 300000 29161 587492 SP.12.5. In Cul ark Cap Exiving X' Wecr Mein EA. 2 S 150000 S 300000 4329 3565&0 SPU6.I Renew and Relocaic Fence L.F. 400 $ 1500 S 6.00000 6.3 $252000 Ilan El -3.1 Site Prepeieton L.S. I XXX $ 14300000 XXX 5108 6600 Item E2AI Unclassified Excawtion LS I XXX 1 12500000 XXX $105658.60 Item F3Jt3 Undincul Etcawlian C.Y. 500 $ 2000 S 1000000 16.1$ S8013.00I Page I I i CITY OF FAYETTEVILLE OLD MISSOURI ROAD IMPROVEMENTS RID VERIFICATION ITEM DESCRIPTION UNIT ESTIMATED IIANTRY ENGINEERS ESTIMATE UNIT' PRICE. AMOUNT MOOLEY UNIT PRICE AMOUNT Item E2.3 Rock Eacmlion C.V. 100 S $000 $ 500000 754 17 ,54000 Item E4.5.1 Trench end Excavation Sercly System LS 1 XXX S 1500000 XXX SIX19.7J Ilcm PI 5 Is A98rcpIc Bete Course fa Roedtvry Impotcmemb (Class?) TON 3.500 S 1500 S 5150000 18.11 S),63000 Item P1.5.Ib Aupopte Bmw Coursc (or Sem'VT SCW(r Beckrill (Clau 7) TON 1.640 S 17.50 S 211,70000 17.54 32876560 Item P3.5 11 ACHM Surface Course TON 2.400 $ 4.30 S 102.000.00 3P 85 19l 40.00 Item PJ. S.Ib ACUM Bmdcr Course TON 890 $ 44.00 S ]972000 4041 f)3 6090 Item P3.5.1 Concrete Drivewys S.Y. 600 S 35.00 S 2100000 3J) 95 12071000 Itcm11.5.1 Muntameac o(Tnfc LS I XXX S 30000.00 XXX 136,31269 Item 1211 Concrete Dilctr Paving S Y. 155 S 4000 $ 6,200.00 $41 83 64RJ.65 Item ❑a. Is I X' Reinforced Concrete Pipe. Chu III L.F. 372 S 3500 S 2002000 538.67 33)55914 Item Ufi lb 24' Rnn(peed Concrete Pip:, Chu III LF. 39 $ 45.00 S 1,11000 S76 94 52 919.92 Item l3A. Ic 4XReinforced Cmvete Pp. Clan III LE P S 11500 $ 92000 3197.73 $151200 Rem I3fi.ld N't Jr Ellipterel Reinforced Concrete Pipe, Clete III LF. 136 S 110.00 S 149r-0.00 SSSAI £1 })3.16 Item 13A Ic II Reinforced Concrete Flared End Scenon EACH 7 S 65000 $ 155000 $462.75 13 ,239.25 Item l Jd.1 r 49' Runfotvcd Concrete Flared End $cation EACH 4 S 1400.00 $ 5600.00 It 48095 $3923.40 Item 134.11 24• Remroreed Concrete Flared End SeCtlm EACII I S 15000 S 15000 69769 697.M19 Item 3.6 II. 24' 1 38' Ellipl¢d Reinforced Cmrcrcic Flared End Swioo EACH 2 S 215000 $ 1,300.00 $100412 1200824 Item 14.5.1• 50' Precut Reinforced Concrete Box Cuhtt LF. 11 1 30000 $ 2160000 $NJ e5 $11557.20 Item 14.5.16 613' Rcc.H Reinforced Connac Dot Cuhen Li. 72 S 325.00 S 23,400.00 1111.18 122 404.96 Isom 14.5Jc 915' Rana Reinforced Concrete Box Cul.en LE 42 $ )1500 $ 15.75000 $435.41 $18,211.22 Item Pyfi.la 4'Curb Intel EA 22 S 2,800.00 S 61600.00 12,265.06 149931.32 Item P5-6. 16 S' Curb Inlet EA. I $ 7000.00 $ 300000 $2616.52 $2616.52 Item P5.6 It 4' Extension Flt. II S 90000 f 9,90000 73712 $A 11.91 Item P34.Id I'Estrnsion EA 7 $ 1,230.00 S 8750.00 1006.36 57044,52 Item 16.3 18 Adjust Manhole to Gradc EA I $ 500.00 $ 500.00 67843 679,43 Item I9.5.Ia Asphalt Pavenanl Repair S.V. 100 $ 7500 $ 150000 10661 $10661.00 Pap 2 CITY OF FAYETTEVILLE OLD MISSOURI ROAD IMPROVEMENTS BID VERIFICATION ESTIMATED Item I8.S.Ib Cmaree Pswmoclt Repair S.Y. 25 $ 85.00 S 2125.00 515 Item 1(5. Ic Temporary Pewmrnl Rcpan S.Y. 50 $ 3500 S 1,75000 NC Item 10.5.1 Guerdrnl (Type I) LE 50 S 10000 $ 5000.00 152 Ilan 110.4.11 BaAvd Wire Fence L.F. 535 S 8.00 S 4 8000 53 Item IIOJ.lb 6.R CMin Link Fence LF. 100 S 12.50 S 1.25000 31 Item111J1 Seeding ACRE 2 S 2.15000 $ 550000 S590! Item112.5.1 TemporaryErospn Connol L.S. I XXX S 1500.00 XXX 1lcmll1.1I Solid Sodding SV. 6.650 $ 800 S 51200.00 Item 116.5 Is Cmaec SdcWalk/Trail S V 3.500 S 3500 S 12250000 3 Itnn116.5.Ib conerete Stern EA 3 S 10000 3 300.00 47 Item 117.5.Ia Concrete Club and Ginter Li. 7100 S 11.50 3 3280000 Item il13.lb I0. Concrete Curb Li. 60 S 1500 $ 90000 Item IIR4.l Roadway Construction Control L.S. I XXX S 2500000 XXX Item II9d.I Mlilbos Relocation LS. I XXX S 500000 XXX IIcm TI -Sit TAermopbuie Pavement Marking L F 7.650 S 060 S 459000 31 er Yellow Item Tl-5.ib T6urnophste Pawmcnl Mocking LF. 550 S 060 3 33000 6- While Vern TI -5. Ic Th.. npbuic Plwnent Marking. LF 110 S 1400 S 154000 SI1 I8While . Slop Bar IIcm TI.5.Id TMrnopluiic Powmcnt Mocking L.F. 2.000 S 10.00 S 1000000 9- While - Crouolk Item TI-S.Ic TAcrmopbu¢ Pavement Mocking (Words) F.A 1 S 15000 S 45000 126 IIcm TI .5.11 Thernopbuic Pavement Mocking (Arrows) EA. 1 S 10000 S 700.00 521 ItemSI-4.I Wing Walls CV. 30 $ 31500 S 11,25000 556 Item M 1-5.1 TcmpararySidcwtR L.F. 2.300 S 500 1 11,50000 Item MI.5.2 TemswuySrny Forte L.F. 3150 $ 4.00 S 13000.00 $ Item M -1-.l Modular Block Retaining Wall SF 700 S 20.00 S 14000.00 II Item ML44.I Cold Milling AspMk Pavement S.Y. 500 3 10.00 S 500000 S1 Item M4.5.11 16' Steel Enelumml Pipe L.F. 105 S ❑500 S 1512500 U P1ge 3 CITY OF FA YE'FTE, V I LLE OLD MISSOURI ROAD IMPROVEMENTS BID VIERIFICATION ESTIMATED REM DESCRIPTION UNIT QUANTITY Item M4 -5.I b 24' Steel Eitcn,... Ai Pipc L.F. 72 Ilcm6453. I Pipe Emhdmcni CV 75 Item MAd.I Onlvanixd Sled l HarMnil L F. 300 Item ML4.1 Water for Dag Control GAL. 20.000 Rem UI A.1• In• PVC AWWA C905 DR.I M Si Sewer Pipe LF, 666 Item UI.9.IE IR• PVC AWWA COOS DR.I M SamuryScwcr Pipc L.F. 706 Item U69.Ic O'PVC SDR-21 SennerySewer Pipc L.F. 66 Item U2.5.1a $landed 61.D. SanitaryScw" Manbolc EA. 12 Item U2.5.lb Fapa Menhok Dcpm V.F. 30 Item 06.5.1 A6andn EAialiag Sanitary Scwcr Manhole F.A. 6 Item U1.3.l Relocate V Smdary Sc+cr Scrvkc EA. I Item UI.5.IA Relocate 6'Snilny Scwv Service EA. I Item UP.5.1 Utility Rock Exc"tim CV. 350 Item W24 I Valve or Meter Bon AdjuMcd to Grade EA. 3 Taal ENGINEERS ESTIMATE MOBLEY UNIT PRICE AMOUNT UNIT PRICE AMOUNT S 250.00 S 1000000 SI1662 S0196.M 45.00 S 3315.00 53003 12252.23 S 40.00 S 1100000 $39.17 $1175100 S 005 S 100000 1021 $440000 S 6500 $ 13,290.00 $504 133,59970 $ 1500 S 5295000 4112* $34.035M S 35.00 S 1 1000 6228 $414340 S 250000 S 3000000 11615.79 S20 10948 $ 300.00 S 9 000 00 5102 96 $3,4M.80 $ 2000.00 S 1700000 $541.11 SJ 3866 S 5000.00 S 500000 $1931.49 $193049 S 3 000.00 S 5,000.00 56,13249 $6 132.49 S 30.00 S 1150000 S116.13 $47645.50 S 150.00 S 1250% 549927 SI494.3I $ IA06.530.W S 1,44.402.11 Par 4 TO MOBLEY CONTRACTORS,. P.O. Box 150 952 Hwy. 28 MORRILTON, ARKANSAS 72110 TEL (501) 354-2510 FAX (501) 354-1862 City of Fayetteville 113 West Mountain tteville. Arkansas 72701 c G� /2z4 • (, .2-03 . WE ARE SENDING YOU [R Attached 0 Under separate cover via ❑ Shop drawings U Prints U Plans ❑ Copy of letter ❑ Change order U DATE 8-18- .\ , .� -,•... I ATTENTION .. :L.. U-. �. J. In. Old Missouri Road Improvements the following items: 0 Samples 0 Specifications COPIES DATE NO. I DESCRIPTION Insurance policy for the referenced project 2 THESE ARE TRANSMITTED as checked below: ❑ For approval LX For your use CX As requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS ❑ Approved as submitted C Approved as noted C Returned for corrections C ❑ Resubmit copies for approval Submit copies for distribution ❑ Return corrected prints U PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED: Margar'<t Genes, for If enclosures are not as noted, kindly notify us at once. Mob ley Contractors, Inc. rj COMMERCIAL INSURANCE COMMON POLICY DECLARATIONS Policy Number OCP 3994289-00 Renewal of Number NEW Named Insured and Mailing Address Producer and Mailing Address CITY OF FAYETTEVILLE THE CASHION COMPANY INC 113 WEST MOUNTAIN PO BOX 550 FAYETTEVILLE AR 72701 LITTLE ROCK AR 722030550 Producer Code 55548-000 Policy Period: Coverage begins 05-12-03 at 12:01 A.M.; Coverage ends 04-23-04 at 12:01 A.M The named Insured Is ❑ Individual ❑ Partnership X❑ Corporation ❑ Other: This insurance is provided by one or more of the stock insurance companies which are members of the Zurich -American Insurance Group. The company that provides coverage is designated on each Coverage Part Common Declarations. The company or companies providing this insurance may be referred to in this policy as *The Company, we, us, or our. The address of the companies of the Zurich -American Insurance Group are provided on the next page. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE(S): GENERAL LIABILITY COVERAGE PREMIUM $ 1,010.00 issued by AMERICAN ZURICH INSURANCE COMPANY THIS PREMIUM MAY BE SUBJECT TO AUDIT. TOTAL $ 1,010.00 This premium does not include Taxes and Surcharges. SEE INSTALLMENT SCHEDULE Taxes and Surcharges TOTAL $ The Form(s) and Endorsement(s) made a part of this policy at the oii ate Iisted,gfltbB,SCHEnULE of FORMS and ENDORSEMENTS. In llii IVIV IjvMl'AIVY. liNu Countersigned this day of BY THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART DECLARATIONS, COVERAGE PART FORM(S), FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. U -GU -D -310-A (01/93) INSURED COP, Page 1 01 I 0 Important Notice - In Witness Clause In return for the payment of premium and subject to all the terms of the policy, we agree with you to provide insurance as stated in this policy. This policy shall not he valid unless countersigned by the duly authorized Representative of the Com- pany. In Witness Whereof, this Company has executed and attested these presents and, where required by law, has caused this pol- icy to be countersigned by its duly authorized Representative. President Zurich American Insurance Company Corporate Secretary Zurich American Insurance Company QUESTIONS ABOUT YOUR INSURANCE? Your agent or broker is best equipped to provide information about your insurance. Should you require additional information or assistance in resolving a complaint, call or write to the following (please have your policy or claim number ready): Zurich North America Customer Inquiry Center 1400 American Lane Schaumburg, Illinois 60196-1056 1-800-382-2150 (Business Hours: 8 a.m. - 4 p.m. [CT[) wstRED LOVY U -GU -319-E (5/96) Page 1 of 1 r, n olicy Number OCP 3994289-00 SCHEDULE OF LOCATIONS AMERICAN ZURICH INSURANCE COMPANY Named Insured CITY OF FAYETTEVILLE Effective Date: 05-12-03 12:01 A.M., Standard Time Agent Name THE CASHION COMPANY INC Agent No. 55548-000 Loc. Bldg. Designated Locations Occupancy No. No. (Address, City, State, Zip Code) 001 113 WEST MOUNTAIN FAYETTEVILLE, AR 72701-0000 U -GU -618-A CW (10/02) INSTALLMENT PREMIUM SCHEDULE The total premium shown in the Declarations of this policy is made payable in installments, on the dates and in the amounts shown below. Failure to pay the Installment Premium by the Date Due shown shall constitute non-payment of premium for which we may cancel this policy. u•Guao6A (07/94) INSURED DaP. PAGE 1 OF 1 P5licy Number OCP 3994289-00 SCHEDULE OF FORMS AND AMERICAN ZURICH INSURANCE COMPANY Named Insured CITY OF FAYETTEVILLE Effective Date: 05-12-03 12:01 A.M., Standard Time Agent Name THE CASHION COMPANY INC Agent No. 55548-000 COMMON POLICY FORMS AND ENDORSEMENTS U -GU -D -310-A 01-93 COMMON POLICY DECLARATIONS U -GU -319-E 05-96 IN WITNESS CLAUSE U -GU -618-A CW 10-02 SCHEDULE OF LOCATIONS U -GU -406-A 07-94 INSTALLMENT PREMIUM SCHEDULE UGU619ACW 11-02 SCHEDULE OF FORMS AND ENDORSEMENTS IL 00 21 07-02 NUCLEAR ENERGY LIABILITY EXCLUSION ENDT IL 01 99 07-02 ARKANSAS CHANGES IL 00 03 07-02 CALCULATION OF PREMIUM UGU-630-A 11-02 DISCLOSURE NOTICE/TERROR RISK INS ACT GENERAL LIABILITY FORMS AND ENDORSEMENTS CG 00 63 12-02 WAR LIABILITY EXCLUSION U-GL-1046-A-CW 12-01 LIMITED FUNGUS EXCLUSION ENDORSEMENT U -GL -1113-A CW 10-02 COMM GENERAL LIABILITY COVERAGE SCHEDULE U-GL-2OO-B CW 12-01 ASBESTOS EXCLUSION ENDORSEMENT U -GL -495-A CW 01-93 OCP LIABILITY LOCATION SCHEDULE U -GL -D -1115-A CW 10-02 COMM GENERAL LIABILITY COVERAGE SUPP DEC U -GL -D -275-B CW 01-93 OWNERS CONTRACTORS PROTECTIVE LIAB DEC CG 00 09 10-01 OCP COVERAGE FORM -DESIGNATED CONTRACTOR CG 30 06 11-01 ARKANSAS CHANGES-CANC/NONRNL-UST CG 21 34 01-87 EXCL-DESIGNATED WORK CG 26 44 11-95 AR CHANGES - NON -BINDING ARBITRATION CG 29 23 11-01 ARKANSAS CHANGES U -GU -619-A CW (10/02) INSURED caw CD IL 00 21 07 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply: A. Under any Liability Coverage, to 'bodily injury' or property damage': (1) With respect to which an 'insuredunder the policy is also an insured under a nu- clear energy liability policy issued by Nu- clear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwrit- ers, Nuclear Insurance Association of Can- ada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of li- ability; or (2) Resulting from the 'hazardous properties' of 'nuclear material' and with respect to which (a) any person or organization is re- quired to maintain financial protection pur- suant to the Atomic Energy Act of 1954. or any law amendatory thereof, or (b) the 'in- sured' is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organi- zation. B. Under any Medical Payments coverage, to expenses incurred with respect to 'bodily in- jury resulting from the 'hazardous properties' of nuclear material' and arising out of the op- eration of a 'nuclear facility by any person or organization. C. Under any Liability Coverage, to bodily injury or 'property damage' resulting from hazardous properties' of nuclear material', if: (1) The nuclear material' (a) is at any 'nuclear facility owned by, or operated by or on be- half of, an 'insured' or (b) has been dis- charged or dispersed therefrom; (2) The nuclear material' is contained in 'spent fuel' or waste' at any time possessed, han- dled, used, processed, stored, transported or disposed of, by or on behalf of an in- sured'; or (3) The 'bodily injury or 'property damage' arises out of the furnishing by an 'insured' of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any 'nu- clear facility, but if such facility is located within the United States of America, its terri- tories or possessions or Canada, this ex- clusion (3) applies only to property dam- age' to such 'nuclear facility and any property thereat. IL 00 21 0702 © ISO Properties, Inc., 2001 Page 1 of 2 INSURED COPY 2. As used in this endorsement: •'Hazardous propertiesincludes radioactive, toxic or explosive properties. 'Nuclear material' means source material', 'Special nuclear material' or by-product material'. 'Source material', 'special nuclear material', and 'by-product material' have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. 'Spent fuel' means any fuel element or fuel com- ponent, solid or liquid, which has been used or exposed to radiation in a'nuclear reactor'. 'Waste' means any waste material (a) containing 'by-product material' other than the tailings or wastes produced by the extraction or concentra- tion of uranium or thorium from any ore processed primarily for its source material' content, and (b) resulting from the operation by any person or or- ganization of any nuclear facility' included under the first two paragraphs of the definition of nu- clear facility'. 'Nuclear facility means: (a) Any'nuclear reactor'; (b) Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing 'spent fuel', or (3) handling, processing or packaging waste'; Page 2 of 2 (c) Any equipment or device used for the proc- essing, fabricating or alloying of special nuclear material' if at any time the total amount of such material in the custody of the 'insured' at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto- nium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (d) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste'; and includes the site on which any of the forego- ing is located, all operations conducted on such site and all premises used for such operations. 'Nuclear reactor' means any apparatus designed or used to sustain nuclear fission in a self- supporting chain reaction or to contain a critical mass of fissionable material. 'Property damage' includes all forms of radioactive contamination of property. ® ISO Properties, Inc., 2001 IL 00 21 07 02 INSURED CDR+ I IL01990702 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARKANSAS CHANGES - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART FARM LIABILITY COVERAGE FORM FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: We will be entitled to recovery only after the insured ('insureds has been fully compensated for the loss or damage sustained, including expenses incurred in obtaining full compensation for the loss or damage. IL 01 99 07 02 © ISO Prq,L&Jpc., 2001 Page 1 of 1 1100030702 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE PART CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT -RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following is added: The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued. On each renewal, continuation, or anniversary of the effective date of this policy, we will compute the premium in accordance with our rates and rules then in effect. IL 00 03 07 02 ® ISO Properties, Inc., 2001 Page 1 of 1 INSURED COPY IMPORTANT DISCLOSI E NOTICE REGARDING* 0 TERRORISM RISK INSURANCE ACT ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR POLICY We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this policy is 1% OF YOUR OCP PREMIUM. This amount is reflected in the total premium for this policy. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after an insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: I. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your policy or affect your rights under the policy. Copyright Zurich American Insurance Company 2002 U -GU -630-A (11/02) COMMERCIAL GENERAL LIABILITY CG 00 63 12 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAR LIABILITY EXCLUSION This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The War Exclusion under Paragraph 2., Exclusions of Section I — Bodily Injury And Property Damage Liabil- ity is replaced by the following: 2. Exclusions This insurance does not apply to: WAR 'Bodily Injury' or 'property damage', however caused, arising, directly or indirectly, out of: a. War, including undeclared or civil war; or b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any govern- ment, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental au- thority in hindering or defending against any of these. CG 0063 12 02 ® ISO Properties, Inc., 2002 Page 1 of 1 WSURED COPY Limited Fungus Exclusion Endorsement Policy No. Eff. Date of PoL Exp. Date of Pot Err. Date of End. Producer Add'L Prttn Return Prem. $ $ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part Products/Completed Operations Liability Coverage Part This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" caused directly or in- directly by: 1. Any 'fungus(i) " or "spore(s)", or 2. Any substance, vapor or gas produced by or arising out of any "fungus(i)" or "sporc(s)". For the purposes of this exclusion, the following definitions arc added: 1. "Fungus(i)" includes, but is not limited to: a. any form or type of mold, mushroom or mildew; b. any other fungal structure; and c. any volatile organic compounds, mycotoxins, allergenic proteins or other substances or gases produced by or arising out of any mold, mushroom, mildew, fungal structure or "spore(s)". 2. "Spore(s)" means any reproductive body produced by or arising out of any "fungus(i)". U•GLIOS.A CW (12/01) Putt I of I Includes copyrighted material of Insurance Services Office, Inc. with its permission. INSURED COP' Policy Number OCP 3994289-00 COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE AMERICAN ZURICH INSURANCE COMPANY Named Insured CITY OF FAYE[TEt/ILLE Effective Date: 05-12-03 12:01 A.M., Standard Time Agent Name THE CASHION COMPANY INC Agent No, 55548-000 Item 5. Location of Premises Location of All Premises You Own, Rent or Occupy: See Schecule of Locations Code No. 16292 Premium Basis PER 1,000 OF TOTAL COST Premises/Operations Location 001 Exposure $ 1,800,000 Rate .068 OVERM1stIMIL Premium ON 1,000 MP Classification: CONSTRUCTION OPERATIONS - OWNER (NOT RAILROADS) - EXCLUDING OPERATIONS ON BOARD SHIPS. Products/Completed Operations Rate Premium EXCLUDED Code No. Premium Basis Premises/Operations Location Exposure Rate Premium Classification: Products/Completed Operations Rate Premium Code No. Premium Basis Premises/Operations Location Exposure Rate Premium Classification: Products/Completed Operations Rate Premium Code No. Premium Basis Premises/Operations Location Exposure Rate Premium Classification: Products/Completed Operations Rate Premium U -GL -1113-A CW (10102) • Asbestos Exclusion Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 1` r ,�rMri.ToA Address (including ZIP Code) This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part Products/Completed Operations Coverage Part It is agreed that the following exclusion is added to the policy: This insurance does not apply to any obligation of ours: A. To investigate, settle or defend any claim or "suit" against any insured alleging actual or threatened injury or damage of any nature or kind including loss of use to persons or property, which arises out of or would not have occurred but for: (1) Exposure to asbestos; or (2) Manifestation of any disease relating to the exposure to asbestos; during the policy period or at any time prior to the policy period; B. To pay, contribute, or indemnify another for any injury or damage resulting in judgments, settlements, loss, cost, or ex- penses awarded or incurred that: (1) Arises out of any such claim or "suit"; or (2) Arises due to compliance with any action authorized by law relating to such injury or damage. Countersigned Authorized Representative U -GL -200-B CW (12/01) INSURED COPY Par I or 1 • Policy Number OCP 3994289-00 OWNERS AND CONTRACTORS PROTECTIVE LIARII ITY I nrdrinrd crrurni n o U-GL<5SA OW (01/53) Page 1 Las; page a Policy Number OCP 3994289-00 COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL DECLARATIONS AMERICAN ZURICH INSURANCE COMPANY Named Insured CITY OF FAYETTEVILLE Effective Date: 05-12-03 12:01 A.M., Standard Time Agent Name THE CASHION COMPANY INC Agent No. 55548-000 Item 1. Business Description: OWNERS & CONTRACTORS PROC Item 2. Limits of Insurance Coverage Limit of Liability Aggregate Limits of Liability Products/Completed NOT COVERED Operations Aggregate General Aggregate (other than $ 2,000,000 Products/Completed Operations) Coverage A - Bodily Injury and any one occurrence subject to Property Damage Liability the Products/Completed Operations and General $ 1,000,000 Aggregate Limits of Liability any one premises subject to the Damage To Premises Coverage A occurrence and the Rented To You General Aggregate Limits of NOT COVERED Liability Coverage B - Personal and any one person or organization Advertising Injury subject to the General Aggregate Liability NOT COVERED Limits of Liability Coverage C- Medical Payments any one person subject to the Coverage A occurrence and the General Aggregate Limits of NOT COVERED Liability Item 3. Retroactive Date This Insurance does not apply to bodily injury', property damage' or personal and advertising injury which occurs before the Retroactive Date, it any, shown here: NONE (Enter Date or None if no Retroactive Date applies) Item 4. Form of Business and Location of Premises Forms of Business: CORPORATION Location of All Premises You Own, Rent or Occupy: See Schedule of Locations Item 5. Forms and Endorsements Form(s) and Endorsement(s) made a part of this policy at time of issue: See Schedule of Forms and Endorsements Item 6. Premiums Coverage Part Premium: $ 1,000.00 Other Premium: $ 10.00 Total Premium: $ 1,010.00 THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD. U -GL -D -1115-A CW (10/02) INSURED COr'V 0 OWNERS AND CONTRACTORS PROTECTIVE LIABILITY DECLARATIONS Insurance for this coverage pan provided by: AMERICAN ZURICH INSURANCE COMPANY OCCURRENCE COVERAGE Policy Number OCP 3994289-00 This policy provides only the coverage for which a Limit of Insurance is shown on these Declarations, and for which a Coverage Form is made a part of this policy, except as specifically excluded. OCP Liability Premium Audit Period: ANNUAL Limits of Insurance Aggregate Limit $ 2,000,000 Each Occurrence Limit $ 1,000,000 Contractor and Mailing Address: MOBLEY CONTRACTORS, INC. 705 HATCHER SPRINGDALE, AR 72764 U-GL•D275-B CW (01/93) PAGE t OF t R450 cav+ r COMMERCIAL GENERAL LIABILITY CG 00 09 10 01 OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM - COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR Various provisions of this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words youand 'your' refer to the Named Insured shown in the Declarations. The words we', use and our' refer to the Company providing this insurance. The word 'insured' means any person or organization qualifying as such under Section II — Who Is An In- sured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I -COVERAGES BODILY INJURY AND PROPERTY DAMAGE UABIUTY 1. Insuring Agreement a. We will pay those sums that the insured be- comes legally obligated to pay as damages be- cause of bodily injury' or property damage' to which this insurance applies. We will have the right and duty to defend the insured against any *suit' seeking those damages. However, we will have no duty to defend the insured against any'suit' seeking damages for bodily injury or 'property damage' to which this insurance does not apply. We may, at our discretion, in- vestigate any occurrence' and settle any claim or suit' that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insur- ance in the payment of judgments or set- tlements. No other obligation or liability to pay sums or perform acts or services is covered unless ex- plicitly provided for under Supplementary Pay- ments. b. This insurance applies to 'bodily injury and 'property damage' only it: (1) The 'bodily injury' or 'property damage' is caused by an occurrence' and arises out of: (a) Operations performed for you by the 'contractor' at the location specified in the Declarations; or (b) Your acts or omissions in connection with the general supervision of such op- erations; (2) The 'bodily injury or property damage' occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II — Who Is An Insured and no employee' authorized by you to give or receive notice of an oc- currence' or claim, knew that the bodily in- jury or property damage' had occurred, in whole or in part. If such a listed insured or authorized employee' knew, prior to the policy period, that the bodily injury or 'property damage' occurred, then any con- tinuation, change or resumption of such 'bodily injury' or property damage' during or after the policy period will be deemed to have been known prior to the policy period. c. 'Bodily injury or 'property damage' which occurs during the policy period and was not, prior to the policy period, known to have oc- curred by any insured listed under Paragraph 1. of Section II — Who Is An Insured or any 'employee' authorized by you to give or receive notice of an occurrence' or claim, includes any continuation, change or resumption of that 'bodily injury or 'property damage' after the end of the policy period. CG 00 09 10 01 © ISO Properties, Inc., 2000 Page 1 of 9 WSUFED cow Li d. 'Bodily injury* or property damage' will be deemed to have been known to have occurred at the earliest time when any insured listed un- der Paragraph 1. of Section II — Who Is An In- sured or any 'employee' authorized by you to give or receive notice of an 'occurrence' or claim: (1) Reports all, or any part, of the 'bodily injury' or 'property damage" to us or any other in- surer; (2) Receives a written or verbal demand or claim for damages because of the 'bodily in- jury or 'property damage"; or (3) Becomes aware by any other means that 'bodily Injury or 'property damage' has oc- curred or has begun to occur. e. Damages because of 'bodily injury include damages claimed by any person or organiza- tion for care, loss of services or death resulting at any time from the 'bodily injury. 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury Bodily injury or 'property damage' expected or intended from the standpoint of the insured. This exclusion does not apply to 'bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability 'Bodily injury or 'property damagefor which the insured is obligated to pay damages by reason of the assumption of liability in a con- tract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an 'insured contract", provided the 'bodily injury or 'property damage' occurs subse- quent to the execution of the contract or agreement. Solely for the purposes of liabil- ity assumed in an 'insured contract', rea- sonable attorney fees and necessary litiga- tion expenses incurred by or for a party other than an Insured are deemed to be damages because of 'bodily injury or 'property damage', provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same 'insured contract'; and (b) Such attorney fees and litigation ex- penses are for defense of that party against a civil or alternative dispute reso- lution proceeding in which damages to which this insurance applies are alleged. c. Work Completed Or Put To Intended Use 'Bodily injury or 'property damage' which oc- curs after the earlier of the following times: (1) When all work' on the project (other than service, maintenance or repairs) to be per- formed for you by the contractor at the site of the covered operations has been completed; or (2) When that portion of the 'contractor's' 'work', out of which the injury or damage arises, has been put to Its intended use by any person or organization, other than an- other contractor or subcontractor working directly or indirectly for the 'contractor or as part of the same project. d. Acts Or Omissions By You And Your Employees 'Bodily injury or 'property damage' arising out of your, or your 'employees', acts or omissions other than general supervision of 'work' per- formed for you by the 'contractor'. e. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemploy- ment compensation law or any similar law. I. Employer's Liability 'Bodily injury to: (1) An 'employee' of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that employee' as a consequence of Paragraph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay dam- ages because of the injury. This exclusion does not apply to liability as- sumed by the insured under an 'insured con- tract'. Page 2 of 9 ® ISO Properties, Inc., 2000 CG 00 09 1001 INSUF ED COPY C I g. Damage To Property 'Property damage' to: (1) Property you own, rent, or occupy, includ- ing any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, res- toration or maintenance of such property for any reason, Including prevention of in- jury to a person or damage to another's property; (2) Property loaned to you; (3) Personal property in the care, custody or control of the insured; or (4) Work' performed for you by the 'contrac- tor'. h. War 'Bodily injury or property damage' due to war, whether or not declared, or any act or condi- tion incident to war. War includes civil war, in- surrection, rebellion or revolution. This exclu- sion applies only to: (1) Liability assumed under an 'insured con- tract'; or (2) Expenses for first aid. i. Mobile Equipment 'Bodily injury or 'property damage' arising out of the use of 'mobile equipment' in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. I. PoQution (1) 'Bodily Injury or 'property damage' arising out of the actual, alleged or threatened dis- charge, dispersal, seepage, migration, re- lease or escape of 'pollutants': (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (I) 'Bodily injury if sustained within a building and caused by smoke, fumes, vapor or soot from equipment used to heat that building; (ii) 'Bodily injury or 'property damage' arising out of heat, smoke or fumes from a 'hostile fire'; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the han- dling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time trans- ported, handled, stored, treated, dis- posed of, or processed as waste by or for: (I) Any Insured; or (ii) Any person or organization for whom you may be legally responsi- ble: or (d) At or from any premises, she or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the 'pollutants' are brought on or to the premises, site or location in connection with such op- erations by such insured, contractor or subcontractor. However, this subpara- graph does not apply to: (i) 'Bodily Injury or 'property damage' arising out of the escape of fuels, lu- bricants or other operating fluids which are needed to perform the normal electrical, hydraulic or me- chanical functions necessary for the operation of 'mobile equipment' or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the 'bodily injury or 'property damage' arises out of the intentional discharge, dispersal or re- lease of the fuels, lubricants or other operating fluids, or if such fuels, lu- bricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being per- formed by such insured, contractor or subcontractor; (ii) 'Bodily Injury or 'property damage' sustained within a building and caused by the release of gases, fumes or vapors from materials brought Into that building in connec- tion with operations being performed by or on behalf of any insured; or (iii) 'Bodily injury or 'property damage' arising out of heat, smoke or fumes from a 'hostile fire'. CG 00 09 10 01 ® ISO Properties, Inc., 2000 Page 3 of 9 INSURED caw (e) At or from any premises, site or location c. The cost of bonds to release attachments, but on which any insured or any contractors only for bond amounts within the applicable or subcontractors working directly or limit of insurance. We do not have to furnish indirectly on any insured's behalf are these bonds. performing operations if the operations d. All reasonable expenses incurred by the in - are to test for, monitor, clean up, re- sured at our request to assist us in the investi- move, contain, treat, detoxify or neutral- gation or defense of the claim or 'suit', includ- ize, or in any way respond to, or assess ing actual loss of earnings up to $250 a day the effects of 'pollutants'. because of time off from work. (2) Any loss, cost or expense arising out of e. All costs taxed against the insured in the 'suit'. any: Request, demand, order or statutory or I. Prejudgment interest awarded against the in- (a)regulatory requirement that any insured sumakeed on that part of the judgment we pay. If or others test for, monitor, clean up, re- we offer to pay the applicable limit n - move, contain, treat, detoxify or neutral- insurance, dwwill not pay any prejudgment ofin- ize, or in any way respond to, or assess terest based on that period of time after the of - the effects of 'pollutants'; or fer. (b) Claim or suit by or on behalf of a gay- g- All interest on the full amount of any judgment authority for damages be- that accrues after entry of the judgment and be- ernmentalfore we have paid, offered to pay, or deposited cause of testing for, monitoring, clean- ing up, removing, containing, treating, in applicable the part off in the ur nment that is within detoxifying or neutralizing, or in any way the applicable limit of insurance. responding to, or assessing the effects h. Expenses incurred by the insured for first aid of 'pollutants'. administered to others at the time of an acci- dent, for 'bodily injury' to which this insurance However, this paragraph does not apply to liability for damages because of 'property applies. damage' that the insured would have in the These payments will not reduce the limits of insur- absence of such request, demand, order or ance. statutory or regulatory requirement, or such 2. If we defend an insured against a 'suit' and an claim or suit' by or on behalf of a govern- indemnitee of the insured is also named as a party mental authority, to the 'suit', we will defend that Indemnitee if all of k. Damage To Impaired Property Or Property Not the following conditions are met: Physically Injured a. The 'suit' against the indemnitee seeks dam - 'Property damage' to 'impaired property' or ages for which the insured has assumed the Ii - property that has not been physically injured, ability of the indemnitee in a contract or agree - arising out of: ment that is an 'insured contract'; (1) A defect, deficiency, inadequacy or danger- b. This insurance applies to such liability assumed ous condition in work' performed for you by the insured: by the 'contractor'; or c. The obligation to defend, or the cost of the (2) A delay or failure by you or anyone acting defense of, that indemnitee, has also been as - on your behalf to perform a contract or sumed by the insured In the same 'insured agreement in accordance with its terms. contract'; This exclusion does not apply to the loss of d. The allegations in the 'suitand the information use of other property arising out of sudden we know about the 'occurrence' are such that and accidental physical injury to 'Work' per- no conflict appears to exist between the inter - formed for you by the contractor'. ests of the insured and the interests of the in - SUPPLEMENTARY PAYMENTS demnitee; e. The indemnitee and the insured ask us to con - 1. We will pay, with respect to any claim we investi- duct and control the defense of that indemnitee gate or settle, or any suit' against an insured we against such 'suit' and agree that we can as - defend: sign the same counsel to defend the insured a. All expenses we incur, and the indemnitee; and b. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which this insurance applies. We do not have to fur- nish these bonds. Page 4 of 9 © ISO Properties, Inc., 2000 CG 00 09 10 01 INSURED C I. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the'suft'; (b) Immediately send us copies of any de- mands, notices, summonses or legal papers received in connection with the 'suit'; (c) Notify any other insurer whose coverage is available to the indemnitee: and (d) Cooperate with us with respect to coor- dinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the 'suit'; and (b) Conduct and control the defense of the indemnitee in such 'suit'. So long as the above conditions are met, attorneys fees incurred by us in the defense of that indemni- tee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supple- mentary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverages — Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for 'bodily injury' and 'property damage' and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys fees and necessary litiga- tion expenses as Supplementary Payments ends when: a. We have used up the applicable limit of insur- ance in the payment of judgments or settle- ments; or b. The conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II -WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are in- sureds. b. A partnership or joint venture, you are an in- sured. Your members, your partners, and their spouses are also insureds, but only with re- spect to their duties as partners or members of a joint venture. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to their duties as members of a limited liability company. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your 'executive officers' and directors are insureds, but only with respect to their du- ties as your officers or directors. Your stock- holders are also insureds, but only with respect to their liability as stockholders. 2. Each of the following is also an insured: a. Any person (other than your employee') or any organization while acting as your real es- tate manager. b. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. c. Your legal representative if you die, but only with respect to duties as such. That representa- tive will have all your rights and duties under this Coverage Part. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III -LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay re- gardless of the number of: a. Insureds; b. Claims made or suits' brought; or c. Persons or organizations making claims or bringing 'suits'. 2. The Aggregate Limit is the most we will pay for the sum of damages because of all 'bodily injury and 'property damage'. 3. Subject to 2. above, the Each Occurrence Limit is the most we will pay for the sum of damages be- cause of all 'bodily injury and 'property damage' arising out of any one 'occurrence'. If you designate more than one project in the Declara- tions, the Aggregate Limit shall apply separately to each project. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. CG 00 09 10 01 © ISO Properties, Inc., 2000 INSURED COPY Page 5 of 9 • L SECTION IV -CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obliga- tions under this Coverage Part. 2. Cancellation a. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or deliv- ering to us advance written notice of cancella- tion. b. We may cancel this policy by mailing or deliver- ing to the first Named Insured and the'contrac- torwritten notice of cancellation at least: (1) 10 days before the effective date of cancella- tion if we cancel for non-payment of pre- mium; or (2) 30 days before the effective date of cancella- tion if we cancel for any other reason. c. We will mail or deliver our notices to the first Named Insured's and the 'contractor's' last mailing address known to us. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e. If this policy is cancelled, we will send the'con- tractor' any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. f. If notice is mailed, proof of mailing will be suffi- cient proof of notice. 3. Changes This policy contains all the agreements between you, the contractor' and us concerning the insur- ance afforded. The first Named Insured shown in the Declarations and the contractor' are author- ized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. 4. Duties In The Event Of Occurrence, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence' which may result in a claim. To the extent possible, notice should include: (1) How, when and where the occurrence' took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the 'occurrence'. b. If a claim is made or 'suit' is brought against any insured, you must: (1) Immediately record the specifics of the claim or suit' and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or'suit' as soon as practicable. C. You and any other involved insured must: (1) Immediately send us copies of any de- mands, notices, summonses or legal papers received in connection with the claim or 'suit'; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the'suit': and (4) Assist us, upon our request, in the en- forcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 5. Examination Of Your Books And Records We may examine and audit your books and rec- ords as well as the contractor's' books and rec- ords as they relate to this policy at any time during the policy period and up to three years afterward. 6. Inspections And Surveys a. We have the right to: (1) Make inspections and surveys at any time; (2) Give you reports on the conditions we find; and (3) Recommend changes. b. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not war- rant that conditions: (1) Are safe or healthful; or (2) Comply with laws, regulations, codes or standards. Page 6 of 9 ® ISO Properties, Inc., 2000 CG 00 09 10 01 inSURED cow c. Paragraphs a. and b. of this condition apply nQt only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. d. Paragraph b. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure vessels or elevators. 7. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a'suit' asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the ap- plicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claim- ant's legal representative. e. Other Insurance The Insurance afforded by this Coverage Part is primary insurance and we will not seek contribu- tion from any other insurance available to you un- less the other insurance is provided by a contrac- tor other than the designated contractorfor the same operation and job location designated in the Declarations. Then we will share with that other in- surance by the method described below. If all of the other insurance permits contribution by equal shares, we will follow this method also. Un- der this approach, each insurer contributes equal amounts until it has paid its applicable limit of in- surance or none of the loss remains, whichever comes first. If any of the other insurance does not permit con- tribution by equal shares, we will contribute by lim- its. Under this method, each insurer's share is based on the ratio of its applicable limit of insur- ance to the total applicable limits of insurance of all insurers. 9. Premiums The contractor: a. Is responsible for the payment of all premiums; and 10. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as ad- vance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the contractor'. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned pre- mium, we will return the excess to the'contrac- tor'. c. The 'contractor' must keep records of the information we need for premium computation, and send us copies at such times as we may request. 11. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this in- surance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or 'suit' is brought. 12. Transfer Of Rights O1 Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring 'suit' or transfer those rights to us and help us enforce them. 13. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expi- ration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V - DEFINITIONS 1. 'Auto' means a land motor vehicle, trailer or semi- trailer designed for travel on public roads, includ- ing any attached machinery or equipment. But 'auto' does not include 'mobile equipment'. 2. 'Bodily injury' means bodily injury, sickness or disease sustained by a person, including death re- sulting from any of these at any time. b. Will be the payee for any return premiums we pay. CG 00 09 10 01 ® ISO Properties, Inc., 2000 Page 7 of 9 INSURED COPY 3. Contractormeans the contractor designated in the Declarations. 4. Employee' includes a leased worker'. 'Employee' does not include a 'temporary worker'. 5. 'Executive officer means a person holding any of the officer positions created by your charter, con- stitution, by-laws or any other similar governing document. 6. Hostile fire' means one which becomes uncontrol- lable or breaks out from where it was intended to be. 7. 'Impaired property' means tangible property, other than work performed for you, that cannot be used or is less useful because: a. It incorporates work performed for you that is known or thought to be defective, deficient, in- adequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of the work performed for you; or b. Your fulfilling the terms of the contract or agreement. 8. 'Insured contract' means: a. A lease of premises; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition op- erations on or within 50 feet of a railroad: d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; or e. An elevator maintenance agreement. 9. Leased worker' means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. Leased worker' does not include a'temporary worker'. 10. Mobile equipment' means any of the following types of land vehicles, including any attached ma- chinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, main- tained primarily to provide mobility to perma- nently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equip- ment such as graders, scrapers or rollers; e. Vehicles not described in a., b., C. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently at- tached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; I. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the fol- lowing types of permanently attached equip- ment are not 'mobile equipment' but will be considered autos': (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting and well servicing equipment. 11.'Occurrence' means an accident, including con- tinuous or repeated exposure to substantially the same general harmful conditions. 12. Pollutants mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, re- conditioned or reclaimed. 13. Property damage' means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or Page 8 of 9 ® ISO Properties, Inc., 2000 WR1�L'Tgvxvo l CG 00091001 • b. Lass of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence' that caused it. For the purposes of this insurance, electronic data is not tangible property. As used in this definition, electronic data means in- formation, facts or programs stored as or on, cre- ated or used on, or transmitted to or from, com- puter software, Including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 14. 'Suit' means a civil proceeding, brought in the United States of America (including its territories and possessions), Puerto Rico or Canada, in which damages because of 'bodily Injury' or 'property damage' to which this insurance applies are alleged. Suit' Includes: a. An arbitration proceeding in which such dam- ages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution pro- ceeding in which such damages are claimed and to which the insured submits with our consent. 15. Temporary worker' means a person who is fur- nished to you to substitute for a permanent em- ployee' on leave or to meet seasonal or short-term workload conditions. 16. Work includes materials, parts or equipment furnished in connection with the operations. CG 00 09 10 01 © ISO Properties, Inc., 2000 Page 9 of 9 INSURED COPY COMMERCIAL GENERAL LIABILITY CG 30 06 1101 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARKANSAS CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: UNDERGROUND STORAGE TANK POLICY A. Condition 10. Cancellation of Section IV — Condi- (d) Violation of any local fire, health, tions is replaced by the following: safety, building or construction regu- 10. Cancellation lation or ordinance with respect to any insured property or its occu- a. The first Named Insured may cancel this Y pancy which substantially Increases policy by mailing or delivering to us ad- any hazard insured against under the vance written notice of cancellation, policy; b. If this policy has been in effect 60 days or (e) Nonpayment of membership dues in less, we may cancel this policy by sending those cases where our by-laws, by certified mail, or delivering, to you a writ- agreements or other legal instru- ten notice at your last mailing address ments require payment as a condi- known to us. tion of the issuance and maintenance Cancellation will be effective: of the policy; or (1) 10 days after you receive notice of can- (I) A material violation of a material cellation if we cancel for nonpayment of provision of the policy; and premium, fraud or material misrepresen- (2) By sending by certified mail, or deliver- tation by you: or ing, to you and any lienholder or loss (2) 60 days after you receive notice of can- payee named in the policy, a written no- cellation if we cancel for any other rea- tice, stating the reason(s) for cancella- son, tion, at the last mailing addresses known unless we specify a later date in our notice to us. as the effective date of cancellation. Cancellation will be effective: c. If this policy has been in effect more than 60 (a) 10 days after you receive notice of days, or is a renewal policy, we may cancel: cancellation if we cancel for nonpay- (1) Only for one or more of the following ment of premium; reasons: (b) 20 days after you receive notice of (a) Nonpayment of premium; cancellation if we cancel for fraud or material misrepresentation by you; or (b) Fraud or material misrepresentation (c) 60 days after you receive notice of made by you or with your knowledge cancellation if we cancel for any in obtaining the policy, continuing other permissible reason, the policy or in presenting a claim under the policy; unless we specify a later date in our no - (c) The occurrence of a material change tice as the effective date of cancellation. in the risk which substantially in- creases any hazard insured against after policy issuance; CG 30 06 1101 O ISO Properties, Inc., 2001 Page I of 2 INSURED COPY n d. With respect to premium refunds: '(1) If this policy is cancelled, we will send the first Named Insured any premium re• fund due. (2) We will refund the pro rata unearned premium if the policy is: (a) Cancelled by us or at our request; (b) Cancelled but rewritten with us or in our company group; (c) Cancelled because you no longer have an insurable interest in the property or business operation that is the subject of this insurance; or (d) Cancelled after the first year of a prepaid policy that was written for a term of more than one year. (3) If this policy is cancelled at the request of the first Named Insured, other than a cancellation described in (2)(b), (c) or (d) above, we will refund 90% of the pro rata unearned premium. However, the refund will be less than 90% of the pro rata unearned premium if the refund of such amount would reduce the premium retained by us to an amount less than the minimum premium for this policy. (4) The cancellation will be effective even if we have not made or offered a refund. (5) If the first Named Insured cancels the policy, we will retain no less than $100 of the premium. B. Condition 11. Nonrenewal of Section IV — Condi- tions Is replaced by the following: 11. Nonrenewal If we decide not to renew this policy, we will send written notice of nonrenewal to you at least 60 days before: a. Its expiration date; or b. Its anniversary date, If it is a policy written for a term of more than one year and with no fixed expiration date. However, we are not required to send this no- tice If nonrenewal is due to your failure to pay any premium required for renewal. 2. We will send our nonrenewal notice by certified mail, or deliver it, to you at your last mailing address known to us. Page 2 of 2 © ISO Properties, Inc., 2001 CG 30 06 1101 INSURED COPY POLICY NUMBER: OCP 3994289-00 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - DESIGNATED WORK This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Description of your work: 1. The design, manufacture, construction, fabrication, preparation, installation, application, maintenance or repair, including remodel- ing, service, correction, or replacement, of an "exterior insulation and finish system" (commonly referred to as synthetic stucco) or any part thereof, or any substantially similar system or any part thereof, including the application or use of conditioners, primers, accessories, flashings, coatings, caulkings or sealants in connec- tion with such a system. 2. Any work or operations with respect to any exterior component, fixture or feature of any structure if an "exterior insulation and finish system" is used on any part of that structure. This exclusion applies to "your work" described in Paragraph 1. or Paragraph 2. above performed by you or on your behalf. For the purposes of this endorsement, an "exterior insulation and finish system" means an exterior cladding or finish system used on any part of any structure, and consisting of: a) a rigid or semi -rigid insulation board made of expanded polystyrene or other materials, and b) the adhesive and/or mechanical fasteners used to attach the insulation board to the substrate, and c) a reinforced base coat, and d) a finish coat providing surface texture and color. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) This insurance does not apply to bodily injury or 'property damageincluded in the products -completed opera- tions hazard' and arising out of 'your work' shown in the Schedule. CG 21 34 01 87 Copyright, Insurance Services Office, Inc., 1986 Page 1 of 1 O INSURED LOT' • OMMERCIAL GENERAL LIABILITY CG 26 44 1195 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ CAREFULLY. ARKANSAS CHANGES - NON -BINDING ARBITRATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTION LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY If we and the insured do not agree whether cover- age is provided under this Coverage Part or Policy for a claim made against the insured, both parties may, by mutual consent, agree in writing to arbi- tration of the disagreement. If both parties agree to arbitrate, each party will se- lect an arbitrator. The two arbitrators will select a third. If they cannot agree within 30 days, both par- ties must request that selection be made by a judge of a court having jurisdiction. Each party will: 1. Pay the expenses it incurs; and 2. Bear the expenses of the third arbitrator equally. Unless both parties agree otherwise, arbitration will take place in the county or parish in which the ad- dress shown in the Declarations is located. Local rules of law as to procedure and evidence will ap- ply. Any decision agreed to by the arbitrators may e appealed to a court of competent jurisdiction. CG 26 44 11 95 Copyright, Insurance Services Office, Inc., 1995 Page l of l ❑ COMMERCIAL GENERAL LIABILITY CG 29 23 11 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARKANSAS CHANGES This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART A. Paragraph e. of the Cancellation Condition is re- placed by the following: e. (1) If this policy is cancelled, we will send the 'contractor' any premium refund due. (2) We will refund the pro rata unearned pre- mium if the policy is: (a) Cancelled by us or at our request; (b) Cancelled but rewritten with us or in our company group; (c) Cancelled because you no longer have an insurable interest in the property or business operation that is the subject of this insurance; or (d) Cancelled after the first year of a prepaid policy that was written for a term of more than one year. (3) If the policy is cancelled at the request of the first Named Insured or the 'contractor', other than a cancellation described in (2) (b), (c) or (d) above, we will refund 90% of the pro rata unearned premium. However, the refund will be less than 90% of the pro rata unearned premium if the refund of such amount would reduce the premium retained by us to an amount less than the minimum premium for this policy. (4) The cancellation will be effective even if we have not made or offered a refund. (5) If the first Named Insured or the contrac- torcancels this policy, we will retain the minimum premium shown in the Schedule. B. The following is added to the Cancellation Condi- tion (Section IV): g. Cancellation of Policies in Effect More Than 60 Days. (1) If this policy has been in effect more than 60 days or is a renewal policy, we may cancel only for one or more of the following rea- sons: (a) Nonpayment of premium; (b) Fraud or material misrepresentation made by you or with your knowledge in obtaining the policy, continuing the pol- icy or in presenting a claim under the policy; (c) The occurrence of a material change in the risk which substantially increases any hazard insured against after policy issuance; (d) Violation of any local fire, health, safety, building or construction regulation or ordinance with respect to any insured property or its occupancy which sub- stantially increases any hazard insured against under the policy; (e) Nonpayment of membership dues in those cases where our by-laws, agree- ments or other legal instruments require payment as a condition of the issuance and maintenance of the policy; or (1) A material violation of a material provi- sion of the policy. CG 29 23 1101 ® ISO Properties, Inc., 2001 INSURED COPY Page 1o12 2 (2) If we cancel for nonpayment of premium, we will mail or deliver written notice of can- cellation, stating the reason for cancellation, to the first Named Insured and the'contrac- tor' at least 10 days before the effective date of cancellation. If we cancel for any other reason, we will mail or deliver notice of cancellation to the first Named Insured and the 'contractorat least 20 days prior to the effective date of cancellation. C. The following is added to Conditions (Section IV): 13. Mufti -Year Policies We may issue this policy for a term in excess of twelve months with the premium adjusted on an annual basis in accordance with our rates and rules. D. The following Condition is added and supersedes any other provision to the contrary: NONRENEWAL 1. If we decide not to renew this policy, we will mail or deliver to the first Named Insured and the contractor' written notice of nonrenewal at least 60 days before: a. Its expiration date; or b. Its anniversary date, if it is a policy written for a term of more than one year and with no fixed expiration date. However, we are not required to send this no- tice if nonrenewal is due to your failure to pay any premium required for renewal. 2. We will mail or deliver our notices to the first Named Insured's and the contractor's' last mailing address known to us. If notice is mailed, proof of mailing will be sufficient proof of notice. Page 2 of 2 ® ISO Properties. Inc., 2001 1N URED CDR' CG 29 23 11 01 / COMMERCIAL INSURANCE COMMON POLICY DECLARATIONS Policy Number OCP 3994289-00 Named Insured and Mailing Address CITY OF FAYETTEVILLE 113 WEST MOUNTAIN FAYETTEVILLE AR 72701 Renewal of Number NEW Producer and Mailing Address THE CASHION COMPANY INC PO BOX 550 LITTLE ROCK AR 722030550 Producer Code 55548-000 Policy Period: Coverage begins 05-12-03 at 12:01 A.M.; Coverage ends 04-23-04 at 12:01 A.M. The named insured is ❑ Individual ❑ Partnership X❑ Corporation ❑ Other: This insurance is provided by one or more of the stock insurance companies which are members of the Zurich -American Insurance Group. The company that provides coverage is designated on each Coverage Part Common Declarations. The company or companies providing this insurance may be referred to in this policy as *The Company. we. us, or our. The address of the companies of the Zurich -American Insurance Group are provided on the next page. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE(S): GENERAL LIABILITY COVERAGE PREMIUM $ 1,010.00 issued by AMERICAN ZURICH INSURANCE COMPANY THIS PREMIUM MAY BE SUBJECT TO AUDIT. TOTAL $ 1,010.00 This premium does not include Taxes and Surcharges. SEE INSTALLMENT SCHEDULE Taxes and Surcharges The Form(s) and Endorsement(s) made a part of this policy at the FORMS and ENDORSEMENTS. Countersigned this day of FORM(S), FORMS AND ENDORSEMENTS. IF ANY, ISSUED TO FORM A PART TOTAL $ of RAGE PART DECLARATIONS, COVERAGE PART COMPLETE THE ABOVE NUMBERED POLICY. WSURED CORY U -GU -D -310-A (01/93) Page I of I Important Notice -In Witness Clause In return for the payment of premium and subject to all the terms of the policy, we agree with you to provide insurance as stated in this policy. This policy shall not be valid unless countersigned by the duly authorized Representative of the Com- pany. In Witness Whereof, this Company has executed and attested these presents and, where required by law, has caused this pol- icy to be countersigned by its duly authorized Representative. President Zurich American Insurance Company Corporate Secretary Zurich American Insurance Company QUESTIONS ABOUT YOUR INSURANCE? Your agent or broker is best equipped to provide information about your insurance. Should you require additional information or assistance in resolving a complaint, call or write to the following (please have your policy or claim number ready): Zurich North America Customer Inquiry Center 1400 American Lane Schaumburg, Illinois 60196-1056 1-800-382-2150 (Business Hours: 8 a.m. - 4 p.m. [CT[) INSURED cCRY U -GU -319-E (5/96) Page I of 1 • y Number OCP 3994289-00 SCHEDULE OF LOCATIONS AMERICAN ZURICH INSURANCE COMPANY Named Insured CITY OF FAYETTEVILLE Effective Date: 05-12-03 12:01 A.M., Standard Time Agent Name THE CASHION COMPANY INC Agent No. 55548-000 Loc. Bldg. Designated Locations Occupancy No. No. (Address, City, State, Zip Code) 001 113 WEST MOUNTAIN FAYETTEVILLE, AR 72701-0000 U -GU -618-A CW (10/02) INSURED COPY INSTALLMENT PREMIUM SCHEDULE The total premium shown in the Declarations of this policy is made payable in installments, on the dates and in the amounts shown below. Failure to pay the Installment Premium by the Date Due shown shall constitute non-payment of premium tor wnicn we may cancel this policy. U.GUA06-A (07/94) wsufEO cOOY PAGE 1 OF 1 If Number 3994289-00 SCHEDULE OF FORMS AND ENDORSEMENTS AMERICAN ZURICH INSURANCE COMPANY Named Insured CITY OF FAYETTEVILLE Effective Date: 05-12-03 12:01 A.M., Standard Time Agent Name THE CASHION COMPANY INC Agent No. 55548-000 COMMON POLICY FORMS AND ENDORSEMENTS U -GU -D -310-A 01-93 COMMON POLICY DECLARATIONS U -GU -319-E 05-96 IN WITNESS CLAUSE U -GU -618-A CW 107-02 7-94 INSTDULE OF ALLMENT PREMIUMSS CHEDULE UGU190CA 11-02 SCHEDULE OF FORMS AND ENDORSEMENTS IL 00 21 WU60907-02 NUCLEAR ENERGY LIABILITY EXCLUSION ENDT 07-02 ARKANSAS CHANGES IL 01 99 07-02 CALCULATION OF PREMIUM IL 00 03 11-02 DISCLOSURE NOTICE/TERROR RISK INS ACT UGU-630-A GENERAL LIABILITY FORMS AND ENDORSEMENTS CG 00 63 12-02 WAR LIABILITY EXCLUSION U-GL-1046-A-CW 12-01 LIMITED FUNGUS EXCLUSION ENDORSEMENT U -GL -1113-A CW 10-02 COMM GENERAL LIABILITY COVERAGE SCHEDULE U -GL -200-B CW 12-01 ASBESTOS EXCLUSION ENDORSEMENT U -GL -495-A CW 01-93 OCP LIABILITY LOCATION SCHEDULE U -GL -D -1115-A CW 10-02 COMM GENERAL LIABILITY COVERAGE SUPP DEC U-GL0D0275B CW 01-93 OCP ECOVERAGE AFORM-DESIGNATEDCTORS ELIAB DEC CONTRACTOR CG 00 09 11-01 ARKANSAS CHANGES-CANC/NONRNL-UST CG 30 06 01-87 EXCL-DESIGNATED WORK CG 21 34 11-95 AR CHANGES - NON -BINDING ARBITRATION CG 26 44 CG 29 23 11-01 ARKANSAS CHANGES U -GU -619-A CW (10/02) t sUPEo CGVY IL 00 21 07 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY The insurance does not apply: A. Under any Liability Coverage, to 'bodily injury or 'property damage': (1) With respect to which an 'insured' under the policy is also an insured under a nu- clear energy liability policy issued by Nu- clear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwrit- ers, Nuclear Insurance Association of Can- ada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of li- ability; or (2) Resulting from the 'hazardous properties' of nuclear material' and with respect to which (a) any person or organization is re- quired to maintain financial protection pur- suant to the Atomic Energy Act of 1954. or any law amendatory thereof, or (b) the 'in- sured' is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organi- zation. 1100210702 B. Under any Medical Payments coverage, to expenses incurred with respect to 'bodily in- jury' resulting from the 'hazardous properties' of 'nuclear material' and arising out of the op- eration of a 'nuclear facility' by any person or organization. C. Under any Liability Coverage, to 'bodily injury' or 'property damage' resulting from 'hazardous properties' of 'nuclear material', if: (1) The 'nuclear material' (a) is at any 'nuclear facility' owned by, or operated by or on be - been half of, an 'Insured' or (b) has dis- charged or dispersed therefrom: (2) The 'nuclear material' is contained in 'spent fuel' or 'waste' at any time possessed, han- dled, used, processed. stored, transported or disposed of, by or on behalf of an 'in- sured'; or (3) The 'bodily injury' or 'property damage' arises out of the furnishing by an 'insured' of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any 'nu- clear facility, but if such facility is located within the United States of America, its terri- tories or possessions or Canada, this ex- clusion (3) applies only to 'property dam- age' to such 'nuclear facility and any property thereat. ® ISO Properties. Inc., 2001 Page I of 2 INSURED GOT' 2. As used in this endorsement: 'Hazardous properties' includes radioactive, toxic or explosive properties. 'Nuclear material' means 'source material', 'Special nuclear material' or 'by-product material'. 'Source material', special nuclear material', and 'by-product material' have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. 'Spent fuel' means any fuel element or fuel com- ponent, solid or liquid, which has been used or exposed to radiation in a 'nuclear reactor'. 'Waste' means any waste material (a) containing 'by-product material' other than the tailings or wastes produced by the extraction or concentra- tion of uranium or thorium from any ore processed primarily for its 'source material' content, and (b) resulting from the operation by any person or or- ganization of any 'nuclear facilityincluded under the first two paragraphs of the definition of 'nu - dear facility. 'Nuclear facility means: (a) Any 'nuclear reactor; (b) Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing 'spent fuel', or (3) handling, processing or packaging 'waste'; Page 2 of 2 (c) Any equipment or device used for the proc- essing, fabricating or alloying of 'special nuclear material' if at any time the total amount of such material in the custody of the 'insured' at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto- nium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (d) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of haste'; and includes the site on which any of the forego- ing is located, all operations conducted on such site and all premises used for such operations. 'Nuclear reactor' means any apparatus designed or used to sustain nuclear fission in a self- supporting chain reaction or to contain a critical mass of fissionable material. 'Property damage' includes all forms of radioactive contamination of property. ® ISO Properties. Inc.. 2001 IL 00 21 07 02 flKtul!4'I'&.ili C IL 01 99 07 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARKANSASTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART FARM LIABILITY COVERAGE FORM FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: We will be entitled to recovery only after the insured ('insured') has been fully compensated for the loss or damage sustained, including expenses incurred in obtaining full compensation for the loss or damage. tkW page 1°f1 IL 01 99 07 02 © ISO Pr c., 2001 1100030102 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE PART CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT -RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following is added: The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued. On each renewal, continuation, or anniversary of the effective date of this policy, we will compute the premium In accordance with our rates and rules then in effect. IL 00030702 ® ISO Properties, Inc., 2001 Page 1 of 1 INSURED COPY ICI IMPORTANT DISCLOSE NOTICE REGARDING ZURICH TERRORISM RISK INSURANCE ACT THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR POLICY We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this policy is 1% OF YOUR OCP PREMIUM. This amount is reflected in the total premium for this policy. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after an insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: I. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49. United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your policy or affect your rights under the policy. Copyright Zurich American Insurance Company 2002 U -GU -630-A (11/02) COMMERCIAL GENERAL LIABILITY CG00631202 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAR LIABILITY EXCLUSION This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The War Exclusion under Paragraph 2., Exclusions of Section I — Bodily Injury And Property Damage Liabil- ity is replaced by the following: 2. Exclusions This insurance does not apply to: WAR 'Bodily injuryor 'property damage', however caused, arising, directly or indirectly, out of: a. War, including undeclared or civil war; or b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any govern- ment, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental au- thority in hindering or defending against any of these. CG 00 63 12 02 m ISO Properties. Inc., 2002 Page 1 of 1 W SUPED COPY • C� Limited Fungus Exclusion Endorsement Eff. Date of PoL Esp. Date of PuL Eff. Date of End. Producer AdJ'L �1° $ Return Rem. S Policy No. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part Products/Completed Operations Liability Coverage Part This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" caused directly or in- directly by 1. Any "fungus(i) " or "spore(s)", or 2. Any substance, vapor or gas produced by or arising out of any "fungus(i)" or "sporc(s)". For the purposes of this exclusion, the following definitions are added: 1. "Fungus(i)" includes, but is not limited to: a. any form or type of mold, mushroom or mildew; b. any other fungal structure; and c. any volatile organic compounds, mycotoxins, allergenic proteins or other substances or gases produced by or arising out of any mold, mushroom, mildew, fungal structure or "spore(s)". 2. "Spore(s)" means any reproductive body produced by or arising out of any "fungus(i)". U-GLIO46-A CW (t2/OD Palle t of I Includes copyrighted material of Insurance Services Office, Inc. with its permission. ws*JRco cocv Policy Number OCP 3994289-00 COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE AMERICAN ZURICH INSURANCE COMPANY Named Insured CITY OF FAYEITENILLE Effective Date: 05-12-03 12:01 A.M., Standard Time Agent Name THE CASHION COMPANY INC Agent No. 55548-000 Item 5. Location of Premises Location of All Premises You Own, Rent or Occupy: See Schecule of Locations Code No. 16292 Premium Basis PER 1,000 OF TOTAL COST Premises/Operations Location 001 Exposure 1,800,000 Rate 541 1st MILLION .068 OVER 1st MIL Premium ON 1,000 MP Classification: CONSTRUCTION OPERATIONS - OWNER (NOT RAILROADS) - EXCLUDING OPERATIONS ON BOARD SHIPS. Products/Completed Operations Rate Premium EXCLUDED Code No. Premium Basis Premises/Operations Location Exposure Rate Premium Classification: Products/Completed Operations Rate Premium Code No. Premium Basis Premises/Operations Location Exposure Rate Premium Classification: Products/Completed Operations Rate Premium Code No, Premium Basis Premises/Operations Location Exposure Rate Premium Classification: Products/Completed Operations Rate Premium U -GL -1113-A CW (10/02) Asbestos Exclusion Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Address (including ZIP Code) This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part Products/Completed Operations Coverage Part It is agreed that the following exclusion is added to the policy: This insurance does not apply to any obligation of ours: A. To investigate, settle or defend any claim or 'suit" against any insured alleging actual or threatened injury or damage of any nature or kind including loss of use to persons or property, which arises out of or would not have occurred but for: (1) Exposure to asbestos; or (2) Manifestation of any disease relating to the exposure to asbestos; during the policy period or at any time prior to the policy period; B. To pay, contribute, or indemnify another for any injury or damage resulting in judgments, settlements, loss, cost, or ex- penses awarded or incurred that: (I) Arises out of any such claim or "suit"; or (2) Arises due to compliance with any action authorized by law relating to such injury or damage. Countersigned Authorized Representative U-CL200-O CW (12/01) INSURED COPY Pace I of I OWNERS AND CONTRACTORS PROTECTIVE LIABILITY LOCATION SCHEDULE Policy Number OCP 3994289-00 Location of Covered Operations Loc. Description of No. (Arcr=_ss, Ciy, State, Zip Code) Operation 001 OLD MISSOURI ROPE WIDENING OF ROAD, SIDEWALKS, CURBS, BOX CULVERT, RETAINING WALLS, STORM DRAINAGE & WATER & SEWER LINE RELOCATION 'J-GL--3E-A OW (01/22) Page La:; cage icy Number OCP 3994289-00 COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL DECLARATIONS AMERICAN ZURICH INSURANCE COMPANY Named Insured CITY OF FAYETTEVILLE Effective Date: 05-12-03 12:01 A.M., Standard Time Agent Name THE CASHION COMPANY INC Agent No. 55548-000 Item 1. Business Description: OWNERS & CONTRACTORS PROC Item 2. Limits of Insurance Coverage Limit of Liability Products/Completed Aggregate Limits of Liability P NOT COVERED O erations Aggregate General Aggregate (other than $ 2 , 000 , 000 Products Com feted O erations Coverage A• Bodily Injury and any one occurrence subject to Property Damage Liability the Products/Completed Operations and General $ 1,000,000 Aggregate Limits of Liability any one premises subject to the Coverage A occurrence and the Damage To Premises General Aggregate Limits of Rented To You NOT COVERED Liability Coverage B - Personal and any one person or organization Advertising Injury subject to the General Aggregate Liability NOTCOVEREDLimitsofLiability Coverage C - Medical Payments any one person subject to the Coverage A occurrence and the General Aggregate Limits of — — ..... I nl.alni Sul LVYLRLV Item 3. Retroactive Date This Insurance does not apply to 'bodily injury', 'property damage' or 'personal and advertising injury which occurs before the Retroactive Date, if any, shown here: NONE (Enter Date or 'None' it no Retroactive Date applies) Item 4. Form of Business and Location of Premises Forms of Business: CORPORATION Location of All Premises You Own, Rent or Occupy: See Schedule of Locations Item 5. Forms and Endorsements Form(s) and Endorsement(s) made a part of this policy at time of issue: See Schedule of Forms and Endorsements Item 6. Premiums $ 1,000.00 Coverage Part Premium: $ 10.00 Other Premium: $ 1,010.00 Total Premium THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD. U -GL -D -1115-A CW (10/02) INSURED COPY 0 Insurance for this coverage part provided by: AMERICAN ZURICH INSURANCE COMPANY OWNERS AND CONTRACTORS PROTECTIVE LIABILITY DECLARATIONS OCCURRENCE COVERAGE PolicyNumber OCP 3994289-00 This policy provides only the coverage for which a Limit of Insurance is shown on these Declarations, and for which a Coverage Form is made a part of this policy, except as specifically excluded. OCP Liability Premium Audit Period: ANNUAL Limits of Insurance Aggregate Limit $ 2,000,000 Each Occurrence Limit $ 1 ,000, 000 Contractor and Mailing Address: MOBLEY CONTRACTORS, INC. 705 HATCHER SPRINGDALE, AR 72764 INSURED COPY U.GL-D-275-8 CW (01/93) PAGE 1 OF I • COMMERCIAL GENERAL LIABILITY CG 00 09 10 01 OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM - COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR Various provisions of this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words youand 'your' refer to the Named Insured shown in the Declarations. The words W1 'us' and 'our' refer to the Company providing this insurance. The word 'insured' means any person or organization qualifying as such under Section II — Who Is An In- sured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I —COVERAGES BODILY INJURY AND PROPERTY DAMAGE LIABILITY insuring Agreement a. We will pay those sums that the insured be- comes legally obligated to pay as damages be- cause of 'bodily injury' or 'property damage' to which this insurance applies. We will have the right and duty to defend the insured against any 'suit' seeking those damages. However, we will have no duty to defend the insured against any 'suit' seeking damages for 'bodily injury' or 'property damage' to which this insurance does not apply. We may, at our discretion, in- vestigate any 'occurrence' and settle any claim or 'suit' that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insur- ance in the payment of judgments or set- tlements. No other obligation or liability to pay sums or perform acts or services is covered unless ex- plicitly provided for under Supplementary Pay- ments. b. This insurance applies to 'bodily injury' and 'property damage' only if: (1) The 'bodily injury' or 'property damage' is caused by an 'occurrence' and arises out of: (a) Operations performed for you by the 'contractor' at the location specified in the Declarations; or (b) Your acts or omissions in connection 1 with the general supervision of such op- erations; (2) The 'bodily injury or 'property damage' occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II — Who Is An Insured and no 'employee' authorized by you to give or receive notice of an 'oc- currence' or claim, knew that the 'bodily in- jury' or 'property damage' had occurred, in whole or In part. If such a listed Insured or authorized 'employee' knew, prior to the policy period, that the 'bodily injury or 'property damage' occurred, then any con- tinuation, change or resumption of such 'bodily injury or 'property damage' during or after the policy period will be deemed to have been known prior to the policy period. c. 'Bodily injury' or 'property damage' which occurs during the policy period and was not, prior to the policy period, known to have oc- curred by any insured listed under Paragraph 1. of Section II — Who Is An Insured or any 'employee' authorized by you to give or receive notice of an 'occurrence' or claim, includes any continuation, change or resumption of that 'bodily injury' or 'property damage' after the end of the policy period. Page lot 9 CG 0009 1001 ® ISO Properties, Inc., 2000 KSURED cow d. Bodily injury or property damage' will be deemed to have been known to have occurred at the earliest time when any insured listed un- der Paragraph 1. of Section II — Who Is An In- sured or any 'employee' authorized by you to give or receive notice of an occurrence' or claim: (1) Reports all, or any part, of the 'bodily injury' or 'property damage' to us or any other in- surer; (2) Receives a written or verbal demand or claim for damages because of the 'bodily in- jury or 'property damage'; or (3) Becomes aware by any other means that 'bodily injury or 'property damage' has oc- curred or has begun to occur. e. Damages because of 'bodily injury include damages claimed by any person or organiza- tion for care, loss of services or death resulting at any time from the 'bodily injury. 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury 'Bodily injury or 'property damage' expected or intended from the standpoint of the insured. This exclusion does not apply to 'bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability 'Bodily injury or 'property damage' for which the Insured is obligated to pay damages by reason of the assumption of liability in a con- tract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement: or (2) Assumed in a contract or agreement that is an "insured contract', provided the "bodily injury' or 'property damage' occurs subse- quent to the execution of the contract or agreement. Solely for the purposes of liabil- ity assumed in an insured contract', rea- sonable attorney fees and necessary litiga- tion expenses incurred by or for a party other than an insured are deemed to be damages because of 'bodily injury' or 'property damage'. provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same insured contract'; and (b) Such attorney fees and litigation ex- penses are for defense of that party against a civil or alternative dispute reso- lution proceeding in which damages to which this insurance applies are alleged. c. Work Completed Or Put To Intended Use 'Bodily injury' or 'property damage' which oc- curs after the earlier of the following times: (1) When all work' on the project (other than service, maintenance or repairs) to be per- formed for you by the contractor' at the site of the covered operations has been completed; or (2) When that portion of the 'contractor's' 'work', out of which the injury or damage arises, has been put to its intended use by any person or organization, other than an- other contractor or subcontractor working directly or indirectly for the 'contractor' or as part of the same project. d. Acts Or Omissions By You And Your Employees 'Bodily injury' or "property damage' arising out of your, or your 'employees', acts or omissions other than general supervision of 'workper- formed for you by the 'contractor'. e. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemploy- ment compensation law or any similar law. I. Employer's Liability 'Bodily injury to: (1) An employee' of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that 'employee' as a consequence of Paragraph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay dam- ages because of the injury. This exclusion does not apply to liability as- sumed by the insured under an 'insured con- tract'. Page 2 of 9 m ISO Properties, Inc., 2000 CG 00 09 10 01 nsUPED c g. Damage To Property 'Property damage' to: (1) Property You own, rent, or occupy, includ- ing any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, res- toration or maintenance of such property for any reason, including prevention in- jury to a person or damage to another's property: (2) Property loaned to you: (3) Personal property in the care, custody or control of the insured; or (4) Work' performed for you by the contrac- tor'. h. War 'Bodily Injury' or 'property damage' due to war, whether or not declared, or any act or condi- tion incident to war. War includes civil war, in- surrection, rebellion or revolution. This exclu- sion applies only to: (1) Liability assumed under an 'insured con- tract; or (2) Expenses for first aid. Mobile Equipment 'Bodily injury or 'property damage' arising out of the use of 'mobile equipment' in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. Pollution (1) 'Bodily Injury or 'property damage' arising out of the actual, alleged or threatened dis- charge, dispersal, seepage, migration, re- lease or escape of 'pollutants': (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to. any insured. However, this subparagraph does not apply to: (i) 'Bodily injury if sustained within a building and caused by smoke, fumes, vapor or soot from equipment used to heat that building; (ii) Bodily injury or property damage' arising out of heat, smoke or fumes from a 'hostile fire": (c) Which are or were at any time trans- posed, processed aswasby or stored, dis- posed of,, or or p for: (i) Any insured; or (ii) Any person or organization for whom you may legally Y responsi- ble; or (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or Indirectly on any insured's behalf are performing operations if the pollutants' are brought on or to the premises, site or location in connection with such op- erations by such insured, contractor or subcontractor. However, this subpara- graph does not apply to: (i) 'Bodily injury' or 'property damage' arising out of the escape of fuels, lu- bricants or other operating flthe uid s which are needed to perform normal electrical, hydraulic or me- chanical functions necessary for the operation of *mobile equipment' or its parts, it such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply it the 'bodily injury' or 'property damage' arises out of the intentional discharge, dispersal or re- lease of the fuels, lubricants or other operating fluids, or if such fuels, lu- bricants or other operating fluids are brought on or to the premises. site or location with the intent that they be discharged, dispersed or released as part of the operations per - formed by contractorsuch nsurred. or subcontractor; (iii) 'Bodily injury' or 'property damage' sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connec- tion with operations being performed by or on behalf of any insured; or (iii) 'Bodily injury' or 'property damage' arising out of heat, smoke or fumes from a 'hostile fire'. (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the han- dling, storage. disposal, processing or treatment of waste; CG 00 09 10 01 ® ISO Properties. Inc.. 2000 INSURED COPY Page 3 of 9 (e) At or from any premises, site or location c. The cost of bonds to release attachments, but on which any insured or any contractors only for bond amounts within the applicable or subcontractors working directly or limit of insurance. We do not have to furnish indirectly on any insured's behalf are these bonds. performing operations if the operations d. All reasonable expenses incurred by the in - are to test for, monitor, clean up, re- sured at our request to assist us in the investi. move, contain, treat, detoxify or neutral- gation or defense of the claim or 'suit', includ- ize, or in any way respond to, or assess ing actual loss of earnings up to $250 a day the effects of 'pollutants', because of time off from work. (2) Any loss, cost or expense arising out of e. All costs taxed against the insured in the 'suit'. any: f. Prejudgment interest awarded against the in - (a) Request, demand, order or statutory or sured on that part of the judgment we pay. If regulatory requirement that any insured we make an offer to pay the applicable limit of or others test for, monitor, clean up, re- insurance, we will not pay any prejudgment in - move, contain, treat, detoxify or neutral- terest based on that period of time after the of- Ize, or in any way respond to, or assess fer. the effects of'poilutants'; or g. All interest on the full amount of any judgment (b) Claim or suit by or on behalf of a gov- that accrues after entry of the judgment and be- ernmental authority for damages be- fore we have paid, offered to pay, or deposited cause of testing for, monitoring, clean- in court the part of the judgment that Is within ing up, removing, containing, treating, the applicable limit of insurance. detoxifying or neutralizing, or in any way responding to, or assessing the effects h. Expenses incurred by the insured for first aid administered to others at the time of an acci- of 'pollutants', dent, for 'bodily injury' to which this insurance However, this paragraph does not apply to applies. liability for damages because of 'property damage' that the insured would have in the These payments will not reduce the limits of insur- Thee. absence of such request. demand, order or statutory or regulatory requirement, or such 2. If we defend an insured against a 'suit' and an claim or 'suit' by or on behalf of a govern- in emniteehe suit'we wif lhe l defend tha n oindemnitee Is alsnamed as a s if al party mental authority. of k. Damage To impaired Property Or Property Not the following conditions are met: Physically Injured a. The 'suit' against the IndemnRee seeks dam- ages for which the insured has assumed the li- properrtydam has notto been physicallyired propinjured, or ability of the indemnitee In a contract or agree - property that injured, ment that is an 'insured contract'; arising out of: (1) A defect, deficiency, inadequacy or danger- b. This insurance applies to such liability assumed ous condition in 'work' performed for you by the insured; by the @contractor% or c. The obligation to defend, or the cost of the (2) A delay or failure by you or anyone acting defense of, that indemnitee, has also been as- sumed by the insured in the same 'insured on your behalf to perform a contract or contract'; agreement in accordance with its terms. This exclusion does not apply to the loss of d. The allegations in the 'it' and the information use of other property arising out of sudden we know about the 'occurrence' are such that no conflict appears to exist between the inter - and accidental physical injury to Work' per- formed for you by the 'contractor'. ests of the insured and the interests of the in- demnitee; SUPPLEMENTARY PAYMENTS e. The indemnitee and the insured ask us to con - 1. We will pay, with respect to any claim we investi- duct and control the defense of that indemnitee gate or settle, or any 'suit' against an insured we against such 'suit' and agree that we can as - defend: sign the same counsel to defend the insured a. All expenses we incur, and the indemnitee; and b. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which this insurance applies. We do not have to fur- nish these bonds. CG 00 09 10 01 © ISO Properties, Inc., 2000 Page 4 o19 WRJREO COP. r I. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the'suit': (b) Immediately send us copies of any de- mands, notices, summonses or legal papers received in connection with the 'suit'; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coor- dinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such @suit'. So long as the above conditions are met, attorneys fees incurred by us in the defense of that indemni- tee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supple- mentary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverages — Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for 'bodily injury and property damageand will not reduce the limits of insurance. Our obligation to defend an insured's Indemnitee and to pay for attorneys fees and necessary litiga- tion expenses as Supplementary Payments ends when: a. We have used up the applicable limit of insur- ance in the payment of judgments or settle- ments; or b. The conditions set forth above, or the terms of the agreement described in Paragraph I. above, are no longer met. SECTION 11 —WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are in- sureds. b. A partnership or joint venture, you are an in- sured. Your members, your partners, and their spouses are also insureds, but only with re- spect to their duties as partners or members of a joint venture. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to their duties as members of a limited liability company. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your executive officers' and directors are insureds, but only with respect to their du- ties as your officers or directors. Your stock- holders are also insureds, but only with respect to their liability as stockholders. 2. Each of the following is also an insured: a. Any person (other than your 'employee') or any organization while acting as your real es- tate manager. b. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. C. Your legal representative if you die, but only with respect to duties as such. That representa- tive will have all your rights and duties under this Coverage Part. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III -LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay re- gardless of the number of: a. Insureds: b. Claims made or 'suits' brought: or c. Persons or organizations making claims or bringing suits'. 2. The Aggregate Limit is the most we will pay for the sum of damages because of all bodily injury' and 'property damage'. 3. Subject to 2. above, the Each Occurrence Limit is the most we will pay for the sum of damages be- cause of all bodily injury and property damage' arising out of any one occurrence'. If you designate more than one project in the Declara- tions, the Aggregate Limit shall apply separately to each project. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. CO 00 09 10 01 Pro perties. ISO Pro rties. Inc., 2000 Page 5 of 9 INSURED cow SECTION IV — CONDITIONS I. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obliga- tions under this Coverage Part. 2. Cancellation a. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or deliv- ering to us advance written notice of cancella- tion. b. We may cancel this policy by mailing or deliver- ing to the first Named Insured and the'contrac- torwritten notice of cancellation at least: (1) 10 days before the effective date of cancella- tion if we cancel for non-payment of pre- mium; or (2) 30 days before the effective date of cancella- tion if we cancel for any other reason. c. We will mail or deliver our notices to the first Named insured's and the 'contractor's' last mailing address known to us. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e. If this policy is cancelled, we will send the 'con- tractor' any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. I. If notice is mailed, proof of mailing will be suffi- cient proof of notice. 3. Changes This policy contains all the agreements between you, the contractor' and us concerning the insur- ance afforded. The first Named Insured shown in the Declarations and the contractor' are author- ized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. 4. Duties In The Event Of Occurrence, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an 'occurrence' which may result in a claim. To the extent possible, notice should include: (1) How, when and where the 'occurrence' took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the occurrence. b. If a claim is made or suit' is brought against any insured, you must: (1) Immediately record the specifics of the claim or suit' and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or 'suit' as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any de- mands, notices, summonses or legal papers received in connection with the claim or 'suit'; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the 'suit'; and (4) Assist us, upon our request, in the en- forcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 5. Examination Of Your Books And Records We may examine and audit your books and rec- ords as well as the 'contractor's' books and rec- ords as they relate to this policy at any time during the policy period and up to three years afterward. 6. Inspections And Surveys a. We have the right to: (1) Make inspections and surveys at any time; (2) Give you reports on the conditions we find; and (3) Recommend changes. b. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not war- rant that conditions: (1) Are safe or healthful; or (2) Comply with laws, regulations, codes or standards. Page 6 of 9 ® ISO Properties, Inc., 2000 CG 00 09 10 01 INSURED cow c. Paragraphs a. and b. of this condition apply not only to us, but also to any rating, advisory. rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. d. Paragraph b. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations. of boilers, pressure vessels or elevators. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a'suitasking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the ap- plicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claim- ant's legal representative. a. Other Insurance The insurance afforded by this Coverage Part is primary insurance and we will not seek contribu- tion from any other insurance available to you un- less the other insurance is provided by a contrac- tor other than the designated contractor' for the same operation and job location designated in the Declarations. Then we will share with that other in- surance by the method described below. If all of the other insurance permits contribution by equal shares, we will follow this method also. Un- der this approach, each insurer contributes equal amounts until it has paid its applicable limit of in- surance or none of the loss remains, whichever comes first. If any of the other insurance does not permit con- tribution by equal shares, we will contribute by lim- its. Under this method, each insurer's share is based on the ratio of its applicable limit of insur- ance to the total applicable limits of insurance of all insurers. 9. Premiums The 'contractor': a. Is responsible for the payment of all premiums; and b. Will be the payee for any return premiums we pay. CG 00 09 10 01 © ISO Properties. Inc., 2000 io. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as ad- vance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the contractor. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned pre- mium, we will return the excess to the 'contrac- tor'. c. The contractor' must keep records of the information we need for premium computation, and send us copies at such times as we may request. 11. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this in- surance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or 'suit' is brought. 12. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring 'suit' or transfer those rights to us and help us enforce them. 13. When We Do Not Renew It we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expi- ration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V - DEFINITIONS 1. Auto' means a land motor vehicle, trailer or semi- trailer designed for travel on public roads, includ- ing any attached machinery or equipment. But 'auto' does not include mobile equipment'. 2. 'Bodily injury means bodily injury,sickness or death re- sulting sustained by a person. from any of these at any time. Page7of9 INSURED CDRY C 3. 'Contractor' means the contractor designated in , the Declarations. 4. 'Employee' includes a leased worker'. 'Employee' does not include a 'temporary worker'. 5. 'Executive officer' means a person holding any of the officer positions created by your charter, con- stitution, by-laws or any other similar governing document. 6. 'Hostile fire' means one which becomes uncontrol- lable or breaks out from where it was intended to be. 7. 'Impaired property' means tangible property, other than work performed for you, that cannot be used or is less useful because: a. It incorporates work performed for you that is known or thought to be defective, deficient, in- adequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of the work performed for you; or b. Your fulfilling the terms of the contract or agreement. 8. 'Insured contract' means: a. A lease of premises; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition op- erations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; or e. An elevator maintenance agreement. 9. 'Leased worker' means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. 'Leased worker does not include a 'temporary worker'. 10. 'Mobile equipment' means any of the following types of land vehicles, including any attached ma- chinery or equipment: a. Bulldozers, farm machinery. forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, r whether se oproeelled oty tor not, main- tained primarily Y perma- nently mounted: (1) Power cranes, shovels, loaders, diggers or drills: or (2) Road construction or resurfacing equip- ment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently at- tached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., C. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the fol- lowing types of permanently attached equip- ment are not 'mobile equipment' but will be considered 'autos': (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting and well servicing equipment. ii.'Occurrence' means an accident, including con- tinuous or repeated exposure to substantially the same general harmful conditions. 12. 'Pollutants' mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, re- conditioned or reclaimed. 13. 'Property damagemeans: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it: or CG 00 09 10 01 Page 8 of 9 © ISO Properties, Inc., 2000 INSURED cow • b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the @occurrence* that caused it. For the purposes of this insurance, electronic data is not tangible property. As used in this definition, electronic data means in- formation, facts or programs stored as or on, cre- ated or used on, or transmitted to or from, com- puter software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 14. Suit means a civil proceeding, brought in the United States of America (including its territories and possessions). Puerto Rico or Canada, in which damages because of 'bodily injury' or 'property damage' to which this insurance applies are alleged. Suit includes: a. An arbitration proceeding in which such dam- ages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution pro- ceeding in which such damages are claimed and to which the insured submits with our consent. 15. Temporary worker' means a person who is fur- nished to you to substitute for a permanent 'em- ployee' on leave or to meet seasonal or short-term workload conditions. 16. 'Work' includes materials, parts or equipment furnished in connection with the operations. CG 00 09 10 01 O ISO Properties, Inc., 2000 Page 9 of 9 INSURED COPY COMMERCIAL GENERAL LIABILITY CO 30061101 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARKANSAS CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: UNDERGROUND STORAGE TANK POLICY A. Condition 10. Cancellation of Section IV — Condi- tions is replaced by the following: 10. Cancellation a. The first Named Insured may cancel this policy by mailing or delivering to us ad- vance written notice of cancellation. b. It this policy has been in effect 60 days or less, we may cancel this policy by sending by certified mail, or delivering, to you a writ- ten notice at your last mailing address known to us. Cancellation will be effective: (1) 10 days after you receive notice of can- cellation if we cancel for nonpayment of premium, fraud or material misrepresen- tation by you: or (2) 60 days after you receive notice of can- cellation if we cancel for any other rea- son, unless we specify a later date in our notice as the effective date of cancellation. c. If this policy has been in effect more than 60 days, or is a renewal policy, we may cancel: (1) Only for one or more of the following reasons: (a) Nonpayment of premium; (b) Fraud or material misrepresentation made by you or with your knowledge in obtaining the policy, continuing the policy or in presenting a claim under the policy; (c) The occurrence of a material change in the risk which substantially in- creases any hazard insured against after policy issuance; (d) Violation of any local fire, health, safety, building or construction regu- lation or ordinance with respect to any insured property or its occu- pancy which substantially increases any hazard insured against under the policy; (e) Nonpayment of membership dues in those cases where our by-laws, agreements or other legal instru- ments require payment as a condi- tion of the issuance and maintenance of the policy; or (f) A material violation of a material provision of the policy; and (2) By sending by certified mail, or deliver- ing, to you and any lienholder or loss payee named in the policy, a written no- tice, stating the reason(s) for cancella- tion, at the last mailing addresses known to us. Cancellation will be effective: (a) 10 days after you receive notice of cancellation if we cancel for nonpay- ment of premium; (b) 20 days after you receive notice of cancellation if we cancel for fraud or material misrepresentation by you; or (c) 60 days after you receive notice of cancellation if we cancel for any other permissible reason, unless we specify a later date in our no- tice as the effective date of cancellation. CO 30 06 11 01 ® ISO Properties, Inc., 2001 Page 1 of 2 INSURED caw I d. With respect to premium refunds: (i) ii this policy is canceiicu, we wiii Lena the first Named Insured any premium re- fund due. (2) We will refund the pro rata unearned premium if the policy is: (a) Cancelled by us or at our request: (b) Cancelled but rewritten with us or in our company group; (c) Cancelled because you no longer have an insurable interest in the property or business operation that is the subject of this insurance; or (d) Cancelled after the first year of a prepaid policy that was written for a term of more than one year. (3) If this policy is cancelled at the request of the first Named Insured, other than a cancellation described in (2)(b), (c) or (d) above, we will refund 90% of the pro rata unearned premium. However, the refund will be less than 90% of the pro rata unearned premium if the refund of such amount would reduce the premium retained by us to an amount less than the minimum premium for this policy. (4) The cancellation will be effective even if we havn not mnrle nr offered a refund. (5) If the first Named Insured cancels the policy, we will retain no less than $100 of the premium. B. Condition 11. Nonrenewal of Section IV — Condi- tions is replaced by the following: 11. Nonrenewal If we decide not to renew this policy, we will send written notice of nonrenewal to you at least 60 days before: a. Its expiration date: or b. Its anniversary date, if it is a policy written for a term of more than one year and with no fixed expiration date. However, we are not required to send this no- tice if nonrenewal is due to your failure to pay any premium required for renewal. 2. We will send our nonrenewal notice by certified mail, or deliver it, to you at your last mailing address known to us. Page 2 of 2 C ISO Properties, Inc., 2001 CG 30 06 1101 INSURED can POLICY NUMBER: OCP 3994289-JJ r.,�..., „A ou ,T, _.�ictCIAL G-iNERA_ ... THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - DESIGNATED WORK This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Description of your work: 1. The design, manufacture, construction, fabrication, preparation, installation, application, maintenance or repair, including remodel- ing, service, correction, or replacement, of an "exterior insulation and finish system" (commonly referred to as synthetic stucco) or any part thereof, or any substantially similar system or any part thereof, including the application or use of conditioners, primers, accessories, flashings, coatings, caulkings or sealants in connec- tion with such a system. 2. Any work or operations with respect to any exterior component, fixture or feature of any structure if an "exterior insulation and finish system" is used on any part of that structure. This exclusion applies to "your work" described in Paragraph 1. or Paragraph 2. above performed by you or on your behalf. For the purposes of this endorsement, an "exterior insulation and finish system" means an exterior cladding or finish system used on any part of any structure, and consisting of: a) a rigid or semi -rigid insulation board made of expanded polystyrene or other materials, and b) the adhesive and/or mechanical fasteners used to attach the insulation board to the substrate, and c) a reinforced base coat, and d) a finish coat providing surface texture and color. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) This insurance does not apply to bodily injury or property damage' included in the products -completed opera- tions hazard' and arising out of your work' shown in the Schedule. Page t of 1 O CG 21 34 01 87 Copyright, Insurance Services Office, Inc., 1986 INSURED GOP: 0 •MMERCIAL GENERAL LIABILITY CG 26 44 11 95 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ CAREFULLY. ARKANSAS CHANGES - NON -BINDING ARBITRATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTION LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY If we and the insured do not agree whether cover- age is provided under this Coverage Part or Policy for a claim made against the insured, both parties may, by mutual consent, agree in writing to arbi- tration of the disagreement. If both parties agree to arbitrate, each party will se- lect an arbitrator. The two arbitrators will select a third. If they cannot agree within 30 days, both par - tics must request that selection be made by a judge of a court having jurisdiction. Each party will: 1. Pay the expenses it incurs; and 2. Bear the expenses of the third arbitrator equally. CC 26 44 1195 Unless both parties agree otherwise, arbitration will take place in the county or parish in which the ad- dress shown in the Declarations is located. Local rules of law as to procedure and evidence will ap- ply. Any decision agreed to by the arbitrators may be appealed to a court of competent jurisdiction. Copyright, Insurance Services Office, Inc., 1995 Page I of 1 O INSURED CV I COMMERCIAL GENERAL LIABILITY CG 29 23 11 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARKANSAS CHANGES This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART A. Paragraph e. of the Cancellation Condition is re- placed by the following: e. (1) If this policy is cancelled, we will send the 'contractorany premium refund due. (2) We will refund the pro rata unearned pre- mium it the policy is: (a) Cancelled by us or at our request; (b) Cancelled but rewritten with us or in our company group; (c) Cancelled because you no longer have an insurable interest in the property or business operation that Is the subject of this insurance; or (d) Cancelled after the first year of a prepaid policy that was written for a term of more than one year. (3) If the policy is cancelled at the request of the first Named Insured or the contractor', other than a cancellation described In (2) (b), (c) or (d) above, we will refund 90% of the pro rata unearned premium. However, the refund will be less than 90% of the pro rata unearned premium if the refund of such amount would reduce the premium retained by us to an amount less than the minimum premium for this policy. (4) The cancellation will be effective even if we have not made or offered a refund. (5) If the first Named Insured or the contrac- tor' cancels this policy, we will retain the minimum premium shown in the Schedule. B. The following is added to the Cancellation Condi- tion (Section IV): g. Cancellation of Policies in Effect More Than 60 Days. (1) If this policy has been in effect more than 60 days or is a renewal policy, we may cancel only for one or more of the following rea- sons: (a) Nonpayment of premium; (b) Fraud or material misrepresentation made by you or with your knowledge in obtaining the policy, continuing the pol- icy or in presenting a claim under the policy; (c) The occurrence of a material change in the risk which substantially increases any hazard Insured against after policy issuance; (d) Violation of any local fire, health, safety, building or construction regulation or ordinance with respect to any insured property or its occupancy which sub- stantially increases any hazard insured against under the policy; (e) Nonpayment of membership dues in those cases where our by-laws, agree- ments or other legal instruments require payment as a condition of the issuance and maintenance of the policy; or (f) A material violation of a material provi- sion of the policy. CG 29 23 11 01 - © ISO Properties, Inc., 2001 Page 1 of 2 INSURED CDR' r, (2) If we cancel for nonpayment of premium, we will mail or deliver written notice of can- cellation, stating the reason for cancellation, to the first Named Insured and the'contrac- tor' at least 10 days before the effective date of cancellation. If we cancel for any other reason, we will mail or deliver notice of cancellation to the first Named Insured and the contractor at least 20 days prior to the effective date of cancellation. C. The following is added to Conditions (Section IV): 13. Multi -Year Policies We may issue this policy for a term in excess of twelve months with the premium adjusted on an annual basis In accordance with our rates and rules. D. The following Condition is added and supersedes any other provision to the contrary: NON RENEWAL 1. If we decide not to renew this policy, we will mail or deliver to the first Named Insured and the contractor' written notice of nonrenewal at least 60 days before: a. Its expiration date: or b. Its anniversary date, if it is a policy written for a term of more than one year and with no fixed expiration date. However, we are not required to send this no- tice if nonrenewal is due to your failure to pay any premium required for renewal. 2. We will mail or deliver our notices to the first Named Insured's and the contractor'slast mailing address known to us. If notice is mailed, proof of mailing will be sufficient proof of notice. Page 2 o12 © ISO Properties, Inc., 2001 iNSURED COP' CG 29 23 1101 SPECIFICATIONS MICROFILMED • AND • CONTRACT DOCUMENTS PREPARED FOR 1 1 1 1 PROJECT 1 1 1 1 PREPARED BY: ' GARVER ENGINEERS ' Garver Engineers, L.L.C. 3810 Front Street Suite 10 ' Fayetteville. Arkansas 72703-5217 479-527-9100 FAX 479-527-9101 MICROFILMED MAY 1 2 2003 f tiaf �e-'. • R' Bond No.: 3SBCSBS9564 ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND Given In compliance with Act 351 of 1953, amended. KNOW ALL BY THESE PRESENTS, That we, Mobley Contractors. Inc. as principal, hereinafter called Principal, and Hartford Fire Insurance Company a Connecticut Corporation, as Surety, hereinafter called Surety, are held and firmly bound unto as Obligee, hereinafter called Owner, in the amount of ONE MILLION SIX HUNDRED FORTY-FOUR THOUSAND FOUR HUNDRED TWO AND 38/100THS Dollars (51,644,402.38 for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives, successors and assign., jointly and severally, firmly by these presents. PRINCIPAL HAS, by written agreement dated entered into a contract with Owner for Old Missouri Road Improvements which contract is by reference made a part hereof, and is hereinafter referred to as the Contract THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall faithfully perform the Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he may suffer by reason of failure so to do and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any such default, and, further, that if the Principal shall pay all persons all indebtedness for labor or materials furnished or performed under said contract failing which such persons shall have a direct right of action against the Principal and Surety jointly and severally under this obligation, subject to the Owner's priority, then this obligation shall be null and void; otherwise it shall remain in full force and effect NO SUIT, ACTION OR PROCEEDING SHALL BE BROUGHT on this bond outside the State of Arkansas. No suit, action or proceeding shall be brought on this bond except by the Owner after six months from the date final payment is made on the Contract, nor shall any suit, action or proceeding be brought by the Owner after two years from the date on which the final payment under the Contract falls due. ANY ALTERATIONS WHICH MAY BE MADE in the ten s of the Contract, or in the work to be done underit, or the giving by the Owner of any extension of time for the performance of the Contract, or any other forbearance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety or Sureties, or either or any of them, their heirs, personal representatives, successors or assigns from their liability hereunder, notice to the Surety or Sureties of any such alteration, extension or forbearance being hereby waived. IN NO EVENT SHALL the aggregate liability of the Surety exceed the sum set out herein. Executed on this day of obi C tr Inc. _ Principal By Name Mobley Contractors, Inc. 705 Hatcher Springdale, AR, 72764 38SCSBS9564 IMPORTANT NOTICE TO OBLIGEES/POLICYHOLDERS - TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002, we must make terrorism coverage available in your bond/policy. However, the actual coverage provided by your bond/policy for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your bond/policy, any endorsements to the bond/policy and generally applicable rules of law. Any terrorism coverage provided by this bond/policy is partially reinsured by the United States of America under a formula established by Federal Law. Under this formula, the United States will pay 90% of covered terrorism losses exceeding a statutorily -established deductible paid by sureties/insurers until such time as insured losses under the program reach $100 billion. If that occurs, Congress will determine the procedures for, and the source of, any payments for losses in excess of $100 billion. The premium charge that has been established for terrorism coverage under this bond/policy is either shown on this form or elsewhere in the bond/policy. If there is no premium shown for terrorism on this form or elsewhere in the bond/policy, there is no premium for the coverage. Terrorism premium: I $0 Form B-3333-0 ® 2002, The Hartford Page 1 of 1 POWER OF ATTORNEY THE HARTFORD HARTFORD PLAZA ARTFORD, CONNECTICUT 08115 OX Hartford Fire Insurance Company Twin City Fire Insurance Company D 0 Hartford Casualty Insurance Company Hartford Insurance Company of Illinois Hartford Accident and Indemnity Company Hartford Insurance Company of the Midwest Hartford Underwriters Insurance Company Hartford Insurance Company of the Southeast 0 KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company, Twin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duty organized under the laws of the State of Florida: having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies') do hereby make, constitute and appoint, up to the amount of unlimited: Knight Cashion, Benson A. Cashion, Matthew Knight Cashion, Jr., Judy Schoggen, William H. Griffin, Cynthia L. Wadley, Sheilla J. Smith, Pamela K. Hays of Little Rock, AR 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(ies) only as delineated above by ®, 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 Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. • teas \,n„raw/' hMyV !07• : *t!T'4 '! 1971 `� ; . • . c Paul A. Bergenholtz. Assistant Secretary John P. Hyland. Assistant Vice President STATE OF CONNECTICUT } ss. Hartford COUNTY OF HARTFORD On this 19'" day of September, 2000, before me personally came John P. Hyland, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford. State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals: that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. • A>�e Jun H. M'omiaA CERTIFICATE Now) Public My Commission Eipires June 30.2004 I. the undersigned, Assistant Vice President of the Companies. 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 still in full force effective as of Signed and sealed at the City of Hartford. Goo 0187s� Colleen Mastroonni, Assistant Vice President INSURANCE BINDER Atlantic Mutual Companies Insuring Company INSURANCE AND BONDS SIXTY (60) Day Binder THE INSURING COMPANY DOES HEREBY ACKNOWLEDGE ITSELF BOUND DURING THE PERIOD OF THIS BINDER FOR SUCH COVERAGES LISTED IN ITEM 2 AS INDICATED BY A LIMIT OF LIABILITYOR AMOUNT OF INSURANCE APPLICABLE THERETO ON THE RISK HEREIN DESCRIBED SUBJECT TO THE INSURING AGREEMENTS. EXCLUSIONS. CONDI. TIONS. AND OTHER TERMS OF THE POLICY FORM PROVIDED THE COMPANY'S UNDERTAKING HEREUNDER SHALL BE WITH RESPECT ONLY TO SUCH COVERAGES AS ARE AFFORDED BY IT UNDER THE POLICY FORM 1. Mobley Contractors, Inc. NAME OF INSURED & All Sub -Contractors, ATIMA ADDRESS P.O. Box 150 2. Type of Coverage 3. BUILDERS RISK COVERAGE Special Incl Theft DEDUCTIBLE $ 2,500 JOB Asphalt Pavement, Overlay, W culverts, retaining walls, water & Fayetteville, Old Missouri Road THE APPLICABLE RULES AND RAGE IS IN EFFECT ACCFPTA THE DATE OF MAILING. OCCUPATION Limits of Liability or Amount of Insurance 1,644,402 PROJECT LIMIT 165,000 TRANSIT LIMIT 165,000 TEMPORARY LOCATION LIMIT ing, Sidewalks, curbs, er relocation for City Of SE BY THE COMPANY WHEN THIS BINDER BECOMES EFFEC. OLICY IN PLACE HEREOF SHALL RENDER THIS BINDER NULL iED OR BY THE AGENT BY MAILING TO THE COMPANY WRIT - MAY BE CANCELED BY THE COMPANY BY MAILING TO THE ' BEFORE 1201 AM- THE THIRD BUSINESS DAY FOLLOWING ;HALL BE EQUIVALENT TO MAILING THIS BINDER EFFECTIVE THIS BINDER ISSUED DATE 5/12/03 HOUR 12:01 A.M. DATE 5/08/03 Ld'e43 THE CA5K1ON COMP"" ti 321 SCOTT ♦ P.O. BOX 550 ♦ LITTLE ROCK, ARKANSAS ♦ 501-376.0716 ♦ FAX (501) 376.2118 INSURANCE BINDER Zurich Commerical Insuring Company INSURANCE AND BONDS SIXTY (60) Day Binder THE INSURING COMPANY DOES HEREBY ACKNOWLEDGE ITSELF BOUND DURING THE PERIOD OF THIS BINDER FOR SUCH COVERAGES LISTED IN ITEM 2 AS INDICATED BY A LIMIT OF LIABILITY OR AMOUNT OF INSURANCE APPLICABLE THERETO ON THE RISK HEREIN DESCRIBED SUBJECT TO THE INSURING AGREEMENTS. EXCLUSIONS. CONOI. TIONS. AND OTHER TERMS OF THE POLICY FORM PROVIDED THE COMPANY"5 UNDERTAKING HEREUNDER SHALL BE WITH RESPECT ONLY TO SUCH COVERAGES AS ARE AFFORDED BY IT UNDER THE POLICY FORM 1 NAME OF INSURED City Of Fayetteville ADDRESS 113 West Mountain 2. Type of Coverage OWNER'S & CONTRACTOR'S PROTECTIVE LIABILITY CONTRACTOR Mobley Contractors, Inc. 705 Hatcher Springdale, AR 72764 JOB Asphalt Work, Overlay, widening, sidewalk construction, curbs, culverts, retaining walls water & sewer line relocation at Old Missouri Road, Fayetteville CONTRACT AMT $ 1,644,402. INCLUDE ENGINEER AS ADDITIONAL INSURED Garver Engineers, LLC 3810 Front Street, Ste 10 Fayetteville, AR 72703 OCCUPATION Limits of Liability or Amount of Insurance $ 1,000,000 $ 2,000,000 OCCURRENCE AGGREGATE "IN THE EVENT OF CANCELLATION OR MATERIAL CHANGE THAT REDUCES OR RESTRICTS THE INSURANCE AFFORDED BY THIS POLICY, WE AGREE TO MAIL (30) DAYS WRITTEN NOTICE OF CANCELLATION OR MATERIAL CHANGE TO OWNER AND ARCHITECT. I' 3. A PREMIUM CHARGE IN ACCORDANCE WITH THE APPLICABLE RULES AND RATES OF THE MANUAL IN TIVE SHALL BE MADE FOR THE PERIOD COVERAGE IS IN EFFECT ACCEPTANCE BY THE INSURED OF A AND TO THE AGENT WRIT )N SHALL BE EFFECTIVE. THIS BINDER EFFECTIVE DATE CI - I DATE 5/12/03 THE CASHILON COM 'HEN THIS BINDER BECOMES EFFEC. F SHALL RENDER THIS BINDER NULL BY MAILING TO THE COMPANY WRIT. THE COMPANY BY MAILING TO THE F. THIRD BUSINESS DAY FOLLOWING TO MAILING THIS BINDER ISSUED 321 SCOTT ♦ P. O. BOX 550 ♦ LITTLE ROCK, ARKANSAS ♦ 501-376-0716 ♦ FAX (501) 376-2118 ACORQ, CERTIFICATE OF LIABILITY INSURANCE DATE 5/08031 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The Cashion Company, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 550 HOLDER. THIS CERTIFICATE DOES ALTER THE COVERAGE AFFORDED NOT AMEND, EXTEND OR BY THE POLICIES BELOW. Little Rock, AR 72203 501-376-0716 INSURERS AFFORDING COVERAGE INSURED Mobley Contractors, Inc. P.O. Box 150 INSURER A: Zurich US -- INSURER B: Royal Ins Co Of America Morrilton AR 72110 INSURER C: INSURER D: INSURER E. I COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONLTR UNITS A GENERAL LSASILZTY CP03991001 4/23/03 4/23/04 EACH OCCURRENCE 1 1000000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE Any one D,•) 1 100000 CLAIMS MADE a OCCUR MED EXP (AM w p.t.on) 1 5000 PERSONALS ADV INJURY 1 1000000 GENERAL AGGREGATE 1 2000000 GEN-L AGGREGATE UMIT APPLIES PER: PRODUCTS - COMP/OP AGG 1 1000000 POLICY PRO LOC A AUTOMOBILE UASILITY ANY AUTO BAP3991002 4/23/03 4/23/04 COMBINED SINGLE LIMIT IEPK<IWnU 1 1000000 X BODILY INJURY IPM pMlpl) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY IP" ACCICPnij 1 HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE IPM ACGOFnt) I GARAGE LIMRTY AUTO ONLY - EA ACCIDENT 1 OTHER THAN EA ACC 1 ANY AUTO 1 AUTO ONLY: AGG B EXCESS UAUIUfY P2HN020920 4/23/03 4/23/04 EACH OCCURRENCE 4 4000000 OCCUR CLAIMS MADE AGGREGATE 1 4000000 1 DEDUCTIBLE RETENTION 1 10000 X _ • A • WORBERS COMPENSATION AND EMPLOYERS' LWRJTY WC3991000 4/23/03 4/23/04 X WC STATU LI OTIERH� E.L. EACH ACCIDENT 1 100000E E.L. DISEASE - EA EMPLOYEE $ 1000000 E.L. DISEASE. POLICY LIMIT $ 1000000 OTHER DESCRIPTION OF OPEAATIONSAOCAT1ONS/VENICLES/EXCLUSIONS ADDED BY EMDORSEMFRT/SPECLLL PROVISIONS JOB: OLD MISSOURI ROAD IMPROVEMENTS CITY OF FAYETTEVILLE & GARVER ENGINEERS, LLC ADDED AS ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY COVERAGE CERTIFICATE HOLDER I I ADDITIONAL INSURED: INSURER LETTER: CANCELLATION CITY OF FAYETTEVILLE 113 WEST MOUNTAIN FAYETTEVILLE, AR 72701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED WORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER win XMItAVOM)EM MAa 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. 2- 22 F7 SPECIFICATIONS AND CONTRACT DOCUMENTS CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS OLD MISSOURI ROAD IMPROVEMENTS MARCH, 2003 PREPARED BY: GARVER I ENGINEERS 3810 Front Street Suite 10 Fayetteville, Arkansas 72703 Phone: (479) 527-9100 Fax: (479) 527-9101 www.garvcrinc.com MAY 1 2 2003 ��UUJJ I I H I 7 I H H H H I CITY OF FAYETI'EVILLE FAYETTEVILLE, ARKANSAS OLD MISSOURI ROAD IMPROVEMENTS ADDENDUM NO.2 April 18, 2003 To: All Bidders This addendum becomes a part of the "Specifications and Contract Documents". It shall be stapled (or otherwise securely fastened) behind the front cover page of the original documents. Proposals may not be accepted unless this addendum is so included. All provisions of the original "Specifications and Contract Documents" shall remain in full force and effect, except as modified by this Addendum No. 2. GENERAL INFORMATION There are fifteen (15) total pages (including the cover sheet to be faxed back to the Engineer) for Addendum No 2. MODIFICATION TO THE CONTRACT DOCUMENTS As a courtesy to the Contractor, soil -boring information is included in this Addendum. The Contractor may rely upon the general accuracy of the soil boring data contained in reports or drawings, but such reports and drawings are not Contract Documents. The Contractor may not rely upon or make any claim against Owner, Engineer, or 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 the Contractor and safety precautions and programs incident thereto, (2) other data, interpretations. opinions, and information contained in such reports or shown or indicated in such drawings, (3) any Contractor's interpretation of or conclusion drawn from any data, interpretations, opinions, or information. 2. Refer to page 00300 (3) to 00300 (6) in the UNIT PRICE SCHEDULE. The entire unit price schedule shall be removed from the contract documents and replaced with the following attached Unit Price Schedule. ' For further clarification, the changes to the Unit Price Schedule are summarized below for the Contractors use: a. Item TI-5.ld Thermoplastic Pavement Marking — 9" White Crosswalk was ' duplicated in the original unit price schedule. Only one quantity of 2,000 linear feet of Thermoplastic Pavement Marking — 9" White Crosswalk is in the Plans. b. Item U-8-5. I Utility Rock Excavation has been added to the Unit Price Schedule. ' 3. Refer to SECTION 00800 page (1 I ). SC -10.06 Authority for Changes in the Work has changed. Delete all language under this section. and replace it with the following. ' "CONTRACTOR shall note and abide by the following limits of authority of OWNER and ENGINEER for changes in the Work which requires an increase in the overall Contract Price or Contract time. ' Page 1 of 3 (Addendum No. 2) H 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 - The authority of the Mayor will be determined at the City Council meeting where the Construction Contract is approved. All work which requires an increase in the overall Contract Price (greaser than the limit granted to the Ma ''or by the City Council) or Contract time or significant increase in any individual par item will require formal approval by the Fayetteville City Council." ' MODIFICATION TO THE TECHNICAL SPECIFICATIONS 1. Refer to SP -10 CONCRETE RETAINING WALL WITH TEXTURED FINISH. The City has selected the color of "Sahara" as Specified by Solomon Colors, as can be seen at www.solomoncolors.com/dryreadymixclrs2.htm. Another color that may be approved by the City is "Sandstone" by Davis Colors, as can be seen at wwv.,daviscolors.com/�roductsfMixReadv/xmxcolorcard.html, html. ' Other substantially matching colors from other manufacturers may be submitted by the Contractor for consideration. For a given manufacturer, the selected color bag weights (or volumes) shall be consistent during construction of the test panels and construction of the wall. Section SP -10-1.4 Submittal (Item No.) "6" shall be deleted from the specification and replaced with the following text. "A minimum of three (3) test panels four (4) feet by four (4) feet in area showing the textured wall ' finish shall he furnished by the Contractor in order to obtain the desired texture and color. These walls shall be constructed on the Contractor's storage and/or staging areas. These panels shall be constructed early in the project, so that the panels may dry and a final color selection can be ' confirmed. Beginning with the target color amount submitted by the Contractor and approved by the City for the first test panel, the amount of color will be reduced in increments as directed by the City for the second and third test panels. The following example is for "Sahara" by Solomon Colors: First Panel: Sahara I bag of color per two cubic yards of concrete (as bid) Second Panel: Sandstone I bag of color per four cubic yards of concrete Third Panel: undefined 1 bag of color per three cubic yards of concrete I The Contractor shall exhibit his quality control measures during the construction of these test panels. All color variations must be in whole bag (or other units as used by the selected manufacturer) increments; partial bags will not be allowed during the construction of the test panels. Constructing, maintaining until otherwise directed, and removal of the test panels shall not be paid for directly but shall be considered subsidiary to the other bid items. H Ii Regardless of the manufacturer and color selected by the Contractor and approved by the City for the test panels, a three -color variation will be required, with color increments/amounts for each of the three test panels established by the City. The Contractor should base his bid price on the City approved colors indicated herein. If the City approves a lighter shade of that color, the Contractor Page 2 of 3 (Addendum No. 2) r I I I I n I I I I I may be required to reduce his unit price consistent with the reduction in cost for less color additive. At the time the three test panels are formed the City may require the Contractor to submit the price reduction in terms of a per cubic yard price in order to assist the City in the decision process. The basis for the price reduction will be the Contractor's price from the Supplier for the color additive. Once an approved form liner and color has been obtained, the approved test panel will be used as a guide for obtaining the desired treatment for the concrete retaining walls. The approved test panel shall be considered typical for the finished color, texture, and thickness. Any deviation of color, texture, or thickness from the approved panel will be grounds for rejection, and the Contractor will be required to remove and replace those rejected areas at his expense." 2. Refer to SP -12 — WATER LINES. The following paragraph shall be added under section SP -12- 3.1 Excavation. "Rock encountered during excavation for water lines shall be defined and measured for payment in accordance with Section U-8 Utility Rock Excavation." Refer to SECTION E-1 SITE PREPARATION. The Contractor may be required to submit a breakdown of his bid item for "Site Preparation" for partial payment purposes. The "mobilization" part of Site Preparation shall not exceed 5 percent (5%) of the Total Amount Bid 4. Refer to SECTION E-2 EXCAVATION AND EMBANKMENT. The following paragraphs shall be added to Section E2 -3.1(a) regarding Rock Excavation. "Items encountered during excavation shall be considered "Rock" and paid for under the Bid Item of "Rock Excavation" if the encountered material cannot be excavated with conventional heavy duty equipment. Conventional heavy duty excavating equipment is hereby defined as a Caterpiller D -8R bulldozer with a single tooth ripper, a Caterpiller 330B track excavator equipped with a 36 - inch bucket and rock teeth, or equipment of similar power and capability." The Contractor should base his bid for "Rock Excavation" utilizing equipment such as a single tooth ripper on a large bull dozer or track excavator, a hocram or jackhammer or other suitable means. Blasting of rock will not be permitted." 5. Refer to SECTION U-1 SANITARY SEWER LINES. The following paragraph shall be deleted from Section UI-6.l Excavation. "Since rock may vary from cobbles to hard rock and from easily ripped shale to sandstone which requires blasting, the Contractor shall consult the standard details for trench details for trench design, bedding and backfill, and also make his own determination of rock quantities and construction techniques. Excavation of rock or any other material will not be a separate pay item." The following paragraph shall be inserted into Section U1-6.1 Excavation. "Rock encountered during excavation for sewer lines shall be defined and measured for payment in accordance with Section U-8 Utility Rock Excavation." 6. SECTION U-8 UTILITY ROCK EXCAVATION is a new specification and is attached to this addendum. Page 3of3 (Addendum No. 2) 613rubbs, Hoskyn 01-109 Barton&Wyatt, LOG OF BORIN NO. I Consul4np Engineen OLD MISSOURI ROAD IMPRUVEMENITS 1 Fayetteville, Arkansas TYPE: Auger LOCATION: Flint Creek Drive / Old Missouri Road 1 COHESION, TON/SO FT LL >F J In ° > •- o l:: • W.>LL. 0.2 OA 0.6 0.8 LO 7.1 1.4 a DESCRIPTION OF MATERIAL 1 p I I I I W N < 3 o PLASTIC WATER LIQUID Z p o Z LIMIT CONTENT LIMIT SURF.EL m + —4------1- I 70 20 30 40 50 60 70 1 Pbalt PavPmant __I AonrPnate_Base 7jiE" ___ Dense chert gravel with brown and 18 reddish -brown silty clay • 1 'S Light gray extremely weathered, Refusal A highly fractured limestone and chert with silty clay layers 1 5 e;_jsai 1 M I etusal alA - Auger refusal @ 7.5 ft ' I 1 •10- I � I I 1 H _ H I 1 15 1 I � I 1 2O 1 1 25 III __I I i I S � I I 1 ; COMPLETION DEPTH: 7.5 ft DEPTH TO WATER DATE: 3-30-01 IN BORING: Dry @ Completion DATE: 3-30-01 1 PLATE 1 II Grubbs, Hoskyn 01-109 Barton&Wyatt,. LOG OF BORIN NO. 2 JConsulbngEngineers OLD MISSOURI ROAD IMPROVEMENTS Fayetteville, Arkansas 1 2gI 0 TYPE: Auger/Rotary Wash LOCATION. 3340 Old Missouri Road 11 1 '- F— COHESION. TON/SQ FT iLLj LL O u l W l>L 0.2 0.4 0.6 0.8 1.0 1.2 1.4 a 1 g a DESCRIPTION OF MATERIAL a �, w > < 3 r m PLASTIC WATER LIQUID z Q N to a Z LIMIT CONTENT LIMIT SURF. EL: m + • -+ 10 20 30 40 50 60 70 Asphalt Pavpment 1 Dense chert gravel with' e reddish -brown silty clay 5; I • I 1 - with ora ' sandstone fragments 46 ®. • ! 23 1 1 11 Stiff light gray silty clay with 5 II 11 limestone fragments 50/s' I 1 1 Limestone Auger refusal @ 5.5 ft 1 qu =. 4,909 psi qu = 4,531 psi 1 i I 10 1 i III 1 15 1 I I ; 1 2p 1 r 25I i L 1 u 1 COMPLETION DEPTH: 11.0 y DEPTH TO WATER DATE'. 3-30-01 IN BORING: 4 Ii During Drilling DATE: 3-30-01 1 PLATE 2 j Grubbs, Hoskyr 01-109 Barton&Wyatt,... LOG OF BORIN NO. 3 Consulting Engineers OLD MISSOURI ROAD IMPROVEMENTS 1 Fayetteville, Arkansas TYPE Auger LOCATION: Approximately 350 ft North of B2 ' COHESION, TONISQ FT LL ^ LL J W H O W W > a 0.7 04 0.E 08 1.0 t2 to p a DESCRIPTION OF MATERIAL a p M1 a > H p' PLASTIC WATER LIQUID o p 0) 0 IZ LIMIT CONTENT LIMIT Z SURF.EL m D + � 10 20 30 C 50 60 70 ' Asphall PavPr Pn'_ l F" Stiff brown and reddish -brown silty clay with ferrous staining and chert 33 • I gravel V`l I I 1 a '� 18 37 Limestone a I efus I Auger refusal 5.5 ft 1 ► ►11 1 I 1 101 I 1 1•15- 1 1 20 1 25 i 1� 0 ,; 1 COMPLETION DEPTH. 5.5 h DEPTH TO WATER o DATE: 3-30-01 IN BORING. Dry @ Completion DATE: 3-30-01 1 PLATE 3 I Li H I I I I H I I I H H H I Grubbs, � 01 -log ��Barton ,,. & Wyatt, Wyatt LOG OF BORIN 1J 0. 4 Consulting Enginnn OLD MISSOURI ROAD IMPROVEMENTS Fayetteville, Arkansas TYPE: Auger/Rotary Wash LOCATION: Approximately 150 h South of B2 LL COHESION. TON/SQ FT >F 1yf~i TQ LU w 02 O4 0.6 0.6 1.0 1.2 14 12 DESCRIPTION OF MATERIAL p G i >' Q 3 PLASTIC WATER LIQUID U G m o i Z LIM:T CONTENT LIMIT Z SURF. EL: © IZ) +--- ----•------4- i 10 20 30 40 50 60 70 Stiff brown silty clay and limestone 1 gravel ' i 38 r� lI �lI e's 1 _ � .1' Limestone Ic _ .! I I 10 1 ii --� - 15 25 COMPLETION DEPTH: 12.0 ft DEPTH TO WATER DATE: 3-30-O1 IN BORING. Dry @ Completion DATE: 3-30-01 PLATE 4 t;rubbs, Hoskyn, • Barton&Wyatt, Inc. SYMBOLS AND TERMS L..ED ON BORING LOGS C I n r I H I I H (SHOWN IN SYMBOLS COLUMN) .1 fIfJj obc Gravel Sand Sill Clay Predominant type shown heavy SAMPLER TYPES (SHOWN ON SAMPLES COLUMN) INH11N Shelby Rock Split No Cutting Tube Core Spoon Recovery TERMS DESCRIBING CONSISTENCY OR CONDITION COARSE GRAINED SOILS (major portion retained on No. 200 sieve). Includes (I) Clean gravels and sands, and (2) silty or clayey gravels and sands. Condition is rated according to relative density, as determined by laboratory tests. DESCRIPTIVE TERM N -VALUE RELATIVE DENSITY VERY LOOSE 0-4 0-15% LOOSE 4-10 15-35% MEDIUM DENSE 10-30 35-65% DENSE 30-50 65-85% VERY DENSE 50 and above 85-100% FINE GRAINED SOILS (major portion passing No. 200 sieve): Includes (1) Inorganic and organic silts and clays, (2) gravelly, sandy, or silty clays, and (3) clayey silts. Consistency is rated according to shearing strength, as indicated by penetrometer readings or by unconfined compression tests. DESCRIPTIVE TERM VERY SOFT SOFT FIRM STIFF VERY STIFF HARD UNCONFINED COMPRESSIVE STRENGTH TON/SQ. FT. Less than 0.25 0.25-0.50 0.50-1.00 1.00-2.00 2.00-4.00 4.00 and higher ' NOTE: Slickensided and fissured clays may have lower unconfined compressive strengths than shown above, because of planes of weakness or cracks in the soil. The consistency ratings of such soils are based on penetrometer readings. TERMS CHARACTERIZING SOIL STRUCTURE ' SLICKENSIDED - having inclined planes of weakness that are slick and glossy in appearance. FISSURED containing shrinkage cracks, frequently filled with fine sand or silt; usually more or less vertical. LAMINATED - composed of thin layers of varying color and texture. ' INTERBEDDED - composed of alternate layers of different soil types. CALCAREOUS - containing appreciable quantities of calcium carbonate. WELL GRADED - having a wide range in grain sizes and substantial amounts of all intermediate ' particle sizes. POORLY GRADED - predominantly of one grain size, or having a range of sizes with some intermediate sizes missing. I ' nl Terms used on this report for describing soils according to their texture or grain size distribution are in accordance with the UNIFIED SOIL CLASSIFICATION SYSTEM, as described in I PLATE 5 I U-8 - UTILITY ROCK EXCAVATION DESCRIPTION ' U8 -1.l This section covers the excavation of rock when constructing water or sewer lines. ' MATERIALS US -2.I Items encountered during excavation for water or sewer lines shall be considered ' "Rock" and paid for under the Bid Item of "Utility Rock Excavation" if the encountered material cannot be excavated with conventional heavy duty equipment. Conventional heavy duty excavating equipment is hereby defined as a Caterpiller D -8R bulldozer with a single tooth ' ripper, a Caterpiller 330B track excavator equipped with a 36 -inch bucket and rock teeth, or equipment of similar power and capability." H I I I H H II CONSTRUCTION METHODS U8 -3.I The Contractor should base his bid for "Utility Rock Excavation" utilizing equipment such as a single tooth ripper on a large bull dozer or track excavator, a hoeram or jackhammer or other suitable means. Blasting of rock will not be permitted. The Contractor shall consult the details in the Plans as necessary for trench design, bedding and backfill, and other items that might be affected by a trench cut into rock. METHOD OF MEASUREMENT U8-4.1 Work completed under this item shall be measured by the cubic yard (CY). This item shall include all materials, tools, labor, and incidentals necessary to complete the work as described above. Measurements for payment will be made according the details shown in the Plans. Payment will not be made for excess excavation. BASIS OF PAYMENT U8-5.1 Utility Rock Excavation acceptably completed and measured as provide above, will be paid for at the contract unit price bid per cubic yard for "Utility Rock Excavation," which price shall be full compensation for excavating, hauling, disposing; and for all equipment, tools, labor and incidentals necessary to complete the work. Payment will be made under: Item U8 -5.I Utility Rock Excavation - per cubic yard END OF SECTION U-8 Old Missouri Road Improvements U8-1 (Addendum No. 2) 016050 I I H In L I I H I I I H H H I J U U I CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS OLD MISSOURI ROAD IMPROVEMENTS ADDENDUM NO.I April 14, 2003 To: All Bidders This addendum becomes a pan of the "Specifications and Contract Documents". It shall be stapled (or otherwise securely fastened) behind the front cover page of the original documents. Proposals may not be accepted unless this addendum is so included. Inserts to the technical specifications should be inserted in the proper location in the specifications. All provisions of the original "Specifications and Contract Documents" shall remain in full force and effect, except as modified by this Addendum No. 1. MODIFICATION TO THE SPECIFICATIONS 1. Refer to E-4 "Trench and Excavation Safety Systems" in the contract documents. The City of Fayetteville wishes for all perspective bidders to have a copy of the Occupational Safety and Health Administration Standard for Excavation and Trenches Safety System, 29 CFR 1926, Subpart P. This addendum contains this document. Page I of I (Addendum No. 1) I I I1 I I I H I I 11 H I I I 'Name: (35tsm.a4L Date: CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS OLD MISSOURI ROAD IMPROVEMENTS SPECIFICATIONS AND CONTRACT DOCUMENTS I hereby certify that the Old Missouri Road Improvements Plans and Specifications were prepared by me or under my direct supervision and that I am duly Licensed Engineer under the laws of the State of Arkansas. (Seal) /ASU1§l AS -N 6B6ISTEg PROFESSIONAL Ex6Iflzg ,4 No. WIG &. Name: Date: I hereby certify that the Old Missouri Road Improvements Plans and Specifications were prepared by me or under my direct supervision and that I am duly Licensed Engineer under the laws of the State of Arkansas. (Seal) S NGINEER ♦ ♦ 4 NO.10o4A L I I hereby certify that the Old Missouri Road Improvements Plans and Specifications were 1 prepared by me or under my direct supervision and that I am duly Licensed Engineer under the laws of the State of Arkansas. (Seal) • C t [ A8 1 SIONALEE11ILS(3S' ' Name: z2,!✓ Date: 1 CERTIFICATE OF AUTHORIZATION BY GARVER ENGINEERS, INC. 1 , %%tutiwuNiii�� j/ .GARVER \v,= •�wc INC. 'tS 1 =U• WE No. •23 . - 1 1 1 1 1 I SECTION 00005 TABLE OF CONTENTS OLD MISSOURI ROAD IMPROVEMENTS SECTION NO. TITLE PAGES ' 00005 TABLE OF CONTENTS...............................................................00005-1 TO 00005-3 00020 ADVERTISEMENT FOR BIDS ....................................................00020-I TO 00020-2 BIDDING REQUIREMENTS 00100 INSTRUCTIONS TO BIDDERS ...................................................00100-I TO 00100-10 ' 00300 BID FORM.....................................................................................00300-I TO 00300-7 00350 BID BOND.....................................................................................00350-1 TO 00350-2 NOTICE OF SELECTION.............................................................00350-3 CONTRACT FORMS AND CONDITIONS 00500 AGREEMENT FORM BETWEEN OWNER ' & CONTRACTOR.........................................................................00500-1 TO 00500-6 CONSTRUCTION PERFORMANCE BOND -EXHIBIT A .........00500-7 CONSTRUCTION PAYMENT BOND - EXHIBIT B ..................00500-8 CERTIFICATES OF INSURANCE - EXHIBIT C ........................00500-9 ' NOTICE TO PROCEED................................................................00500-10 00700 GENERAL CONDITIONS............................................................1 TO 42 00800 SUPPLEMENTARY CONDITIONS.............................................00800-I TO 00800-15 ' SPECIFICATIONS DIVISION I - GENERAL REOUIREMENTS ' 01010 SUMMARY OF WORK................................................................01010-I TO 01010-3 01025 MEASUREMENT AND PAYMENT............................................01025-1 TO 01025-3 01035 MODIFICATION PROCEDURE ..................................................01035-I TO 01035-3 01040 COORDINATION AND MEETINGS...........................................01040-I 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 01410 TESTING LABORATORY SERVICES.......................................01410-1 TO 01410-3 01500 CONSTRUCTION FACILITIES & TEMPORARY ....................01500-1 TO 01500-5 ' CONTROLS 01620 STORAGE AND PROTECTION ..................................................01620-1 TO 01620-2 01630 PRODUCT OPTIONS AND SUBSTITUTIONS..........................01630-1 TO 01630-2 ' 01700 CONTRACT CLOSEOUT.............................................................01700-I TO 01700-5 I I Old Missouri Road Improvements 00005(l) I' I DIVISION 2 -TECHNICAL SPECIFICATIONS TITLE PAGE Special Provisions SR -I AHTD SPECIFICATIONS SP -1 SP -2 CONCRETE PAVERS SP -2 ' SP -3 PVC CONDUIT SP -3 SP- RELOCATION OF ELECTRIC SCHOOL CROSSING SIGN SP -4 SP -5 FLOWABLE FILL SP -5 ' SP -6 CITY OF FAYETTEVILLE - LANDOWNER SIDE LETTERS AND ADDITIONAL UTILITY COORIDINATION SP -6 SP -7 BIODEGRADABLE STAKES SP -7 ' SP -8 WOOD FENCE SP -8 SP -9 TREE PRESERVATION SP -9 SP -10 CONCRETE RETAINING WALLS WITH TEXTURED FINISH SP -10 SP -I 1 DETECTABLE WARNING SYSTEM SP -11 ' SP -12 WATER LINES SP -12 SP -I3 REMOVE AND RELOCATE FENCE SP -13 Earthwork SECTION E-1 SITE PREPARATION E-1-1 SECTION E-2 EXCAVATION AND EMBANKMENT E-2-1 SECTION E-3 EXCAVATION FOR STRUCTURES E-3-1 SECTION E-4 TRENCH AND EXCAVATION SAFETY SYSTEMS E-4-1 Pavements SECTION P-1 AGGREGATE BASE COURSE P-1-1 SECTION P-2 PRIME AND TACK COATS P-2-1 SECTION P-3 ASPHALT CONCRETE HOT MIX SURFACE AND BINDER COURSES P-3-1 SECTION PA NOT USED SECTION P-5 DRIVEWAYS, DRIVEWAY EXTENSIONS, AND APRONS P-5-1 Incidental Construction SECTION 1-1 MAINTENANCE OF TRAFFIC 1-1-1 SECTION 1-2 CONCRETE DITCH PAVING 1-2-1 SECTION 1-3 PIPE CULVERTS 1-3-1 SECTION 1-4 PRECAST REINFORCED CONCRETE BOX CULVERTS 1-4-I SECTION 1-5 DROP INLETS AND JUNCTION BOXES 1-5-1 SECTION 1-6 MANHOLES, DROP INLETS, AND JUNCTION BOXES ADJUSTED TO GRADE 1-6-I SECTION 1-7 NOT USED SECTION 1-8 PAVEMENT REPAIR 1-8-I SECTION 1-9 GUARDRAIL 1-9-1 SECTION I-10 FENCES 1-10-1 SECTION 1-11 SEEDING 1-11-1 Old Missouri Road Improvements 00005 (2) I' '1 El Ii I SECTION I-12 TEMPORARY EROSION CONTROL 1-12-1 SECTION 1-13 SOLID SODDING 1-13-1 SECTION 1-14 TOPSOIL 1-14-1 SECTION 1-15 NOT USED SECTION 1-16 SIDEWALKS AND STEPS 1-16-1 SECTION 1-17 CURB AND GUTTER 1-17-1 SECTION 1-18 ROADWAY CONSTRUCTION CONTROL 1-18-I SECTION 1-19 MAILBOXES 1-19-1 Traffic Control SECTION T-1 THERMOPLASTIC PAVEMENT MARKING Structures SECTION S-1 Miscellaneous SECTION M-1 SECTION M-2 SECTION M-3 SECTION M-4 SECTION M-5 SECTION M-6 SECTION M-7 Sewer Utilities SECTION U-1 SECTION U-2 SECTION U-3 SECTION U-4 SECTION U-5 SECTION U-6 SECTION U-7 Water Utilities STRUCTURAL CONCRETE TEMPORARY SIDEWALKS AND SAFETY FENCE MODULAR CONCRETE BLOCK RETAINING WALLS COLD MILLING STEEL ENCASEMENT PIPE PIPE EMBEDMENT GALVANIZED STEEL HANDRAILS WATER FOR DUST CONTROL T-1-1 S-1-1 M-1-1 M-2-1 M-3-1 MA -1 M-5- I M-6-1 M-7-1 SANITARY SEWER LINES U-1-1 MANHOLES U-2-1 SEALING OF MANHOLE FRAMES U-3-1 MANHOLE FRAMES AND COVERS AND INSTALLATION OF U-4-1 WATERTIGHT INSERTS MANHOLE TESTING U -5-I ABANDONMENT OF EXISTING SANITARY SEWER MANHOLES U-6-1 RELOCATION OF SANITARY SEWER SERVICE U-7-1 SECTION W -I NOT USED SECTION W-2 VALVE AND METER BOXES ADJUSTED TO GRADE Old Missouri Road Improvements 00005 (3) W-2-1 I Section 00020 ADVERTISEMENT FOR BIDS BID NO. 03-20 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 2:00 p.m. (local time) on Tuesday, April 22, 2003 for furnishing all tools, materials, and labor and performing the necessary work for the Old Missouri Road Improvements Project in Fayetteville, Arkansas. At this time and place, all bids received will be publicly opened and read aloud. The work generally consists of: ' Asphalt pavement reconstruction, overlay, and widening; embankment construction; construction of sidewalks/trails, driveways, curbs, access ramps, reinforced concrete box culvert, reinforced concrete retaining walls, block walls, storm drainage pipe and ' structures; water and sewer line relocation; and all other items indicated in the Drawings and Specifications. The general location of the improvements is from just south of Rolling Hills Drive to the Mud Creek Bridge. ' Drawings, Specifications, and other Construction Contract Documents (Bidding Documents) are on file and may be examined at the office of the Engineering Department, City of Fayetteville and at the office of Garver Engineers. Bidding Documents can be purchased from Garver Engineers at: ' Garver Engineers (Phone: 479-527-9100) 3810 Front Street, Suite 10 (Fax: 479-527-9101) Fayetteville, AR 72703 The cost of the Bid Documents is $100.00. Partial Plan sets will not be sold. This amount should be made payable to Garver Engineers and is non-refundable. The bidders shall make such inspection and studies of the site of the work as to familiarize themselves with all conditions to be encountered. Bid security, as defined in the Instructions To Bidders, in the amount of 5 percent of the Bid must accompany the Bid. A mandatory pre -bid meeting will be held on -site for all perspective bidders. For further information see "Instruction to Bidders" in the Contract documents. ' The successful Bidder will be required to furnish a Performance Bond and a Payment Bond as security for the faithful performance and the payment of all bills and obligations arising from the performance of the Work. ' No Bids may be withdrawn within a period of 60 days after the date fixed for opening Bids. ' Bidders must be licensed under the terms of Act 150, Arkansas Acts of 1965, as amended. The City of Fayetteville hereby notifies all bidders that this contract is subject to applicable labor laws, non- discrimination provisions, wage rate laws, and other federal laws including the Fair Labor Standards Old Missouri Road Improvements 00020 (1) LII H I II I I J II I I I I I I Acts of 1938. The Work Hours Act of 1962 and Title VI of the Civil Rights Act of 1964 also apply. "Pursuant to Ark. Code Annotated 22-9-203, the City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions oftheir contract to qualified small, minority, and women business enterprises." The City Council reserves the right to reject any or all bids, to waive irregularities in the Bids and bidding deemed to be in the best interests of the City Council, and to reject nonconforming, nonresponsive, or conditional Bids. Peggy Vice, Purchasing Officer IOld Missouri Road Improvements 00020 (2) I Section 00100 INSTRUCTIONS TO BIDDERS I DEFINED TERMS 1.1 Terms used in these Instructions to Bidders which are defined in the General Conditions have the meanings assigned to them in the General Conditions. Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof. I1.2 Bidder - one who submits a Bid directly to Owner as distinct from a sub -bidder, who submits a bid to a Bidder. I1.3 Issuing Office - the office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. ' 1.4 Successful Bidder - the lowest, responsible, and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. ' 1.5 Pre -Bid Meeting — a meeting between the plan holders, the Engineer, and the City prior to the submission of the bids. ' 2 COPIES OF BIDDING DOCUMENTS ' 2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement for Bids may be obtained from the Issuing Office. ' 2.2 Complete sets of Bidding Documents must be used in preparing Bids. Neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. ' 2.3 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any ' other use. 3 EXAMINATION OF SITE AND CONTRACT DOCUMENTS 3.1 Bidders are advised that the Drawings and Specifications are on file at the City of Fayetteville Engineering Department, and shall constitute all of the information which the Owner shall ' furnish. No other information given or sounding made by the Owner or any official thereof, prior to the execution of said contract, shall ever become a part of, or change the contract, drawings, specifications and estimates, or be binding on Owner. Old Missouri Road Improvements 00100 (1) I Prior to submitting any Bid, Bidders are required to: read carefully the Specifications, contract, and Bonds; examine carefully all Drawings; visit the site of the Work to carefully examine local conditions; inform themselves by their independent research and sounding of the difficulties to be ' encountered, and all attending circumstances affecting the cost of doing the work, and the time specified for its completion; and obtain all information required to make an intelligent bid. 3.2 Bidders shall rely exclusively upon their surveys, estimates, investigations, and other things which are necessary for full and complete information upon which the bid may be made and for which a contract is to be awarded. The Bid Form, providing for unit and lump sum prices bid by ' the Contractor, contains a statement that all bids are made with the full knowledge of the difficulties and conditions that may be encountered, the kind, quality and quantity of the plans, work to be done, excavation, and materials required and with full knowledge of the drawings, ' profiles, specifications, and estimates and all provisions of the contract and Bonds. 3.3 Bidders shall promptly notify Engineer ofall conflicts, errors, ambiguities, or discrepancies which Bidder has discovered in or between the Contract Documents and such other related documents. ' 3.4 Information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities or others, and Owner and Engineer do not assume responsibility for the accuracy or completeness thereof unless it is 'expressly provided otherwise in the Supplementary Conditions. 3.5 On request, Owner will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests, and studies. 3.6 Reference is made to the General Requirements for the identification of the general nature of t work that is to be performed at the site by Owner or others (such as utilities and other prime contractors) that relates to the work for which a Bid is to be submitted. On request, and as available, Owner will provide to each Bidder, for examination, access to or copies of Contract Documents (other than portions thereof related to price) for such work. 3.7 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder ' has complied with every requirement of this Article 3, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences, or procedures of construction (if any) that may ' be shown or indicated or expressly required by the Contract Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has ' discovered in the Contract Documents and that the written resolutions thereof by Engineer are acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 1 Old Missouri Road Improvements 00100 (2) II II I II I II J I I I I I I I I 3.8 A MANDATORY pre -bid meeting will be held for this project on -site at 10:00 am on Monday, April 14. Potential bidders representatives shall parallel park along Farr Lane. A potential bidder's representative must be present at this pre -bid meeting in order his/ her bid to be considered eligible at the time bids are submitted. If a bid is submitted from a Contractor who was not present at the pre -bid conference, his/ her bid will not be accepted, will be considered non -responsive, and will not be read allowed. It is recommended, but not mandatory, that sub -contractors be present at the pre -bid conference. To help maximize the time on site, the Contractor shall have already inspected the site as outlined Section 3.1, have questions ready for the Engineer, and bring the Plans and Specifications to the meeting. 4 AVAILABILITY OF LANDS FOR WORK AND WORK BY OTHERS 4.1 The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 5 INTERPRETATION OF CONTRACT DOCUMENTS AND ADDENDA 5.1 If any person contemplating submitting a bid for construction of the Work is in doubt as to the true meaning of any part of the proposed Contract Documents or finds discrepancies in or omissions from any part of the proposed Contract Documents, he should submit a written request for interpretation thereof to the Engineer not later than seven days before the date set for bid opening. The person submitting the request shall be responsible for its prompt delivery. 5.2 Interpretation or correction of proposed Contract Documents will be made only by Addendum to all holders of Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Owner will not be responsible for any other explanations or interpretations of the proposed Contract Documents. 5.3 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. 6 APPROXIMATE ESTIMATE OF QUANTITIES 6.1 Engineer's estimate of quantities, on file at the City Engineer's office, is approximate only and shall be the basis for receiving unit price bids for each item but shall not be considered by Bidders as actual quantities that may be required for the completion of the proposed work. However, such quantities, at the unit and lump sum prices bid for each item, shall determine the amount of each I, Old Missouri Road Improvements 00100 (3) I [I 11 I I I E I I I P1 F1 �J J I I I 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. UNIT PRICES 7.1 Bidders must state a price for each item of work named in the Bid Form. Unit and Lump Sum prices shall include amounts sufficient for the furnishing of all labor, materials, tools, equipment, and apparatus of every description to construct, erect, and finish completely all of the work as called for in the Specifications or indicated on the Drawings. 7.2 Prices bid on the various items in the Bid Form shall bear a fair relationship to the cost of the work to be done. Bids which appear unbalanced and are deemed not to be in the best interest of Owner may be rejected at the discretion of Owner. 7.3 By submission of a Bid, Bidder represents that Bidder has considered the entire Project and the Work required, and has reviewed the Drawings and Specifications to verify the full scope of the Work. BID FORM 8.1 Bids are due as indicated in the Advertisement For Bids. 8.2 Bids must be made out in ink on the Bid Form included in these Bidding Documents. Bid Form shall not be removed from the bound Project Manual, nor shall bids be submitted on a photocopy of the Bid Form. The unit price or lump sum bid for each item must be stated in figures in the appropriate blank spaces provided on the Bid Form. The figures must be clear and distinctly legible so that no question can arise as to their intent and meaning. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 8.3 Bids which are incomplete, unbalanced, conditional, or obscure or which contain additions not called for, erasures, alterations, or irregularities of any kind or which do not comply with these Instructions to Bidders may be rejected as informal or non -responsive at the option of Owner. However, Owner reserves the right to waive technicalities as to changes, alterations, or revisions and to make the award in the best interest of Owner. 8.4 Address bids to Owner, and deliver to the address given in the Advertisement For Bids on or before the day and hour set for opening the bids. Enclose the completed Bid Form and Project Manual (Specifications and Contract Documents) in a sealed envelope bearing the title of the project, the name of the Bidder, Bidder's Arkansas Contractor's License number, and the date and hour of the bid opening. If this sealed envelope is delivered by a public carrier, it must be contained in another envelope addressed to Owner and the attention of the project name. It is the sole responsibility of Bidder to see that the Bid is received on time. IOld Missouri Road Improvements 00100 (4) 11 ' 8.5 No Bidder shall divulge the information in the Bid to any person whomsoever, except those having a partnership or other financial interest with him in the Bid, until after the bids have been opened. 9 SIGNATURE ON BIDS 1 9.1 If the Bid is made by an individual, the firm name must be given, and the Bid Form signed by the individual or a duly authorized agent. If the Bid is made by a partnership, the firm name and the names of each member must be given, and the Bid signed by a member of the partnership, or a person duly authorized. If the Bid is made by a company or corporation, the company or corporate name must be given and the Bid signed by an officer or agent duly authorized. The corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 9.2 All names must be typed or printed in black ink below the signature. 9.3 The address and telephone number for communications regarding the Bid must be shown. 9.4 Powers of attorney, properly certified, for agents and others to sign Bids must be in writing and filed with Owner. 9.5 The Bid shall also contain a signed acknowledgment of receipt of all Addenda. I 10 BID SECURITY 10.1 Bid security, in the form of a bid bond, certified check, or similar financial instrument, in the amount stated in the Advertisement For Bids, must accompany each bid. Bid bonds for the difference in price between low bidder and second low bidder will not be acceptable. The Successful Bidder's security will be retained until Owner receives a signed Agreement and ' required Bonds and Certificates of Insurance. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. 10.2 The Owner reserves the right to retain the security of the three low bidders until the Successful ' Bidder enters into the Contract or until 60 days after bid opening, whichever is sooner. Cash equivalent security of the second and third low bidder may be exchanged for an equivalent bid ' bond after bid tabulations are complete or 30 days after bid opening, whichever is sooner. If any Bidder refuses to enter into an Agreement, Owner may retain Bidder's bid security as liquidated damages but not as a penalty. I IOld Missouri Road Improvements 00100 (5) I Iii PERFORMANCE BOND AND PAYMENT BOND 11.1 Prior to signing the Agreement, Contractor shall furnish a surety performance Bond and a payment Bond, equal to one hundred percent of the contract price. 11.2 Contractor is to pay all expense in connection with the obtaining of said Bonds. The Bonds shall ' be conditioned that Contractor shall faithfully perform the contract and shall pay all indebtedness for labor and materials furnished or performed in the construction of such alterations and additions as prescribed in this contract. ' 11.3 The surety company issuing the Bonds must be a solvent company on the "Surety Companies Annual List" issued by the U.S. Department of the Treasury, and the Bonds are not to be issued in ' an amount greater than the underwriting limitations for the surety company as set out therein. 11.4 In Arkansas, prevailing law requires that performance and payment Bonds on public works ' contracts shall be executed by a resident local agent who is licensed by the Insurance Commissioner to represent the surety company executing said Bonds and filing with such Bonds ' his Power of Attorney as his authority. The mere countersigning of the Bonds will not be sufficient. 11.5 The date of the Bonds and date of the Power of Attorney shall be left blank. The Owner will fill ' in the dates upon execution of the contract. At least six originals of the Bonds shall be furnished, each with Power of Attorney attached. ' 11.6 Bonds are to be approved by Owner. If any Bonds contracted for become unsatisfactory or unacceptable to Owner after the acceptance and approval thereof, Contractor, upon being notified to that effect, shall promptly execute and furnish acceptable Bonds in the amounts herein specified. Upon presentation of acceptable Bonds, the unsatisfactory Bonds may be canceled at the discretion of Contractor. 12 CONTRACT TIME 1 12.1 The number of days within which, or the dates by which the Work is to be substantially completed and also completed and ready for final payment is outlined in the Bid Form. ' 13 LIQUIDATED DAMAGES 13.1 Provisions for liquidated damages, if any, are set forth in the Bid Form. ' 14 SUBCONTRACTORS SUPPLIERS AND OTHERS 14.1 Contractor shall not assign or sublet all or any part of this contract without the prior written approval of Owner nor shall Contractor allow such subcontractor to commence work until ' Old Missouri Road Improvements 00100 (6) I 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. 15 SUBSTITUTE AND "OR EQUAL" ITEMS ' 15.1 The contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or - equal" items. However, a substitute or "or -equal" item of material or equipment may be furnished ' or used by Contractor if acceptable to Engineer. Application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in the General Conditions and may be supplemented in the General Requirements. ' 16 COMPLIANCE WITH STATE LICENSING LAW 16.1 Contractors must be licensed in accordance with the requirements of Act 150, Arkansas Acts of I1965, the "Arkansas State Licensing Law for Contractors". Bidders who submit Bids in excess of $20,000 must submit evidence of their having a contractor's license before their Bids will be considered, and shall note their license number on the outside of the envelope containing the Bid ' Form and on the Bid Form. 17 QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS ' 17.1 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days after bid opening, upon Owner's or Engineers's request, detailed written evidence ' such as financial data, present commitments, and other such data as may be called for. Each Bid must contain evidence of Bidder's qualification to do business in the State of Arkansas. 18 DISQUALIFICATIONS OF BIDDERS 18.1 Any one or more of the following may be considered as sufficient for the disqualification of ' bidders and the rejection of Bids. 18.2 More than one Bid Form for the same work from an individual, firm, partnership, or corporation ' under the same or different names. I18.3 Evidence of collusion among bidders. Participants in such collusion may receive no recognition as bidders for any future work. 18.4 Unbalanced Bid Forms in which the prices for some items are out of proportion to the prices for other items, or changes written in, or amendments by letter, or failure to submit a unit price for each item of work for which a bid price is required by the Bid Form, or failure to include all required contract documents. ' Old Missouri Road Improvements 00100 (7) Li I ' 18.5 Lack of competency as revealed by the financial statement, experience, plant, and equipment statements submitted. Lack of responsibility as shown by past work judged from the standpoint ' of workmanship and progress. 18.6 A bid by an unlicensed contractor bidding under a licensed contractor's name. ' 18.7 Uncompleted work which, in the judgement of Owner, might hinder or prevent the prompt completion of additional work if awarded. 18.8 Being in arrears on existing contracts, in litigation with Owner, or having defaulted on a previous contract. 19 OPENING OF BIDS ' 19.1 Bids will be opened and read aloud publicly at the place where Bids are to be submitted in a room to be designated by Owner the day of the bid opening. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 20 CONSIDERATION OF BIDS ' 20. I After the bids are opened and read, the quantities will be extended and totaled in accordance with the bid prices of the accepted Bids. This review of the Bids will confirm the low bidder. 20.2 In evaluating Bids, Owner will consider the qualifications of Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data as may ' be requested in the Bid Form or prior to the Notice of Award. 20.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other ' persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner also may consider the operating costs, maintenance ' requirements, performance data, and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Selection. ' 21 RIGHT TO REJECT BIDS I 21.1 Owner reserves the right to reject any and all Bids, to waive technicalities, and to advertise for new bids. All Bids are subject to this reservation. Owner reserves to itself the right to decide which shall be deemed the lowest responsive and responsible Bid. Due consideration will be given to the reputation, financial ability, experience and equipment of the Bidder. IOld Missouri Road Improvements 00100 (8) I 21.2 Owner also reserves the right to waive informalities not involving price, time or changes in the 'Work and to negotiate contract terms with the Successful Bidder. 22 AWARDING OF CONTRACT 22.1 Owner reserves the right to withhold the awarding of a contract a reasonable period of time from ' the date of opening bids, not to exceed 60 days except with the consent of the Successful Bidder. The awarding ofa contract upon a successful Bid shall give the Bidder no right to action or claim against Owner upon the contract until the contract is reduced to writing and signed by the ' contracting parties. The letting of a contract shall not be complete until the contract is executed and the necessary Bonds approved. ' 23 RETAINAGE 23.1 Provisions concerning retainage and Contractor's rights to deposit securities in lieu of retainage are set forth in the Agreement. 24 SIGNING OF AGREEMENT ' 24.1 When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the number of unsigned counterparts of the Agreement as indicated in the Supplementary Conditions, ' with all other written Contract Documents attached. Within ten (10) days thereafter, Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds & Certificate of Insurance. Within ten (10) days thereafter Owner shall deliver one fully signed counterpart to Contractor. 25 MATERIALS GUARANTY 25.1 Before any contract is awarded Bidder may be required to furnish a complete statement of the ' origin, composition, or manufacture of any or all materials proposed to be used in the construction of the Work, together with samples, which may be subjected to tests provided for in the Specifications to determine their quality and fitness for the Work. 26 FAMILIARITY WITH LAWS ' 26.1 Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said ' laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Contractor will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the Contract. 1 [1 ' Old Missouri Road Improvements 00100 (9) 27 ADDITIONAL LAWS AND REGULATIONS Bidders' attention is called to the following laws and regulations which may have an impact on the Work and on the preparation of the Bid. 27.1 Americans With Disabilities Act 27.2 Storm water discharge regulations, enacted under the Clean Water Act and administered by the Arkansas Department of Environmental Quality (ADEQ) under a general permits program. Contractor may be required to obtain coverage under general permit ARR001000 prior to commencing work at the site. 27.3 Arkansas Act 291 of 1993, dealing with excavation safety, signed into law on March I, 1993. End of Instructions to Bidders Old Missouri Road Improvements 00100 (10) I Li L Li II I L I I E P1 I Section 00300 BID FORM Contract 03-20 Old Missouri Road Improvements Fayetteville, Arkansas Bid of'A1 91u' ' �(hereinafter called "Bidder"), a corporation, organized and existing under we laws of the State of -"-c or a partnership, or an individual doing business as To: City of Fayetteville, (hereinafter called "Fayetteville"): The Bidder, in compliance with Fayetteville's Advertisement for Bids on Monday, March 31, and Monday April 7,2003 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 fully complete the project within 270 consecutive calendar days after that agreed date as stipulated in the General Conditions. Bidder acknowledges receipt of the following addendum Addendum No. Subject / 54 is. 03 C1 Old Missouri Road Improvements 00300 (1) Apr-IF.i-O3 O1:SOP Garver Inc. Fayettevillw SO1 527-91O1 P.O5 CITY OF FAYETTEVILLE OLD MISSOURI ROAD IMPROVEMENTS UNIT PRICE SCHEDULE ITEM DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE AMOUNT SP -2-3.7 Concrete Pavers S.F. 550 _j4 at SP -3.5.1 2" PVC Conduit L.F. 25 � QC37• $P-4.5.1 Relocation of Electric School Crossing Sign EA. 1 7g8 O O TD S• B"V (:ity of Fayetteville - Landowner Side Letters and SP -6.4. I Additional Utility Coordination SP -x-5.1 Wood Rail Fence SP -9-5.1 Trcc Preservation SP -10-3.1 Concrete Retaining Wall with Textured Finish SP -I1-3.2 Detectahlc Warning Systnn SP -122-5.1a 6" PVC AWWA C-900 DR -14 Waterline SP- 12.5.Ib 8" PVC AWWA C-900 DR- 14 Waterline SP-12-S.Ic 6" M) Waterline Fillings SP -12.5.1 d 9" M) Waterline Fittings SP- 12-5.Ic 9" Gate Valve and Box SP -12.5.1 f Fire Hydrant Assembly SP -12-5i g 9"x 9" Tapping Sleeve. Valvc and Valve Box SP-12-5.Ih 6"x 6Tapping Stccve, Valve and Valve Box Standard Single Water MCICT Setting and SP -12-5.1 i Connection to cxisling "I souse" Scrvice 1.5" water Meter Setting and Connection to SP -12-5.I I existing "I louse" Scrvicc Line Connect Existing Watcr Service Line to Prnpoxcd SP- 12.5.1k Water Main SP -12-5.11 2" PVC Service Line and 2" Ball Valve SP -12-5.1 m Cut and Cap Existing 6" Watcr Main SP -12-5. In Cut and Cap Existing 9" Watcr Main 00300(2) (lid Missouri Road Lnprovemcnrs L.S. I /, P9*'. 7G L.F. 375 OXXX 8• �O 3 /J �• 0-0 L.S. I X''X//X g6S�. /G C.Y. 335 5(14 (0 /` /99687/• /S S.F. 125 5.�,fo [o SD. 6-o L.F. 124 ¢ • 7/ L.F. 3,404 3.733 /7 07/. 3.2, LB. 800 231 LB. 2,720 a•?D 4$$t. o0 EA. II /� 3-fl•O3 /4?s'233 LA. S 6s/.#'s EA. 2 LA. 3 .239.2.o7 7 /74. Al FA. 2 /, 609 7/ 3, a/9• f,Z LA 2 80__ _________ VA. EA. 9 3_7.88 q ____ EA. 2 EA. 3 X91 65/ 87 p9z EA. 2 `f3a2• 90 Q�vS.80 (Amendment No. 2) Apr -18-O3 O1:SIP Garver Inc- Fayetteville 5O1 527-91O1 P.O6 CITY OF FAYETTEVILLE • OLD MISSOURI ROAD IMPROVEMENTS UNIT PRICE SCHEDULE ESTIMATED UNIT ITEM DESCRIPTION UNIT QUANTITY PRICE AMOUNT ' SP -I3-6.1 Remove and Relocate Fence L.F. 400 G.Jo 4 J`i4• 0-0 ' Item E1-1.1 Site Preparation L.S. I XXX /fig, aeG-d6. D"D Item E2-6.1 Unclassified Excavation L.S. I XXX /&tio [• l^0 I Item E2.6.2 Undercut Excavation C.Y. 500 //0• /S D%So-o Item E2-6.3 Rock Excavation C.Y. 100 7_T' 51$0• D -O ' Item E4-S.I Trench and Excavahon Safety Sycicm L.S. I XXX l S/9. 33 Aggregate Base Courcc for Roadway / ' Item P I-S.la Improvements (Class 7) TON 3.500 /6'.�• /9 l03 1v3O. 00 Aggregate Base Cour.cc for Sanitary Sewer ,�,�� Item P 1-5. lb Baekfill (Class 7) TON 1,640 i% 54L off %6100 Item P3 -5.1a ACI IM Surface: Course TON 2.400 1•93,aka• ' Item P3-5. lb ACHM Binder Course TON 880 q•0.$ 35S(o0•g0 Item P5-5.1 Concrete Driveways S.Y. 600 33 tf o, 0/0• M Item 11.5.1 Maintenance of Traffic L.S. I XXX -.Z 3(2. t Item 12-4.1 Concrete Ditch Paving S.Y. 155 41/, 3 l gs. ' Item 11-6.71 IN Reinforced Concrete Pipe, Class III L.F. 572 .51. 67 ✓S g9. Item 13-6. lb 24" Reinforced Concrete Pipe. Class III L.F. 3R 7&. 8 9`/1.9i._ IItem I3 -6.1e 4R" Reinforced Concrete Pipe, Class III L.F. $ /7. %s /i �J 6 • ' 24" x 3N" Elliptical Reinforced Concrete Pipe, Item 13.6.td Class III L.F. 136 ,, • T/ /� .i_• 74 zf ' Item 13-6.le IN" Reinforced Concrete Flared End Section EAC'11 7 h6a• %S 3- a39 // Item `I' 13-6.11' 4x' Reinforced Concrete Flared End Section EACH 4 I, -7� //023.. 7/ L0 ' Item 13-6, Ig 24" Reinforced Concrete Flared End Scction EACI I I [09, L? - t0 �/ • fe / 24" x 3R" Elliptical Reinforced Concrete Flared Item I3 -6.I h End Section EACH 2 /CO rA 02 7 Item 14-5,11 5'x3' Precast Reinforced Concrete Box Culvert L.F. 72 o2c%3. A7 1% 5S/• o 00300 (3) Old Missouri Road Improvements (Amendment No. 2) Apr -)A-03 01:5]P Garver Inc. Fayetteville 501 527-9101 CITY OF FAYETTEVILLE OLD MISSOURI ROAD IMPROVEMENTS UNIT PRICE SCHEDULE P.07 ESTIMATED UNIT ITEM DESCRIPTION UNIT QUANTITY PRICE AMOUNT Item 14.5.1b 6'x3' Precast Reinforced Concrete Box Culvert L.F. 72 LII/2 aa 5o`/� Item 14-5,1c INS' Precast Reinforced Concrete Box Culvert L.F. 42 �� o%B Item PS -6.l a 4Curb Inlet EA. 22 aj ______ fl /3/. 3� Item PS-6.Ib 5' Curb Inlet EA. 1 ,P6.5 2 ?. ro,4.sa Item PS-6.Ie 4' f.xtcncion EA. I 1 / �y37 7.2 r, //44 9. Item PS-6.Id 8' Extension EA. 7 / '1 s�+ /O Item 16-5. la Adjust Manhole to Grade EA. 1 678. T3 (0//78. 7'3 Item IR-5. Ia Asphalt Pavement Repair S.Y. 100 /06. to /0 ro , 7- bD Item 18-S. lb Concreic Pavement Repair S.Y. 25 ,��/f,,S.l'f e' "/� Item is -5. Ic Temporary Pavement Repair S.Y. 50 •(2 0$/• 6-O Item 10.5.1 Guardrail (Type I) L.F. 50 5a.S0 02� �o'2S6"D Item 110A.1a Barbed Wire Fence L.F. 5.15 3 • yf• �+ �D7 `0 Item 1104.1 b 6 -ft Chain Link Fence L.F. I W 7- 05 73 5Tn Item 111-4.1 Seeding ACRE 2 S�OL•o�_ // /.SO Item 112-5.1 Temporary Erosion Control L.S. I XXX 4 7t4 73 Item 113-4,1 Solid Sodding S.Y. 6,650 a. (3 /i% t/?50 •.50 Item 116-S.la Concrete Sidewalk/Trail S.Y. 3,500 3/. /3 /O≤', 955. o -o ' Item 116.5.16 Concrete Step% F.A 3 7�. /, 4 7/ Item 117-5. Ia Concrete Curb and Gwter L.F. 7.200 '7.52) ��j O. e1O Item 117-5. 1 b 12" Concrete Curb L✓o- L.F. 60 9. 'I5 ! , 7 t m Ite119-4.1 It4G .1 Roadway Construction Control L.S. I XXX /9 / 97. 33 Item 119.6.1 Mailbox Relocation L.S. I XXX a. 70• .3 Item Tl-5.1K ThermnplasticPavement Marking L.F. 7.650 9 6" Yellow I 00300(4) Old Missouri Road Improvements (Amendment No. 2) I Apr -18-O3 O1.SIP Garver Inc. Fayetteville 5O1 527-91O1 P -OH ' CITY OF FAYETTEVILLE OLD MISSOURI ROAD IMPROVEMENTS UNIT PRICE SCHEDULE I ESTIMATED UNIT ITEM DESCRIPTION UNIT QUANTITY PRICE AMOUNT ItemTI-5.1b Thermoplastic Pavemcnt Marking L.F. 550 eS3 oZq/. ..JO 6" White ' Item TI.5.Ic Thermoplastic Pavement Marking - L.F. MO /0..50 �-�•� I R" White - Stop Rar t Item TI -S. Id Thermoplaclic Pavement Marking - I..F. 2.000 a� /O 5t-, B'O 9" White - Crosswalk p Iten1Tl-$.lc Themtoplastic Pavcment Marking (Words) EA. 3 v`�5e ,2'60 %O 7.' ' ItcmT1-5.lf Thcrrnoplaslic Pavemcnt Marking (Arrows) EA. 7 a3(o. /1 65. 25 ' ItemSl-4.I WingWa1Ic C.Y. 30 ,h�3sp3 /4 90-590 Item Ml .5.1 Temporary Sidewalk L.F. 2.300 c"3 7O O C� 5V. o -O ' Item M 1-5.2 Temporary Safety Fence L.F. 3.250 a. £S 7. x-37' SD Item M-2-6.1 Modular Block Retaining Wall SG S.F. 700 % /3 Item M3-4.1 Cold Sluing Asphalt Pavemcnt S.Y. 500 /33/q/ 4 O'O Item M4-5.Ia 16" Steel Encasement Pipe L.F. 105 •off 0 lv ' Item M4-5.Ib 24" Steel Encasement Pipe L.F. 12 //•• �'2 3/!0• lo� ' Item M5.5.1 Pipe Fmhcdmcnt CV 75 c.�' 03 Item M6.5.1 Galvanized Steel Handrail L.F. 300 11 `47. ' Item M7-4.1 Waler for Dust Control GAL. 20,000 • a� d I6" PVC AWWA C-905 DR -18 Sanitary Sewer �/� ' ItemUl'),Ia Pipe L.F. 666 So'T-7 .33-52f.%0 IR" PVC AWWA C-905 DR -I8 Sanitary Sewer �� of Item ll l-9.Ib Pipe L.F. 706 O.D ' Item U 1-9.Ic Ii" PVC SDR-21 Sanitary Sewer Pip: L.F. 66 6.4. 7C GQ Item U2 -5W' Standard 6: I.D. Sanitary Sewer Manhole LA. 12 / 6z5r9' 9' roA l o '/6Z9 /• �� Itcm U2-5.Ib Extra Manhole Depth V.F. 30 /p eZ •9L �7 `+"Bg• tf0 Itcm U6-5.1 Abandon Existing Sanitary Sewer Manhoic EA. 6 .3 00300(5) ' Old Missouri Road Improvements (Amendment No. 2) I Apr -1A-03 01:SIP Garver Inc- Fayetteville 501 527-9101 P.09 ' CITY OF FAYETTEVILLE OLD MISSOURI ROAD IMPROVEMENTS UNIT PRICE SCHEDULE IESTIMATED UNIT ITEM DESCRIPTION UNIT QUANTITY PRICE AMOUNT c� ' Item U7.51a Relocate 4" Sanitary Sewer Scrvicc EA. I 4.38• q% /! 93e. e.�/�q! ' Item U7.5. lb Relocate 6` Sanitary Sewer Scrvicc EA. 1 /.52• Item U8-5.1 Utility Rock Excavation CY. JSU /3G• �3 r% to �LC.J O Item W2.4.1 Valve or Meter Box Adjusted to tirade EA. 3 i90 7 1 Total J / (, Q4 4e . • 38 1 I J I I I C I I J 00300 (6) Old Missouri Road Improvements (Amendment No. 2) II I I ' The Bidder shall state the Unit Price and the Total Price Bid (written in ink or typed) for each pay item, I and the total amount bid. In case of conflict between figures, the Unit Prices, unless obviously incorrect, shall govern. Bidder understands that Fayetteville 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, ' Fiim Name ) ' By P't" r Ley Sie Address I Ci State I C48 0903 Arkansas State Contractor's License Number I I H I I End of Section 00300 - Bid Form Old Missouri Road Improvements H 00300 (7) I I I I I Section 00350 RThJIIIEE STATE OF ARKANSAS KNOW ALL MEN BY THESE PRESENTS, that we: IPrincipal and Contractor, and I I I I I I I I I hereinafter called Surety, are held and firmly bound unto the City of Fayetteville , Arkansas and represented by its Mayor and City Council, hereinafter called FAYETTEVILLE, in the sum of lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, the Principal contemplates submitting or has submitted a bid to FAYETTEVILLE for the furnishing of all labor, materials (except those to be specifically furnished by FAYETTEVILLE), equipment, machinery, tools, apparatus, means of transportation for, and the performance of the work covered in the Bid and the detailed Drawings and Specifications, entitled: Old Missouri Road Improvements City of Fayetteville, Arkansas WHEREAS, it was a condition precedent to the submission of said bid that a cashier's check, certified check, or bid bond in the amount of 5 percent of the base bid be submitted with said bid as a guarantee that the Bidder would, if awarded the Contract, enter into a written Contract with FAYETTEVILLE for the performance of said Contract within 15 consecutive calendar days after written notice having been given of the award of the Contract. NOW, THEREFORE, the conditions of this obligation are such that if the Principal within 15 consecutive calendar days after written notice of such acceptance enters into a written Contract with FAYETTEVILLE and furnishes a Contract Surety Bond in an amount equal to 100 percent of the base bid, satisfactory to FAYETTEVILLE, then this obligation shall be void; otherwise the sum herein stated shall be due and payable to FAYETTEVILLE and the Surety herein agrees to pay said sum immediately upon demand ofFAYETTEVILLE in good and lawful money of the United States of America, as liquidated damages for failure thereof of said Principal. Old Missouri Road Improvements 00350(l) El N WITNESS WHEREOF, the said caused these presents to be signed in its name by its attested by its these presents to be signed in its name by its under its corporate seal, this Signed, sealed and delivered in the presence of: Surety As to Principal As to Surety m as Principal herein, has and under its corporate seal, and the said as Surety herein, has caused day of A.D., 20_. Principal -Contractor Title Attorney -in -Fact (Power -of -Attorney to be Attached) Old Missouri Road Improvements 00350 (2) Resident Agent I TO: 1 1 I Ii I I I I I I NOTICE OF SELECTION PROJECT DESCRIPTION: Old Missouri Road Improvements FAYETTEVILLE has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated Monday, March 31, and Monday April 7, 2003, and Instructions to Bidders. You arc hereby notified that your BID has been accepted in the amount of: You are required by the Instructions to Bidders to execute the Contract and furnish six (6) original CONTRACTOR'S Performance BOND, Payment BOND, and Certificates Of Insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Contract and to furnish said BONDS within ten (10) days from the date of this Notice, FAYETTEVILLE will be entitled to consider all your rights arising of your BID BOND. FAYETTEVILLE will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF SELECTION to FAYETTEVILLE. this Dated this day of , 20_. FAYETTEVILLE CITY ENGINEERING — Receipt of the AN By ACCEPTANCE OF NOTICE NOTICE OF SELECTION is hereby acknowledged day of , 20(_ Old Missouri Road Improvements 00350 (3) I Li I I J I r 1 Section 00500 AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT is dated as of the & day ofthe year 20P3 by and between the City of Fayetteville, Arkansas (hereinafter in called FAYETTEVILLE) and Mnb1iCMtIT&dlxl (hereinafter called CONTRACTOR). FAYETTEVILLE and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Old Missouri Road Improvements ' The work includes, but is not limited to, asphalt pavement reconstruction, overlay, and widening; embankment construction; construction of sidewalks/trails, driveways, curbs, access ramps, reinforced concrete box culvert, reinforced concrete retaining walls, block ' walls, storm drainage pipe and structures; water and sewer line relocation; and all other items indicated in the Drawings and Specifications. The general location of the improvements is from just south of Rolling Hills Drive to the Mud Creek Bridge. IArticle 2. ENGINEER. ' The Project has been designed by: Garver Engineers, Inc 3810 Front Street, Suite 10 Fayetteville, AR 72703 who is hereinafter called ENGINEER and who is to act as FAYETTEVILLE'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 240 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 270 consecutive calendar days after the date when the Contract Old Missouri Road Improvements 00500 (I) I II Time commences to run. ' If delays in utility relocations by others impede the Contractor's progress for major Contract items and/or items critical to the prosecution of the work within the Contract Time, the Contract Time will be temporarily suspended or adjusted by the City as appropriate. During such periods, the Contractor will be allowed to work on minor Contract items, as approved by the City, without spending Contract Time. 3.2. Liquidated Damages. FAYETTEVILLE and CONTRACTOR recognize that time is of the essence of the Agreement and that FAYETTEVILLE will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any 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 FAYETTEVILLE if the Work is not completed on time. Accordingly, instead of requiring any such proof, Fayetteville and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay FAYETTEVILLE Five Hundred dollars ($500.00) for each day that expires after the time ' specified in paragraph 3.1 for substantial completion. If CONTRACTOR shall neglect, refuse, or fail to complete the remaining work within the time specified in paragraph 3.1 for completion and ' readiness for final payment or any proper extension thereof granted by FAYETTEVILLE, CONTRACTOR shall pay FAYETTEVILLE Five Hundred dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. tArticle 4. CONTRACT PRICE. ' Fayetteville agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the prices bid in the Proposal which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful ' money of the United States at the time and in the manner set forth in the Specifications. As provided in paragraph 1 1.03 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03.B of the General Conditions. Article 5. PAYMENT PROCEDURES ' 5. I . Progress Payments. FAYETTEVILLE shall make periodic progress payments on the basis of Work completed as provided in paragraph 14.02 of the General Conditions and SC -14.02 of the Supplementary Conditions. Prior to Final Completion, progress payments will be made in an ' amount equal to the value of completed Work, plus the value of stored materials, less retainage, less the aggregate of payments previously made, and less such amounts as FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions: Retainage: FAYETTEVILLE will retain ten percent of the value of completed Work until such time as 50 percent of the Work has been completed. If 50 percent of the Work has 'been completed, as determined by ENGINEER, and if the character and progress of the Old Missouri Road Improvements 00500 (2) I I Work have been satisfactory to FAYETTEVILLE, retainage will be fixed at five percent of the Contract Price. FAYETTEVILLE reserves the right to reinstate retainage at ten percent if the character and progress of the Work become unsatisfactory to FAYETTEVILLE. Stored Materials: FAYETTEVILLE will pay 100 percent of the value of materials and equipment not incorporated in the Work but delivered, suitably stored, insured, and accompanied by documentation satisfactory to FAYETTEVILLE as provided in paragraphs 14.02.B.5 & 14.02.D of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with ' paragraphs 14.06 and 14.07.B & C of the General Conditions, FAYETTEVILLE shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraphs 14.07.B & C. 1 Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce FAYETTEVILLE to enter into this Agreement CONTRACTOR makes the following ' representations: 6.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in Article 7) and the other related data identified in the Bidding Documents including "technical data." 6.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, or furnishing of the Work. 6.3. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. ' 6.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to ' existing surface or subsurface structures at or contiguous to the site which have been identified in the Supplementary Conditions as provided in paragraph 4.02.A of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC -4.02 of the Supplementary ' Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.02 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that FAYETTEVILLE and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Old Missouri Road Improvements 00500 (3) J Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to the employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 6.5. CONTRACTOR is aware of the general nature of work to be performed by FAYETTEVILLE and others at the site that relates to the Work as indicated in the Contract Documents. 6.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 6.7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between FAYETTEVILLE and CONTRACTOR concerning the Work consist of the following: 7.1. This Agreement (pages 1 to 6, inclusive). 7.2. Performance and Payment Bonds, (Exhibits A and B respectively). 7.3. Certificates of Insurance, (Exhibit C). 7.4. Documentation submitted by CONTRACTOR prior to Notice of Selection (Exhibit D). 7.5. General Conditions (pages I to 42, inclusive). 7.6. Supplementary Conditions (pages I to 15, inclusive). 7.7. Specifications consisting of Sections as listed in Table of Contents herein. 7.8. Addenda numbers _ to _, inclusive. 7.9. Drawings (not attached hereto) consisting of a cover sheet and sheets numbered I through 37, and CCX I to CCX5, inclusive with each sheet bearing the following general title: Old Missouri Road Improvements 00500 (4) I Old Missouri Road Improvements 7.10. The following which maybe delivered or issued after the Effective Date of the Agreement and are not attached hereto: 7.10.1. Notice to Proceed 7.10.2. All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.04 of the General Conditions. ' The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions. Article 8. MISCELLANEOUS. ' 8.1. Terms used in the Agreement which are defined in Article 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 maybe 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. FAYETTEVILLE and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any ' Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. ' Ii i1 Old Missouri Road Improvements 00500 (5) I I1 I -1 IN WITNESS WHEREOF, FAYETTEVILLE and CONTRACTOR have signed this Agreement in six (6) counterparts. One counterpart each has been delivered to FAYETTEVILLE and ENGINEER, and two counterparts have been delivered to CONTRACTOR. All portions of the Contract Documents have been signed, initialed, or identified by FAYETTEVILLE and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on V , 20O(which is the Effective Date ooffthe Agreement). OWNE City of F ryettevi CONTRAC 4 Q E (..t'/ti%X%45 By: By: Mayor ,Ct'F fJ F P r k. f �F`/ \ �� Title /,4J,0t5 / l�E&f U. \ `te [CORPORATE SEAL•.; c n�� •. I. it Mtest ,A14j49! Attest ^ s�tV t�0; Address for giving notices Address for giving notices Ila !2D (If FAYETTEVILLE is a public body, attach License No. evidence of authority to sign and ' resolution or other documents Agent for service of process: authorizing execution of Agreement.) I I (If CONTRACTOR is a corporation, attach evidence of authority to sign) Oid Missouri Road Improvements 00500 (6) Ii H I I I I I 1 Exhibit A PERFORMANCE BOND I 1 II II 7 J II Exhibit B PAYMENT BOND :3 Iii I1 II II H Ii II II Exhibit C CERTIFICATES OF INSURANCE NOTICE TO PROCEED TO: DATE: PROJECT: Old Missouri Road Improvements You are hereby notified to commence WORK in accordance with the Contract dated on or before , and you are to substantially complete the WORK within 120 consecutive calendar days thereafter and have the Work complete and ready for final payment within this allotted time. The date for final completion is therefore , 20 CITY OF FAYETTEVILLE, ARKANSAS Owner m ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by this the day of , 20_ By Title Old Missouri Road Improvements 00500 (10) [1 I I I I I I H I [] I L L LI I This document ha; zpo:tant legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By National Society of Professional Engineers 15(1 AMERICAN CONSULTING Professional Engineers in Private Pmcrise AMERICAN SOCIETY OF ENGINEERS COUNCIL CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contrac:ors of America Construction Specifications Institute These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910-8-A-1 or 1910- 8-A-2) (1996 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC User's Guide (No. 1910-50). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1996 Edition). EJCDC No. 1910-8 (1996 Edition) 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 ARTICLE I - DEFINITIONS AND TERMINOLOGY.....................................00700 -6 1.01 Defined Terms...................................................00700 - 6 1.02 Terminology.....................................................00700 - 8 ARTICLE 2 - PRELIMINARY MATTERS ............................................ 00700 - 9 •2.01 Delivery of Bonds ................................................. 00700 - 9 2.02 Copies of Documents...............................................00700 - 9 2.03 Commencement of Contract Times; Notice to Proceed .......................... 00700 - 9 2.04 Starting the Work.................................................0(3700 - 9 2.05 Before Starring Construction .......................................... 00700 - 9 2.06 Preconstruction Conference ........................................... 00700 - 10 2.07 Initial Acceprance of Schedules ........................................ 00700 - 10 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE .................... 00700 - 10 3.01 Intent .............................. •.......................... 00700 - 10 3.02 Reference Standards .............................................. 00700-10 3.03 Reporting and Resolving Discrepancies ................................... 00700-11 3.04 Amending and Supplementing Contract Documents ........................... 00700- 11 3.05 Reuse of Documents ............................................... 00700 - 11 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS .............................................. 00700 - 11 4.01 Availabilityof Lards .............................................. 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 ................................................. 0070O - 13 4.06 Hazardous Environmental Condition at Site ................................ 007CC - 14 ARTICLE 5 - BONDS AND INSURANCE ........................................... 00700 - 15 5.01 Performance, Payment, and Other Bonds ................................. 00700 - 15 5.02 Licensed Sureties and Insurers ........................................ 00700-15 5.03 Certificates of Insurance ............................................ 00700 - 15 5.04 CONTRACTOR's LiabilityInsurance.................................... 00700-15 5.05 OWNER'S Liability Insurance ......................................... 00700- 16 5.06 Property Insurance ...................................... 4 ........ 00700 - 16 5.07 WaiverofRig/us ................................................. 00700-17 5.08 Receipt and Application of Insurance Proceeds .............................. 00700 - 18 5.09 Acceptance of Bonds and Insurance; Option to Replace ........................ 00700 - I8 5.10 Partial Utilization, Acknowledgment of Property Insurer ........................ 00700 - 18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES .................... 4 .............. 00700-18 6.01 Supervision anus 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 anal Royalties ........................................... 00700-21 6.08 Permits.......................................................007)J - 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 ............................. 4 ...... 4 ........... 00700 -22 6.13 Safetyand Protection .............................................. 00700 23 6.14 SafetyRepresentative.............................................. 00700 23 6.15 Hazard Communication Prograns...................................... 00700-23 00700-3 I 6.16 Emergencies.................................................... 00700 - 23 , 6.17 Shop Drawings and Samples ........................... 6 .............. 00700 - 23 6.18 Continuing the Work ............................................... 00700 - 24 ' 6.19 CONTRACTOR's General Warranty and Guarantee ........................ 6 .. 00700-25 6.20 Indemnification..................................................0(3/00 - 25 ARTICLE 7 - OTHER WORK ................................................... 00700 - 26 7.01 Related Work at Site ............................................... 00700 - 26 7.02 . Coordination...................................................()070C) - 26 ARTICLE 8 - OWNER'S RESPONSIBILITIES ........................................ 00700 - 26 8.01 Communications to Contractor........................................00700 - 26 , 8.02 Replacementof ENGINEER .......................................... 00700 - 26 8.03 Furnish Data...................................................0o700 - 26 8.04 Pay Promptly When Due ............................................ 00700 - 26 , 8.05 Lands and Easements; Reports and Tests..................................00700 - 26 8.06 Insurance .....................................................00700-27 8.07 Change Orders..................................................00700 - 27 8.08 Inspections, Tests, and Approvals ...................................... 00700 - 27 , 8.09 Limitations on OWNER's Responsibilities ................................. 00700 - 27 8.10 Undisclosed Hazardous Environmental Condition ........ 6 ................... 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 Sire....................................................00700 - 27 ' 9.03 Project Representative ............................................. 00700 - 27 9.04 Clarifications arui Interpretations ...................................... 00700 - 28 9.05 Authorized Variations in Work ..................................... .. 00700 - 28 9.06 Rejecting Defective Work............................................00700 - 28 , 9.07 Shop Drawings, Change Orders and Payments .............................. 00700 - 28 - 9.08 Determinations for Unit Price Work ..................................... 00700 - 28 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work ..........00700 - 28 ' 9.10 Limitations on ENGINEER's Authority and Responsibilities ...................... 00700 - 28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ................................... 00700 - 29 10.01 Authorized Changes in the Work.......................................00700 - 29 ' 10.02 Unauthorized Changes in the Work ..................................... 00700 - 29 10.03 Execution of Change Orders .......................................... 00700 - 29 10.04 Notification to Surety .............................................. 00700 - 29 10.05 Claims and Disputes' ............................................... 00700 - 30 , ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK ............. 4 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 CONTR4CTOR's Control ................................. 00700 - 33 12.04 Delays Within CONTRACTOR's Control .................................. 00700 - 34 12.05 Delays Beyond OWNER's and COP/TRACTOR'S Control ........................ 00700 - 34 , 12.06 Delay Damages .................................................. 00700 - 34 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK .............................................. 00700-34 , 13.01 Notice of Defects ................................................ 00700 - 34 13.02 Access to Work .................................................. 00700 - 34 13.03 Tests and Inspections .............................................. 00700 - 34 13.04 Uncovering Work ................................................. 00700 - 35 ' 13.05 OWNER May Stop the Work .......................................... 00700 - 35 13.06 Correction or Removal of Defective Work ................................. 00700 - 35 00700-4 ' 13.07 Correction Period ................................................ 00700 - 35 13.08 Acceptance of Defective Work ......................................... 00700 - 36 13.09 OWNER May Correct Defective Work....................................00700 - 36 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION ........................ 00700-36 14.01 Schedule of Values ................................................ 00700 - 36 14.02 Progress Payments ................................................ 00700 - 37 14.03 CON7RACTOR's Warranty of Title ..................................... 00700 - 38 14.04 Substantial Completion ............................................. 00700 - 38 14.05 Partial Utilization................................................00700 - 39 14.06 Final Inspection.................................................)07D0 - 39 14.07 Final Payment .................................................. 00700 - 39 14.08 Final Completion Delayed...........................................00700 - 40 14.09 Waiver of Claims.................................................00700 - 40 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ............................ 00700 - 40 15.01 OWNER May Suspend Work .......................................... 00700 - 40 15.02 OWNER May Terminate for Cause ...................................... 00700 - 40 15.03 OWNER May Terminate For Convenience ................................. 00700 - 41 15.04 CONTRACTOR May Stop Work or Terminate ............................... 00700 - 41 ARTICLE 16 - DISPUTE RESOLUTION............................................00700 -41 16.01 Methods and Procedures ............................................ 00700 - 41 ARTICLE 17 - MISCELLANEOUS ................................................ 00700 - 42 17.01 Giving Notice...................................................0700 - 42 17.02 Computation of Times .............................................. 00700 - 42 17.03 Cumulative Remedies..............................................00700 -42 17.04 Survivcl of Obligations ............................................. 00700 - 42 17.05 Controlling Law ................................................. 00700 - 42 [..ftIQ GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Contract Documents and printed with initial or all capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. I. Addenda --Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Contract Documents. 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 parry 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. II II 16. Cost of the Work --See paragraph I1.01.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. £NGINEER'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 ofAward--Thewritten 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 pan of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 32. PCBs --Polychlorinated biphenyls. 33. Petroleum. --Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 34. Project --The total construction of which the Work to be performed under the Contract Documents may be the whole, or a parr 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. II 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 pan 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, gigned 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 use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.10 or any other provision of the Contract Documents. B. Day 1. The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. C. Defective 1. The word "defective," when modi`ting the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accor- dance with paragraph 14.04 or 14.05). D. Famish, Install, Perform, Provide 1. The word 'furnish," when used in connec:ion with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equtpmen: 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. I' ARTICLE 2- PRELIMINARY MATTERS 2.01 Delivery of Bonds A. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish. 2.02 Copies of Documents A. OWNER shall furnish to CONTRACTOR up to ten copies of the Contract Documents. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Da:e 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 Starling the Work A. CONTRACTOR shall star, 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. COhTRACTOR'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 applicabie 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 00700-9 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), 00700-10 except as may be o Contract Documents. 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall any such provision or instruction be effective to assign to OWNER, ENGINEER, or any of ENGINEER's Consultants, agents, or employees any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. Reporting and Resolving 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 6.15.A) until an amendment or supplement to the Cor:rract 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. 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). 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. 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) shal 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 Dra.virgs. 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 pronimuon wnt survive Leal 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 ARTICLE 4 - AVAILABILITY OF LANDS: SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 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. B. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Contract Docu- ments; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized. • CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If CONTRACTOR believes that any subsur- face or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. ENGINEER's Review: After receipt of written notice as required by paragraph 4.03.A, ENGINEER will promptly review the pertinent condition, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto, and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 00700-12 C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in CONTRACTOR's cost of, or time required for, perfor- mance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in paragraph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.08 and 11.03. I I I I 2. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CON- TRACTOR prior to CONTR4CTOR's making such final commitment; or c. CONTRACTOR failed to give the written notice within the time ar.d 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 Contact Price or Contract Times, or both, a Claim may be made therefor as provided in paragraph 10.05. Howeyvr. OWNER, ENGINEER, and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities, including OWNER, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and CONTRACTOR shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including OWNER, during construction, and d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1.. 11 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 Facil.ty 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 1 monuments, and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the ENGINEER in the preparation of the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. CONTRACTOR shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by CONTRACTOR, Subcontractors, Suppliers, or anyone else for whom CON- TRACTOR is responsible. D. If CONTRACTOR encounters a Hazardous Environmental Condition or if CONTRACTOR or anyone for whom CONTRACTOR is responsible creates a Hazardous Environmental Condition, CONTRACTOR shall immedi- ately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by paragraph 6.16); and (iii) notify OWNER and ENGINEER (and promptly thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or take corrective action, if any. E. CONTRACTOR shall not be required to resume Work in connection with such condition or in any affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be resumed by CONTRACTOR, either party may make a Claim therefor as provided in paragraph 10.05. F. If after receipt of such written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in paragraph 10.05. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, OWNER shall. indemnify and hold harmless CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing 00700-14 1 1 I 1 1 1 1 1 1 1 II I I I I I I I I I [ 11 11 11 11 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 ocher 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 Peifonnance, 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 Documer-ts. B. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch. U.S. Department of the Treasury. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. C. If the surety on any Bond furnished by CON- TRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.01.B, CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Ceniftcates 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 (arid 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 ocher insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 00700 - 15 4. claims for damages insured by reasonably available personal injury liability coverage which are sus- tained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance so required by this paragraph 5.04 to be purchased and maintained shall: 1. with respect to insurance required by paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of professional liability) OWNER, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2, include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include completed operations insurance; 4. include contractual liability insurance covering CONTRACTOR's indemnity obligations under para- graphs 6.07, 6.11, and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.03 will so provide); 6. 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); 1 1 1 1 1 n 00700-16 ' 4. cover materials and equipment stored at the Site at the Site, OWNER shall in writing advise CONTRACTOR or at another location that was agreed to in writing by whether or not such other insurance has been procured by OWNER prior to being incorporated in the Work, OWNER. provided that such materials and equipment have been I T1 I Ti I I Li I I I J I I I I 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 interess 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 acccrdance 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 l.wts 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 5.07 Waiver of Rights A. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraph 5.06 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRAC- TOR waive all rights against each other and their respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER,s Consultants, and all other individuals or entities identified in the Supplemen- tary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any parry making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. B. OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER. ENGINEER's Consultants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to OWNER's property or the Work caused by, arising out of, or resulting from fife 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 Li 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 parry in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting parry 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 parry does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorse- ment on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. CONTRACTOR shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of OWNER or ENGINEER in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. B. At all times during the progress of the Work, CONTRACTOR shall assign a competent resident superin- tendent thereto who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the Site and shall have authority to act on behalf of CONTRACTOR. All communications given to or received from the superintendent shall be binding on CONTRACTOR. 1 1 1 1 1 I 1 1 i 1 1 1 1 I 00700-18 I I I I 1J II 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, saritary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials arid 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 .1.__,.._ MI .Ctc. 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 equijment is specified or described in the Contract Documents by usLig 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" iiem 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 circuin- stances described below. 1. "Or -Equal" Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment ENGINEER determines that: (i) it is at least equal in quality, durability, appearance, strength, and design characteristics; (ii) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole, and; b. CONTRACTOR certifies that: (i) there is no increase in cost to the OWNER; and (ii) it will conform substantially, even with deviations, to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under ' 00700-19 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 6.05.8. 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. ENGIATER's Cost Reimbursement: ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitute proposed or submitted by CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05.B and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER approves a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute. F. CONTRACTOR's Expense: CONTRACTOR shall provide all data in support of any proposed substitute or "or -equal" at CONTRACTOR's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. CONTRACTOR shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to OWNER as indicated in paragraph 6.06.B), whether initially or as a replacement, against whom OWNER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or I I 1 1 1 I 00700-20 II I entities to be submitted to OWNER in advance for acceptance by OWNER by a specified date prior to the Effective Date of the Agreement, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. CON- TRACTOR shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the differ- ence in the cost occasioned by such replacement, and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. C. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier, or other individual or entiry any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other individual or entity, nor shall :t 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 Corsultans, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors. parners, employees, agents, and other consultants and subcontractors of each and any of ;hem) 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 Parent 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 subje;i cf patent rights or copyrights held by others. If a paricul tr invention., design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER. ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees or agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits 00700-21 and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto, such as plant investment fees. 6.09 Laws and Regulations • A. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. B. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Times. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in paragraph 10.05. 6.10 Taxes A. CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by CONTRAC- TOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultant, and the officers, directors, partners, employees, agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER, or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work CONTRACTOR shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall con- form to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work CONTRACTOR shall clean the Site and make it ready for utilization by OWNER. At the completion of the Work CONTRACTOR shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work i�I�TilC�IItia U 11 I I Ll I I I I I I I I I I C I I Change Directives, Field Orders, and written interpretations and clarifications L- 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 including trees, shrubs, roadways, structures, utiliti not designated for removal, the course of construction. the Site or adjacent thereto, lawns, walks, pavements :s, and Underground Facilities relocation, or replacement in 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 par, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, CONTRACTOR is obligated to act to prevent threatened damage, injury, or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimen- sions, specified performance and design criteria, materials, and similar data to show ENGINEER the services, materials, and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.17.E. B. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample I 00700-23 submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.17.E. The numbers of each Sample to be submitted will be as specified in the Specifications. C. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER as required by paragraph 2.07, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. D. Submittal Procedures 1. Before submitting each Shop Drawing or Sample CONTRACTOR shall have determined and verified: a. all field measurements, quantities, dimen- sions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to means, methods, techniques, sequences, and procedures of construc- tion and safety precautions and programs incident thereto: and d. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Docu- ments. 2. Each submittal shall bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 3. At the time of each submittal, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written com- munication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. E. ENGINEER's Review 1. ENGINEER will timely review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. ENGINEER's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the require- ments of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of each submittal as required by paragraph 6.17.D.3 and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.17.D.1. F. Resubmittal Procedures 1. CONTRACTOR shall make corrections required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CON- TRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGI- NEER on previous submittals. 6.18 Continuing the Work A. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except 11 I 00700-24 as permitted by paragraph 15.04 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.19 CONTRACTOR's General Warranty and Guarantee A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR, Sub- contractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or 2. normal wear and tear under normal usage B. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 1. observations by ENGINEER; 2 recommendation by ENGINEER or payment by OWNER of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by ENGINEER or any payment related thereto by OWNER; 4. use or occupancy of the Work or any part thereof by OWNER; 5. any acceptance by OWNER or any failure to do so; 6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabil- ity by ENGINEER; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by OWNER. 6.20 Indemnification A. To the fullest extern permitted by Laws and Regula- tions, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, patters, 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 a!! 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 parry by Laws and Regulations regardless of the negligence of any such individual or entiy. 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 drect!y or indirectly employed by any of them to perform any of :.he Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of CONTRACTOR under paragraph 6.20.A shall not extend to the liability of ENGINEER and ENGINEER's Consultants or to the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications: or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 00700-25 ARTICLE 7 - OTHER WORK 7.01 Related Work at Site A. OWNER may perform other work related to the Project at the Site by OWNER's employees, or let other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract Documents, then: 1. written notice thereof will be given to CON- TRACTOR prior to starting any such other work; and 2. if OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in paragraph 10.05. B. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the other work with OWNER's employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CON- TRACTOR shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. C. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and , results of CONTRACTOR's Work. CONTRACTOR's failure to so report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If OWNER intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and respon- sibility for such coordination. ARTICLE 8 - OWNER'S RESPONSMILITIES 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 1 1 I •1 I I 00700-26 II I and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract Documents. 8.06 Insurance IA. OWNER's responsibilities, if any, in respect to pur- chasing and maintaining liability and property insurance are set forth in Article 5. II li I 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 wifl not be responsbie for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. OWN'ER'S responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER'S Representative A. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and will not be changed without written consent of OWNER and ENGINEER. 9.02 Visits to Site A. ENGINEER will make visits to the Site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER, for the benefit of OWNER, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of ccnfidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. B. ENGINEER's visits and observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.10, and particularly, but without limitation-, during or as a result of ENGINEER's visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more extensive observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.10 and in the Supplementary Conditions. If OWNER designates another [':IIIOekl representative or agent to represent OWNER at the Site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supple- mentary Conditions. 9.04 Clarifications and Interpretations A. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents as ENGINEER may deter- mine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER and CON- TRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a written clarification or interpretation, a Claim may be made therefor as provided in paragraph 10.05. 9.05 Authorized Variations in Work A. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR, who shall perform the Work involved promptly. If OWNER and CONTRAC- TOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of a Field Order, a Claim may be made therefor as provided in paragraph 10.05. 9.06 Rejecting Defective Work A. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.07 Shop Drawings, Change Orders and Payments A. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraph 6.17. B. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. C. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. 9.08 Determinations for Unit Price Work A. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CON- TRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding (except as modified by ENGINEER to reflect changed factual conditions or more accurate data) upon OWNER and CONTRACTOR, subject to the provisions of paragraph 10.05. 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work A. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work, the quantities and classifications of Unit Price Work, the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, and Claims seeking changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing, in accordance with the provisions of paragraph 10.05, with a request for a formal decision. B. When functioning as interpreter and judge under this paragraph 9.09, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to this paragraph 9.09 with respect to any such Claim, dispute, or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.07) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim, dispute, or other matter. 9.10 Limitations on ENGINEER's Authority and Respon- 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 1 1 i 1 1 , 1 1 1 [I)Y1Ofl4:l 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, tens 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 assistanes. 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 Not ifrcarion to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to. Contract Price or Contract Times) is required by the provisions of any bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility. The amount of each applicable Bond will be adjusted to reflect the effect of any such change. 00700-29 10.05 Claims and Disputes A. Notice: Written notice stating the general nature of each Claim, dispute, or other matter shall be delivered by the claimant to ENGINEER and the other parry to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. Notice of the amount or extent of the Claim, dispute, or other matter with supporting data shall be delivered to the ENGINEER and the other party to the Contract within 60 days after the start of such event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such Claim, dispute, or other matter). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.01.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjust- ment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to ENGINEER and the claimant within 30 days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). B. ENGINEER's Decision: ENGINEER will render a formal decision in writing within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. ENGI,NEER'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 parry 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 parry, if any. D. No Claim for an adjustment in Contract Price or Contract Times (or Milestones) will be valid if not submitted in accordance with this paragraph 10.05. ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included:: The term Cost of the Work means the sum of all costs necessarily incurred and paid by CON- TRACTOR in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to CONTRACTOR will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in paragraph 11.01.13. 1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unem- ployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by OWNER. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 00700-30 3. Payments made by CONTRACTOR to Subcen"ac:ors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER, who will then determine, with the advice of ENGINEER, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in this paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and mainte- nance, of all materials, supplies, equipment. machinery, appliances, office, and temporary facili- ties at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cos:, less market value, of such items used but not consumed which remain the property of CONTRACTOR. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, ma- chinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which CON- TRACTOR is liable, imposed by Laws and Regu- lations. e. Deposits lost for causes other than negli- gence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the perfor- mance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expressage, and similar petty cash items in connection with the Work. i. When the Cost of the Work is used to determine the value of a Change Order or of a Claim, Lie 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 I1.01.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 11.01.B. C. COMRACTOR's Fee: When all the Work is performed on the basis of cost-plus, CONTRACTOR's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, CONTRACTOR's fee shall be determined as set forth in paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to paragraphs 11.01.A and 11.01.B, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to ENGINEER an itemized cost breakdown together with supporting data. 11.02 Cash Allowances A. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 1. the allowances include the cost to CONTRAC- TOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. CONTRACTOR's costs for unloading and handling on the Site, labor, installation costs, overhead, profit, and other expenses contemplated for the allow - antes have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. B. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agree- ment. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER subject to the provisions of paragraph 9.08. B. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. C. OWNER or CONTRACTOR may make a Claim for an adjustment in the Contract Price in accordance with paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 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. J I I I I Li I I [1 I I 1] I I 00700 -32 I I 'ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 1 12.01 Change of Contract Price I I I I I I I I I I I I I I A. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the ENGINEER and the other party to the Contract in accor- dance with the provisions of paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of paragraph 11.03): or 2. where the Work involved is riot 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 12.0!.C.2); or 3. where the Work involved is not covered by unit prices contained in. the Contract Documents and agree- ment to a lump sum is not reached under paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in paragraph 11.01) plus a CONTRACTOR's fee for overhead and profit (deter- mined as provided in paragraph 12.01.C). C. CONTRACTOR's Fee: The CONTRACTOR's fee for overhead and profit shall be determined as follows: 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 11.0l.A.1 and 11.0l.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, 11.0l.A.5, and 11.0l.B; e. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are in- volved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with para- graphs 12.01.C.2.a through 12.01.C.2.e, inclu- sive. 12.02 Change of Contract Times A. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by the party making the claim to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. B. Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Claim for an adjustment in the Contract Times (or Milestones) will be determined in accordance with the provisions of this Article 12. 12.03 Delays Beyond CONTRACTOR's Control A. Where CONTRACTOR is prevented from completing any pan of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph 12.02.A. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by I 00700-33 Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. 12.04 Delays Within CONTRACTOR's Control A. The Contract Times (or Milestones) will not be extended due to delays within the control of CONTRACTOR. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.05 Delays Beyond OWNER's and CONTRACTOR's Control A. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. 12.06 Delay Damages A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from: 1. delays caused by or within the control of CON- TRACTOR; or 2. delays beyond the control of both OWNER and CONTRACTOR including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God, or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. B. Nothing in this paragraph 12.06 bars a change in Contract Price pursuant to this Article 12 to compensate CONTRACTOR due to delay, interference, or disruption directly attributable to actions or inactions of OWNER or anyone for whom OWNER is responsible. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which OWNER or ENGINEER has actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by 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. 00700-34 1 LI I I I III F I I I G I I I I I I I E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. F. Uncovering Work as provided in paragraph 13.03.E shall be at CONTRACTOR's expense unless CON- TRACTOR. has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGI- NEER has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. B. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose, or otherwise make available for observation, inspection., or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection., and testing, and of satisfactory replacement or reconstruction (including but not iimi:ed 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 panics 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 panics 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 elirtinated; however, this right of OWNER to stop the Work shall not give rise to =y 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 penod of time as may be prescribed by Laws or Regulations or by tine 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 I 00700-35 item may start to rum from an earlier date if so provided in the Specifications or by Written Amendment. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. D. CONTRACTOR's obligations under this paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment, ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by CONTRACTOR pursuant to this sentence. If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. 13.09 OWNER May Correct Defective Work A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.06.A, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. B. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the Work and suspend CONTRACTOR's 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. 00700-36 14.02 Progress Payments A. p 1carions 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 I. ENGINEER will, within tO 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 ent:tA CONTRACTOR to be paid additionally by OWNER Cr entitle OP: NER :o 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, includir•.g final payment, will impose responsibility on ENGINEER to supervise, direct, or control the Work or for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for CON- TRACTOR's failure to comply with Laws and Regu- lations applicable to CONTRACTOR's performance of the Work. Additionally, said review or recommendation will not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on account of the Contract Price, or to determine that title to any of the Work, materials, or equipment has passed to OWNER free and clear of any Liens. 5. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representa- tions to OWNER referred to in paragraph 14.02.B.2. ENGINEER may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, 00700-37 II revise or revoke any such payment recommendation previously made, to such extent as may be necessary in ENGINEER's ooinion 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 L I I I I I I I I I I H 1 00700-38 , ties pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Use by OWNER at OWNER's option of any substantially completed pan of the Work which has specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree constitutes a separately functioning and usable pan of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following conditions. I. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that pan 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 pan of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 2. No occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will promptly make a final inspection with OWNER and CONTRACTOR and will notify CON- TRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified during the final inspection and has delivered, Li 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 B. Review of Application and Acceptance 1. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application for Payment to OWNER for pay- ment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.09. Otherwise, ENGINEER will return the Application for Payment to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CON- TRACTOR shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to OWNER of the Application for Payment and accompanying docu- mentation, the amount recommended by ENGINEER will become due and, when due, will be paid by OWN- ER to CONTRACTOR. 14.08 Final Completion Delayed A. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CON- TRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims 1. a waiver of all Claims by OWNER against CONTRACTOR, except Claims arising from unsettled Liens, from defective Work appearing after final' inspection pursuant to paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents: and 2. a waiver of all Claims by CONTRACTOR against OWNER other than those previously made in writing which are still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 OWNER May Suspend Work A. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to CON- TRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such ('• suspension if CONTRACTOR makes a Claim therefor as provided in paragraph 10.05. 15.02 OWNER May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. CONTRACTOR's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.07 as adjusted from time to time pursuant to paragraph 6.04); 2. CONTRACTOR's disregard of Laws or Regulations of any public body having jurisdiction; 3. CONTRACTOR's disregard of the authority of ENGINEER; or 4. CONTRACTOR's violation in any substantial way of any provisions of the Contract Documents. A. The making and acceptance of final payment will B. If one or more of the events identified in paragraph constitute: 15.02.A occur, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice, terminate 1 1 I 1 1 1 00700-40 the services of CONTRACTOR, exclude CONTRACTOR from the Site. and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CONTRACTOR shall act be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by OWNER arising out of or relating to completing the Work, such excess will be paid to CONTRACTOR. If such claims, costs, losses, and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses, and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and, when so approved by ENGINEER, incorporated in a Change Order. When exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. C. Where CONTRACTOR's services have been so ' terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or 'payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. ' 15.03 OWNER May Terminate For Convenience A. Upon seven days written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without ' prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items): ' 1. for completed and accepable Work executed in accordance with the Contract Documents prior to the ' effective date of termination, including fair and reasonable sums for overhead and profit on such Work; I 2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. for all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration, or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. for reasonable expenses directly attributable to termination. B. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 CONTRACTOR May Stop Work or Terminate A. If, through no act or fault of CONTRACTOR, the Work is suspended for more than 90 consecutive days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within 30 days after it is submitted, or OWNER fails for 30 days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Contract and recover from OWNER payment on the same terms as provided in paragraph 15.03. In lieu of terminating the Contract and without prejudice to any other right or remedy, if ENGI- NEER has failyd to act or. an Application for Payment within 30 days after it is submitted, or OWNER has faded for 30 days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may, seven days after written notice to OWNER and ENGINEER, stop the Work until payment is made of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.04 are not intended to preclude CONTRACTOR from making a Claim under paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping the Work as permitted by this paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Dispute resolution methods and procedures, if any. shall be as set forth in the Supplementary Conditions. If no method and procedure has been set forth, and subject to the provisions of paragraphs 9.09 and 10.05, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. 00700-41 I ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of 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. 00700-42 ' I Section 00800 SUPPLEMENTARY CONDITIONS ' LIST OF SUBJECTS SC -I.01 Defined Terms ' SC -2.02 Copies of Documents SC-2.O5.B Preliminary Schedules: SC -2.05.C Evidence of Insurance: '• SC -4.02 Subsurface and Physical Conditions SC -4.04 Underground Facilities SC -5.01 Performance, Payment, and Other Bonds ' SC -5.02 Licensed Sureties and Insurers SC -5.03 Certificates of Insurance SC -5.04 CONTRACTOR's Liability Insurance SC -5.04.B.1 Identification of Additional Insureds SC -5.04.B.5 Notice of Cancellation of Liability Insurance SC -5.05 OWNER'S Liability Insurance SC -5.06 Property Insurance SC -5.08 Receipt and Application of Insurance Proceeds ' SC -6.04 Progress Schedules SC -6.08 Permits SC -6.19 CONTRACTOR's General Warranty and Guarantee SC -7.01 Related Work at the Site SC -7.03 Separate Contractor Claim SC -8.06 Insurance ' SC -9.03 Project Representative SC -10.06 Authority for Changes in the Work SC -11.03 Unit Price Work ' SC- 12.03 Delays Beyond CONTRACTOR's Control SC -14.02 Progress Payments SC -14.02.B Review of Applications '• SC -14.02.C Payment Becomes Due SC- 14.04 Substantial Completion SC- 14.05 Partial Utilization ' SC -16.01 Methods and Procedures Exhibit GC -A Dispute Resolution Agreement Old Missouri Road Improvements 00800 (1) I These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (EJCDC No. 1910-8, 1996 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. Paragraph numbers in these Supplementary Conditions correspond to the paragraph numbers in the General Conditions, except with the designation "SC". ' SC -1.01 Defined Terms The terms used in the Supplementary Conditions which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1996 Edition) have the meanings assigned to them in the General Conditions. In addition to the provisions of paragraph 1.01, the following supplemental definitions apply: A 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 Old Missouri Road Improvements 00800 (2) 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 approximate cost of reproduction." SC -2.03 Commencement of Contract Time; Notice to Proceed Replace paragraph 2.03.A of the General Conditions with the following: "A. The Contract Times shall commence to run on the day indicated in the Notice to Proceed. SC -2.05.8. Preliminary Schedules: Add the following to the end of paragraph 2.05.8.3 of the General Conditions: Additional subdivision of unit price or lump sum items, as shown in the Bid Form, shall be made as reasonably requested by ENGINEER or as required to verify progress payments for Unit Price Work that will take place over several progress periods." SC -2.05.C. Evidence of Insurance: Delete all references to OWNER supplied and OWNER delivered insurance. SC -4.02 Subsurface and Physical Conditions Some subsurface investigation has been conducted within the project site area, and ENGINEER has used some of the technical data related to subsurface and physical conditions in the preparation of 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.B. I 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 Old Missouri Road Improvements 00800 (3) 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 read as follows: "D. Resident Agent: CONTRACTOR shall furnish performance and payment Bonds as provided for by Article 5 of the General Conditions executed by a resident local agent who is licensed by the Arkansas State Insurance Commissioner to represent the surety company executing said Bonds, and filing with such Bonds his power -of -attorney. The mere countersigning of the Bonds by a resident agent shall not be sufficient. E. Additional Information: CONTRACTOR shall provide the Bonds as described in these sections within ten (10) days after the receipt of a Notice of Selection. For contracts in excess of $ 100,000 the Bonds shall be issued by a bonding company listed by the A.M. BEST Rating Book as follows: (1) contracts in excess of $100,000, but less than $1,000,000 - "B+" rating or higher and contract amount may not exceed 2.0 percent of the policyholder's surplus. (2) contracts in excess of $1,000,000 - "A" rating or higher and contracts may not exceed 2.0 percent of the policyholder's surplus. II Old Missouri Road Improvements 00800 (4) ' 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. SC -5.04 CONTRACTOR's Liability Insurance The limits for liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: Workers Compensation, etc. under paragraphs 5.04.A.1 and 5.04.A.2 of the General Conditions: 1) State: Statutory 2) Applicable Federal: Statutory 3) Employer's Liability: 5100,000.00 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 Old Missouri Road Improvements 00800 (5) Policies will include premise/operations, products, completed operations, independent contractors, explosions, collapse, underground hazard, Broad Form contractual, personal injury, with employment exclusion deleted and broad form property damage. Comprehensive Automobile Liability under paragraph 5.04.A.6 of the General Conditions: (1) Bodily Injury: $1,000,000.00 $2,000,000.00 Property Damage: $500,000.00 or Each person Each occurrence Each occurrence (2) a combined single limit of $2,000,000.00. SC -5.04.B.1. Identification of Additional Insureds Additional insureds with respect to insurance required by paragraph 5.04 of the General Conditions shall include: the City of Fayetteville, Arkansas and Garver Engineers (OWNER and ENGINEER). SC -5.04.B.5. Notice of Cancellation of Liability Insurance Add the following language at the end of paragraph 5.04.B.5 of the General Conditions: "any wording such as "will endeavor" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the [insurance] Company" shall be deleted from the policies and insurance certificates." SC -5.05 OWNER's Liability Insurance Delete paragraph 5.05 of the General Conditions in its entirety and insert the following in its place: "5.05 OWNER's and ENGINEER's Contingent Protective Liability Insurance A. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their agents and employees from and against all losses and claims, demands, payments, suits, Old Missouri Road Improvements 00800 (6) I L [ I I I I I C I n n I I I 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 OW NER 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.B." Delete paragraph 5.06.B of the General Conditions in its entirety and insert the following in its place: "B. CONTRACTOR shall protect OWNER against all loss during the course of the contract. If, due to the nature of the Project, insurance coverage other than that specified is needed by CONTRACTOR to protect OWNER against all losses, CONTRACTOR shall be responsible Old Missouri Road Improvements 00800 (7) for the determination of and procurement of any additional insurance needed." Delete paragraph 5.06.C of the General Conditions in its entirety and insert the following in its place: "C. Policies shall also specify that insurance provided by CONTRACTOR will be considered primary and not contributory to any other insurance available to OWNER or ENGINEER. All polices will provide for 30 days written notice (certified mail shall be required) prior to any cancellation or non -renewal of insurance policies required under the Contract. Any such wording as "will endeavor" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the Company..." shall be deleted from the policies and certificates." Delete paragraph 5.06.E of the General Conditions in its entirety. SC -5.08 Receipt and Application of Insurance Proceeds Delete paragraph 5.08 of the General Conditions in its entirety. SC -6.04 Progress Schedules Add a new paragraph 6.04.A.3 immediately following paragraph 6.04.A.2 of the General Conditions which shall read as follows: "3. An updated schedule, in the format specified in the Specifications, shall be required with each submittal for progress payment by CONTRACTOR. Failure to provide an accurate schedule (and/or updated schedule) shall be reason for OWNER to refuse progress payment to CONTRACTOR." SC -6.08 Permits Add a new paragraph 6.08.B immediately after paragraph 6.08.A of the General Conditions which shall read as follows: "B. CONTRACTOR shall obtain, and maintain on the job -site, an NPDES Storm Water Discharge Permit, if needed, from the NPDES Branch of the Water Division of the Arkansas Department of Environmental Quality (ADEQ). CONTRACTOR shall request the necessary forms and instructions by writing to the following address: II Old Missouri Road Improvements 00800 (8) ADEQ 8001 National Drive P.O. Box 8913 Little Rock, Arkansas 72219-8913 (501) 682-0744 SC -6.19 CONTRACTOR's General Warranty and Guarantee Add a new paragraph 6.19.C immediately after paragraph 6.19.B of the General Conditions which shall read as follows: "C. For a period of two (2) years, or longer if specified by special guarantees or by law, CONTRACTOR shall at the CONTRACTOR's expense make all repairs and replacements necessitated by defects in the materials, workmanship or prosecution of the Work under this contract, and pay for any damage to other works or property resulting from such defects. 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. 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 Old Missouri Road Improvements 00800 (9) Price or Contract Time as a result of the work of other utility owners being done by those owners as a result of this Project, other than the right for additional quantities of Unit Price Work, if applicable." Delete the first sentence of paragraph 7.01.B of the General Conditions and insert the following sentence in its place: "B. CONTRACTOR shall afford each utility owner and proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs." Delete the last sentence of paragraph 7.01.B of the General Conditions in its entirety SC -7.03 Separate Contractor Claim Add a new paragraph 7.03 immediately after paragraph 7.02 of the General Conditions which shall read as follows: "7.03 Separate Contractor Claim A. Should CONTRACTOR cause damage to the Work or property of any separate contractor (or separate party) at the site, or should any claim arising out of CONTRACTOR'S performance of the Work at the site be made by any separate contractor (or separate party) against CONTRACTOR, OWNER or ENGINEER, or any such person, CONTRACTOR shall promptly attempt to settle with such other separate contractor (or separate party) by agreement or otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER and ENGINEER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate contractor (or separate party) against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate contractor (or separate party) cause damage to the Work or property of CONTRACTOR or should the performance of Work by any separate contractor (or separate party) at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER or ENGINEER or permit any action against them to be maintained and continued in CONTRACTOR'S name for benefit in any court or before any arbitrator which seeks to impose liability on, or recover damages from OWNER or ENGINEER on account of such damage or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate contractor (or separate party) and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereof, CONTRACTOR may make a claim for an extension of time in accordance with Article 12 of the General Conditions. An extension of Old Missouri Road Improvements 00800 (10) I 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." ISC -8.06 Insurance Delete paragraph 8.06 of the General Conditions in its entirety. SC -9.03 Project Representative Paragraph 9.03 of the General Conditions is herein modified to include the furnishing of a Resident Project Representative by ENGINEER. The responsibilities and authority and limitations thereon of the Resident Project Representative are as provided in paragraph 9.10 of the General Conditions. SC -10.06 Authority for Changes in the Work Add a new paragraph 10.06 immediately following paragraph 10.05 of the General Conditions to read: "10.06 Authority for Changes in the Work A. CONTRACTOR shall note and abide by the following limits of authority of OWNER and ENGINEER for changes in the Work which require a change in the Contract Price or Contract time. Except in the case of extreme emergency to protect public safety, public welfare or substantial Work, the following limits of Authority to the OWNER and ENGINEER shall ' apply: Engineer's Representative - No authority. Engineer - No authority. Mayor - $20,000.00 (Accumulative). All accumulative changes which result in Contract Price changes in excess of $20,000.00 shall require the formal approval of the Fayetteville City Council." SC -11.03 Unit Price Work Paragraph I I.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 C I Old Missouri Road Improvements 00800 (11) I 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 II of the General Conditions if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed." SC -12.03 Delays Beyond CONTRACTOR's Control I 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 I 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 I Paragraph 14.02.A of the General Conditions is hereby deleted in its entirety and the following substituted in its place: "A. Applications for Payments I Old Missouri Road Improvements 00800 (12) 1 I. Applications for payments shall be in the form of monthly estimates of all work accomplished during the period ending the third Friday of each month or a day scheduled by joint consent of CONTRACTOR and OWNER at the pre -construction conference. 2. ENGINEER, based upon data gathered during the construction process, will make an estimate of the value of the Work completed during the estimate period and prepare the monthly estimate, for review and certification by CONTRACTOR. CONTRACTOR's certification shall have the meaning described in subparagraph 6, below. 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. If OWNER or ENGINEER shall at any time fail to make CONTRACTOR a monthly estimate or a progress payment at the time herein specified, such failure shall not be held to violate or void the contract. CONTRACTOR's failure to provide an accurate and current schedule update shall be reason to delay the monthly estimate and progress payment. 3. If payment is made 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 next monthly estimate 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. 4. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. 5. CONTRACTOR's certification of the monthly estimate shall constitute: a. CONTRACTOR's concurrence with the quantities and values contained in the estimate. b. CONTRACTOR's Warranty of Title to OWNER as stipulated in paragraph 14.03 of the General Conditions. OWNER reserves the right to require 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. c. CONTRA CTOR'.s certification that the Work covered by the estimate has been completed in substantial compliance with the Contract Documents." SC -14.02.B. Review ofApplications Delete paragraph 14.02.B.I entirely. Old Missouri Road Improvements 00800 (13) Insert the following new subparagraphs to 14.02.B.5 of the General Conditions, as additional reasons for ENGINEER to reduce CONTRACTOR's request for progress payment: "e. CONTRACTOR has incurred potential liability for liquidated damages f. CONTRACTOR has failed to maintain record documents as required by paragraph 6.12; and g. CONTRACTOR has failed to submit the product data, certifications, or other items required by the Specifications to document the quality of materials or equipment." SC -14.02.C. Payment Becomes Due Delete paragraph 14.02.C.1 of the General Conditions and replace with the following: 14.02.C.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 14.04A 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 and sewer lines have been properly installed, inspected, tested, and passed all testing aspects. All drainage structures, retaining walls, and other 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 complete for the work to be considered substantially complete: Old Missouri Road Improvements 00800 (14) ' 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 the final punchlist." ISC -14.05 Partial Utilization ' Insert the following new paragraphs 14.05.A.2 and 14.05.A.3 in the General Conditions, and renumber existing paragraph 14.05.A.2 as 14.05.A.4: "2. Any portions of the work may be considered substantially complete, prior to the entire project being substantially complete, if the OWNER may take over continuous operation of that part of the Work. Such part of the Work shall only be considered by 1 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. 11 I I I 11 Li I I 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." End of Section 00800 I Old Missouri Road Improvements 00800 (15) I Section 01010 ' SUMMARY OF WORK ' Part I - GENERAL 1.1 SECTION INCLUDES A. Project Scope B. Work by Others C. Work Sequence D. Contractor Use of Premises ' 1.2 PROJECT SCOPE A. The work includes, but is not limited to, asphalt pavement reconstruction and widening, embankment construction, sidewalks/trails and access ramps, driveways, curb and gutter, reinforced concrete retaining walls, storm drainage pipe and structures, water and sewer line relocation, and all items indicated in the Drawings and Specifications. The general location of the improvements is along Old Missouri Road between just south of Rolling Hills Drive to the Mud Creek Bridge. 1.3 WORK BY OTHERS ' A. Southwestern Bell may need to relocate some underground telephone lines and above ground telephone pedestals. SP -13 addresses the contractor's additional responsibilities to coordinate with the Southwestern Bell. Southwestern Bell's schedule for completing this work ' is unknown at this time. B. SWEPCO will need to relocate some power poles and overhead electric power cables within the project site. SWEPCO's schedule for completing this work is unknown at this time. C. Arkansas Western Gas may need to relocate some underground gas mains and service lines. SP -13 addresses the contractor's additional responsibilities to coordinate with the Arkansas Western Gas. Arkansas Western Gas schedule for completing this work is unknown at this time. D. Cox Cable will need to relocate some overhead television lines within the project site. Cox Cable's schedule for completing this work is unknown at this time. ' Old Missouri Road Improvements 01010 (1) I] I 1.4 CONTRACTOR'S USE OF PREMISES A. Contractor will be limited to the areas obtained as rights -of -way or easements within the 1 project. B. Contractor may obtain additional construction easements from property owners for 1 Contractor's convenience. C. No work shall begin until all agency approvals, easements, and required permits are obtained. ' Note that work on this project takes place within the City of Fayetteville. The Contractor shall comply with all facets of the City's drainage ordinance. The Contractor shall comply with the requirements of the Federal Clean Water Act and the Arkansas Water and Air Pollution Control Act 472. In case of conflict between these regulations, orders, or decrees and other provisions, the restrictive requirements shall apply. The National Pollutant Discharge Elimination System (NPDES) requires a permit to discharge storm water associated with industrial activity of construction sites into the waters of the United States. The Arkansas Department of Environmental Quality (ADEQ) issues the permits. The Contractor shall furnish the Engineer a copy of the Notice of Intent. 1.5 WORK SEQUENCE A. Identify and locate all underground and aboveground utilities in the project area. Make the necessary utility contacts, make the necessary contacts as outlined in SP -13, and spot dig at the locations shown in the plans or as directed. Use the local datum provided by the Engineer to establish elevations. Submit these elevations in order that the Engineer may adjust any elevations, and/or gradients if necessary. B. The Contractor shall submit a construction contract schedule of the bar graph (or other approved) type seven (7) calendar days prior to the preconstruction conference showing the following information as a minimum: (1) Actual date construction is scheduled to start if different from the date of notice to proceed. (2) Planned contract completion date. (3) Sequence of construction for the various items that involve either existing and/or I potential relocated utilities to the Engineer for his review. This schedule shall have the least negative impact on the adjacent property owners and provide an orderly sequence that will produce the least disruptive action for utilities and their customers. Coordinate with other utilities and/or their contractors to provide orderly sharing of the site and schedule of activities to best continue the progress of the Work (4) Beginning and completion dates for each phase of work. Old Missouri Road Improvements 01010 (2) [i I it I I I (5) Respective dates for submission of shop drawings and the beginning of manufacture, the testing of, and the installation of materials, supplies, and equipment. (6) All construction milestone dates. (7) A separate graph showing work placement in dollars versus contract time. The schedule shall incorporate contract changes as they occur. The schedule shall be maintained in an up-to-date condition and shall be available for inspection at the construction site at all times. The construction contract schedule shall be submitted in conjunction with and/or in addition to any other specification requirements concerning schedules. IC. The Contractor shall comply with the Sequence of Construction as described in the Plans unless otherwise approved in writing by the Engineer. L� l ri U II I I1 Li I 11 Part 2- PRODUCTS Not Used Part 3 - EXECUTION Not Used Old Missouri Road Improvements End of Section 01010 01010 (3) 11 ' Section 01025 MEASUREMENT AND PAYMENT ' Part I -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. Contractor shall assist with quantities measurement by providing necessary equipment, workers, and survey personnel as required. ' 1.3 UNIT QUANTITIES SPECIFIED A. Quantities and measurements indicated in the Bid Form are for bidding and contract ' purposes only. Quantities and measurements supplied or placed in the Work and verified by Engineer shall determine payment except those items of work that will be paid based on plan quantities. B. If the actual Work requires more or fewer quantities than those quantities indicated, the Contractor shall provide the required quantities at the unit prices contracted. ' 1.4 MEASUREMENT OF QUANTITIES A. Measurement by Weight: Items measured by weight will use specified standard handbook weights unless otherwise specified in this section for an individual item. ' B. Measurement by Volume: Measured by cubic dimension using mean length, width and 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. ' Old Missouri Road Improvements 01025 (l) I D. Linear Measurement: Measured by linear dimension, at the item centerline or mean chord, with survey chain or steel tape. E. Individual Item Measurement: Items to be paid for "each" unit furnished and installed shall be counted by Engineer. 1.5 PAYMENT A. Payment Includes: Full compensation for required labor, products, tools, equipment, , plant, transportation, services and incidentals; erection, application or installation of an item of the Work; overhead and profit. B. Final payment for Work governed by unit prices will be made on the basis of the actual measurements and quantities accepted by Engineer multiplied by the unit price for Work which is incorporated in or made necessary by the Work. 1.6 DEFECT ASSESSMENT I A. Replace the Work, or portions of the Work, not conforming to specified requirements. B. If, in the opinion of Engineer, it is not practical to remove and replace the Work, Engineer will direct that the defective Work will be repaired to the satisfaction of Engineer, and the , unit price will be adjusted to a new price at the discretion of Engineer. C. The authority of Engineer to assess the defect and identify payment adjustment is final. 1.7 NON-PAYMENT FOR REJECTED PRODUCTS A. Payment will not be made for any of the following: ' 1. Products wasted or disposed of in a manner that is not acceptable. 2. Products determined as unacceptable before or after placement. 3. Products not completely unloaded from the transporting vehicle. 4. Products placed beyond the lines, levels or boundaries of the required Work. 5. Products remaining on hand after completion of the Work. 6. Loading, hauling and disposing of rejected Products. 1.8 INCIDENTAL ITEMS A. General - Items indicated as incidental to a particular payment item are considered an integral part of that payment item, and will not be measured or considered in determining payments. B. Safety - Safety is considered as incidental to every payment item, except for excavation ' safety, which is a separate bid item. Old Missouri Road Improvements 01025 (2) II C. Testing: Unless otherwise specified in the Technical Specifications, all quality control and quality assurance sampling and testing shall be at the Contractor's expense in accordance with the requirements of the technical specifications. Sampling and testing required by the specifications to be completed by the ' Contractor is incidental to any item included in the work being tested. Retesting after corrective action to Work initially found to be defective is incidental to the item. The Owner reserves the right to perform additional testing and may perform some quality assurance testing as indicated in the technical specifications, at the Owner's expense, to ' compare with or confirm the Contractor's test results. If the Contractor's test results are determined to be invalid, comparative testing performed by the Owner shall be paid for by the Contractor. All failed tests shall be paid for by the Contractor. D. Mobilization - mobilization, clean-up, project closeout, project record documents, and all costs not directly mentioned in this section are considered as incidental to the Work, unless otherwise indicated. E. Excess Excavation - Excess excavation is generally incidental to the payment item, except where Engineer has indicated that an excavation be expanded due to subsurface conditions. Excess excavation undertaken by Contractor to stabilize the trench bottom or ' walls, where dewatering or shoring would be suitable to correct trench conditions, will not be paid. Excess excavation includes backfilling with approved material as specified or as indicated on the Drawings. ' 1.9 PAYMENT ITEMS - See Technical Specifications Part 2- PRODUCTS Not Used Part 3 - EXECUTION Not Used End of Section 01025 Old Missouri Road Improvements 01025 (3) II I I r J I C Ii HI II I Li II I Section 01035 MODIFICATION PROCEDURE Part I - GENERAL 1.1 SUMMARY A. This section describes steps to make changes in the Work, Contract Price, Contract Times, or any combination thereof, as are described in written Change Orders signed by Owner, Contractor, and Engineer and issued after execution of the Agreement, and in other instruments of change as described herein in accordance with the provisions of this Section. Section includes: 1. Documentation of change in Contract Price and Contract Time. 2. Change procedures. 3. Work Change Directive. 4. Stipulated Price Change Order. 5. Unit price change order. 6. Time and material change order. 7. Execution of Change Orders. 8. Correlation of Contractor submittals. B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions and the Supplementary Conditions of these Specifications. 2. Changes in the Work are described further in the General Conditions. 3. Section 01700- Contract Closeout. 1.2 QUALITY ASSURANCE A. Take such measures needed to assure familiarity of Contractor's staff and employees with the procedures outlined in this section for processing Change Order data. B. Submit name of the individual authorized to receive change documents, and be responsible for informing others in Contractor's employ or Subcontractors of changes to the Work. 1.3 FORMAT A. Change Order Form: EJCDC 1910-8-B or other approved by the Owner. II B. Work Change Directive Form: EJCDC 1910-F or other approved by the Owner. I' C. Field Order Form: Engineer's letter. I' Old Missouri Road Improvements 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 1 required for evaluation of proposed changes, and to substantiate costs of changes in the Work. B. Document each quotation for a change in cost or time with sufficient data to allow evaluation ' of the quotation. C. On request, provide additional data to support computations: ' 1. Quantities of products, labor, and equipment. 2. Taxes, insurance, and bonds. 3. Overhead and profit. 4. Justification for any change in Contract Time. 5. Credit for deletions from the Work, similarly documented. D. Support each claim for additional costs, and for work done on a time and material basis, with additional information: 1. Origin and date of claim. 1 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 Old Missouri Road Improvements 01035 (2) ' I I ' 1.8 UNIT PRICE CHANGE ORDER A. For pre -determined unit prices and quantities, Change Order will be executed on a fixed unit price basis. 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 I 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 Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Price. 1 B. Promptly revise progress schedules to reflect any change in Contract Time, revise sub - schedules to adjust time for other items of work affected by the change, and resubmit. C. Promptly enter changes in Project Record Documents. ' Part 2 -PRODUCTS ' Not Used. Part 3 - EXECUTION ' Not Used. End of Section 01035 Old Missouri Road Improvements 01035 (3) I I I Section 01040 COORDINATION AND MEETINGS ' Part I - GENERAL 1.1 1 1 1 1 1.2 1 ' 1.3 1 1 1 1 1 1 1 1 SUMMARY A. This Section expands upon requirements regarding coordination, conferences and meetings, described to permit direct reference from individual product specification Sections. Coordination 2. Preconstruction conference 3. Progress meetings RELATED SECTIONS A. Documents affecting work of this Section include, but are not necessarily limited to the General Conditions and the Supplementary Conditions of these Specifications. COORDINATION A. Coordinate construction activities with other contractors working in the same vicinity on other projects. It is anticipated that other utilities may be relocated during the same time, in the same area as this project. B. The Contractor, on the basis of the schedule and progress meetings shall notify the appropriate property owners of earthwork, trenching, pipe laying, cleanup, or other activities scheduled to occur on, or adjacent to, their property during the coming week. The individual property owner, or tenant thereof, shall be notified at least 48 hours in advance of occupying, storing materials on, or performing work on any right-of-way or easement. It shall be the responsibility of the Contractor to provide a minimum of 72 hours advance notice to the Engineer, Traffic department, Police Department, and Fire Department prior to cutting or blocking any public street or roadway. All planned interruptions of water service shall be coordinated with the Engineer and the Fayetteville Water department. A minimum of48 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. Old Missouri Road Improvements I 0 1040 (l) All work that the Contractor will do that is related to traffic control devices or other related items shall be coordinated with the Traffic Department superintendent, Mr. Perry Franklin (575-8228). C. Coordinate scheduling, submittals, and Work of the various Sections of specifications to assure efficient and orderly sequence of installation of interdependent construction elements with provisions for accommodating items installed later. D. Verify that utility requirement characteristics of operating equipment are compatible with existing utilities. Coordinate work of various Sections having interdependent responsibilities for installing, connecting to, and placing in service such equipment. E. Coordinate completion and clean up of Work of separate Sections in preparation for Substantial Completion. F. After Owner occupancy of premises, coordinate access to site for correction of defective Work and Work not in accordance with Contract Documents, to minimize disruption of Owner's activities. 1.4 PRECONSTRUCTION CONFERENCE A. The Contractor will be contacted within 7 days after the Notice of Award to schedule a preconstruction conference. This conference will be scheduled so that the Contractor, the Engineer, and the Owner can all be present. It will be scheduled within 21 days from the Notice of Award. No work can begin at the site begins until after this meeting. B. Attendance Required: Authorized representatives of Owner, Engineer, and Contractor. C. Agenda: 1. Distribution of executed Owner -Contractor Agreement. 2. Submission of executed bonds and insurance certificates. 3. Distribution of Contract Documents. 4. Submission of list of Subcontractors, list of products, and proposed schedule. See Section 01010 for information on the Contractor's submittal regarding the project schedule. 5. Designation of personnel representing the parties in Contract, and the Engineer. 6. Procedures and processing of field decisions, shop drawings, submittals, substitutions, applications for payments, Change Orders and Contract closeout procedures. Old Missouri Road Improvements 01040 (2) 7. Construction schedule, including sequence of critical work. 8. Channels and procedures for communication. 9. Rules and regulations governing performance of the Work. 10. Procedures for safety and first aid, security, quality control, and related matters. 1.5 PROGRESS MEETINGS A. Schedule and administer meetings throughout progress of the Work beginning at weekly intervals or as determined by Engineer. B. Make arrangements for meetings, prepare agenda with copies for participants, preside at meetings, record minutes, and distribute copies within two days to Engineer, Owner, participants, and those affected by decisions made. C. Attendance Required: Job superintendent, major Subcontractors and suppliers, Owner, Engineer, and others as appropriate to agenda topics for each meeting. D. Agenda: 1. Review minutes of previous meetings. 2. Review of Work progress. 3. Field observations, problems, and decisions. 4. Identification of problems which impede planned progress. 5. Review of submittals schedule and status of submittals. 6. Review of off -site fabrication and delivery schedules. 7. Maintenance of progress schedule. 8. Corrective measures to regain projected schedules. 9. Planned progress during succeeding work period. 10. Coordination of projected progress. 11. Maintenance of quality and work standards. Old Missouri Road Improvements 01040 (3) 12. Effect of proposed changes on progress schedule and coordination. 13. Other business relating to Work. Part 2- PRODUCTS Not Used Part 3 - EXECUTION Not Used End of Section 01040 Old Missouri Road Improvements 01040 (4) 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, the General Conditions and the Supplementary Conditions of these Specifications. C. Definitions 1. "Control Points" are the original reference points set or found by the Engineer for the construction work. 2. "Construction Staking" is an additional staking required as the project progresses which is the responsibility of the Contractor. 1.2 REQUIREMENTS A. Engineer shall provide the following I. Set temporary benchmarks. 2. Set horizontal control points and provide coordinates in Plans to allow for Contractor's layout. 3. Reset points found to be in error. B. Contractor shall provide the following staking: I. All construction staking except as provided by Engineer above. 2. Reset stakes, marks, or pins lost due to Contractor's operations. 1.3 CONTROL STAKING A. Notification I. Notify Engineer, in writing, at least five days in advance of the date if/when survey services are desired. 2. Engineer will provide additional control points if requested by the Contractor at a fee to be negotiated between the Contractor and the Engineer. Old Missouri Road Improvements 01051 (t) B. Checking Stakes 1. Examine points before commencing operations. 2. Notify Engineer, if validity of any control point is questionable. 3. Engineer will check points in question. 4. Any control points found to be in error will be reset by the Engineer. 5. If points are valid, Contractor shall pay for cost of checking points. C. Preservation of Stakes 1. Contractor shall inform his employees, subcontractors and vendors of importance of control points and the necessity of their preservation. 2. Contractor shall pay for resetting any control stakes, marks, or pins lost due to Contractor's operations. 1.4 CONSTRUCTION STAKING A. Provide all construction staking as needed to complete the Work. Part 2- PRODUCTS Not Used Part 3 - EXECUTION Not Used End of Section 01051 Old Missouri Road Improvements 01051 (2) Section 01060 REGULATORY REQUIREMENTS Part I - GENERAL 1.1 SECTION INCLUDES: A. Listing of certain applicable local, state, and federal regularity requirements applicable to the project. B. Discussion of specific implementation of certain regulatory requirements. 1.2 NOT INCLUDED: A. Comprehensive listing of applicable local, state, and federal regulatory requirements applicable to the project. B. Reference to or listing of applicable safety standards. 1.3 RELATED SECTIONS A. Documents affecting work of this Section include, but are not necessarily limited to, the General Conditions and the Supplementary Conditions 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 DEPARTMENT A. Construction standards as listed in individual Specification Sections. Old Missouri Road Improvements 01060 (l) 1.7 ARKANSAS DEPARTMENT OF HEALTH (ADH) A. Project has been submitted to ADH for approval with applicable design standards. B. Do not deviate from ADH approved Drawings and Specifications without approval of Engineer. C. Deviations requested by Contractor which require re -submittal to ADH - Contractor will reimburse Owner for cost of re -submittal and obtaining approval. 1.8 NPDES STORM WATER DISCHARGE PERMIT A. NPDES Permit - Apply to the State of Arkansas for storm water discharges during construction at this site to be covered by General NPDES Permit No. ARR10A000. This application includes filing a Notice of Intent (NOI) and preparing a Storm Water Pollution Prevention Plan. B. Permit Activities: Manage the discharge of storm water from the project areas in accordance with the NPDES permit and the following provisions. Minimum requirements for storm water construction permit compliance. Contractor will develop and place in field office file a storm water pollution prevention Plan for this construction site. The objective of this Plan is to identify all potential pollution sources on -site, and, devise management and physical measures which reduce pollution and prevent such pollution from leaving the permit site. Plan shall include methods and timing for prevention of storm water pollution by the construction process, equipment and materials. This includes a description of both structural and non-structural control measures. Plan shall include flow diversion, erosion control, sediment containment, and re - vegetation consistent with the specified work and the storm water permit. Plan shall specify the Contractor's supervisory personnel who shall conduct the required inspections of the site and control facilities and who shall file the written reports for each such inspection. Plan shall require such inspection of the control facilities after each rain of 0.5 inches per day as specified in the permit. Such inspections are of particular importance in evaluating control structures and non-structural methods or procedures. Failure or ineffectiveness of control measures or procedures must be documented with corrective actions specified. I II II II II II II Old Missouri Road Improvements 01060 (2) , I L1 2. Conduct sampling and analysis of storm water run-off in accordance with the NPDES permit and the following provisions. Analysis shall be performed by a laboratory approved by Owner. ' 3. Complete compliance reports required by the permit in a timely manner and provide Owner with copies of all data on storm water management activities and monitoring. ' C. Permit Compliance: Conduct storm water management practices in accordance with the permit. Contractor shall be responsible for any enforcement action taken or imposed by federal or state agencies, including the cost of fines, construction delays, and remedial actions, resulting from Contractor's failure to comply with the permit provisions. Monitor the suitability of the designated management practices to achieve the storm water quality provisions of the permit, and notify Engineer of the any changes made to management practices. I I I I 11 II Il I I 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. Part 2- PRODUCTS Not Used Part 3- EXECUTION Not Used Old Missouri Road Improvements End of Section 01060 01060 (3) I Section 01090 REFERENCE STANDARDS AND ABBREVIATIONS Part I - GENERAL 1.1 SECTION INCLUDES A. A listing of organizations providing reference standards referenced in the Specifications. B. Information on the use of reference standards. C. A listing of abbreviations used throughout the Contract Documents. 1.2 RELATED SECTIONS A. General Conditions, Supplementary Conditions 1.3 SCHEDULE OF REFERENCES A. AASHTO American Association of State Highway and Transportation Officials 444 North Capitol Street, NW Washington, DC 20001 B. 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 Old Missouri Road Improvements 01090 (1) I G. ASTM American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 H. AWWA American Water Works Association 6666 West Quincy Avenue Denver, CO 80235 I. EJCDC Engineers' Joint Contract Documents Committee , American Consulting Engineers Council 1015 15th Street, NW Washington, DC 20005 J. FS Federal Specifications General Services Administration, Specifications and Consumer Information Distribution Section (WFSIS) Washington Navy Yard, Building 197 Washington, DC 20407 K. MIL Military Specification Naval Publications and Forms Center 5801 Tabor Avenue Philadelphia, PA 19120 , L. PCA Portland Cement Association 5420 Old Orchard Road Skokie, IL 60077 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 AASHTO - American Association of Highway and Transportation Officials 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 Old Missouri Road Improvements 01090 (2) I ' GSA - General Services Administration, U.S. Government ' NHBA - National Builders Hardware Association NEC - National Electric Code NEMA - National Electric Manufactures Association ' NFPA - National Fire Protection Association NPT - National Pipe thread SBC - Standard Building Code (also SSBC) ' SPA - Southern Products Association A - Ampere cfm - cubic feet per minute CGMP - corrugated galvanized metal pipe DIP - ductile iron pipe gpm - gallons per minute Hp - horsepower ' MGD - million gallons per day N.C. - normally closed N.O. - normally open ' ppm - parts per million psi - pounds per square inch PVC - polyvinyl chloride (pipe) ' R - motor starter relay RCP - reinforced concrete pipe rpm - revolutions per minute ' T.D. - time delay TDH - total dynamic head V - volt PART2-PRODUCTS Not Used ' PART 3 - EXECUTION Not Used ' End of Section 01090 I I I IOld Missouri Road Improvements 01090 (3) I ' Section 01300 ' SUBMITTALS ' Part I - 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 01700 - Contract Closeout: Contract warranty, manufacturer's certificates, ' and closeout submittals. 1.2 SUBMITTAL PROCEDURES ' A. Transmit each submittal with form accepted by Engineer. Send the number of copies the Contractor requires plus two copies which will be retained by the Engineer. Small ' unreadable print, common with faxed information, is not acceptable. B. Sequentially number the transmittal forms. Re -submittals to have original number with Ian 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, identify all changes made since previous submittal. I IOld Missouri Road Improvements 01300 (1) I. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions. 1.3 1.4 CONSTRUCTION PROGRESS SCHEDULES A. Submit initial progress schedule in duplicate within 15 days after date of Owner - Contractor Agreement for Engineer review. B. Submit a horizontal bar chart with separate line for each major section of Work or operation, identifying first work day of each week. C. Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. D. Indicate estimated percentage of completion for each item of Work at each submission. E. Indicate submittal dates required for shop drawings, product data, and samples. SHOP DRAWINGS A. Submit the number of opaque reproductions which Contractor requires, plus two copies which will be retained by Engineer. Small unreadable print, common with faxed information, is not acceptable. 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. Old Missouri Road Improvements 01300 (2) I G. After review distribute in accordance with Article on Procedures above and for Record Documents described in Section 01700- Contract Closeout. 1.5 PRODUCT DATA ' A. Submit the number of copies which the Contractor requires, plus two copies which will be retained by the Engineer. Small unreadable print, common with faxed information, is not ' acceptable. B. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. C. After review, distribute in accordance with Article on Procedures above and provide copies for Record Documents described in Section 01700- Contract Closeout. 1.6 SAMPLES 1 A. Submit samples to illustrate functional and aesthetic characteristics of the Product, with integral parts and attachment devices. Coordinate sample submittals for interfacing work. B. Submit samples of coatings or finishes for Engineer's selection. ' C. Include identification on each sample, with full product information. D. Submit the number or samples specified in individual specification Sections; one of which ' will be retained by Engineer. E. Reviewed samples which may be used in the Work are indicated in individual ' specification Sections. ' 1.7 MANUFACTURER'S INSTRUCTIONS A. When specified in individual specifications Sections, submit manufacturers' printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, in quantities specified for Product Data. ' B. Identify conflicts between manufacturers' instructions and Contract Documents. 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. ' Old Missouri Road Improvements 01300 (3) Part 2 -PRODUCTS ' Not Used ' Part 3 - EXECUTION Not Used End of Section 01300 1 1 1 Old Missouri Road Improvements 01300 (4) [1 Section 01410 TESTING LABORATORY SERVICES 1 Part I - GENERAL 1.1 SUMMARY A. This Section describes testing to be provided by a pre -qualified, Owner approved, ' independent laboratory, plus cooperation required from the Contractor with others responsible for testing and inspecting the Work. B. Unless otherwise specified in the Technical Specifications, all quality control and quality assurance sampling and testing shall be at the Contractor's expense in accordance with the requirements of the technical specifications. Testing required by the specifications to be completed by the Contractor is incidental to any item included in the work being tested. Retesting after corrective action to Work initially found to be defective is incidental to the item. C. The Owner reserves the right to perform additional testing and may perform some quality ' assurance testing as indicated in the technical specifications, at the Owner's expense, to compare with or confirm the Contractor's test results. If the Contractor's test results are determined to be invalid, comparative testing performed by the Owner shall be paid for by the Contractor. All failed tests shall be paid for by the Contractor. D. Related work: I. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Technical ' Specifications sections. 2. Requirements for testing may be described in various Sections of these Specifications. 3. Where no testing requirements are described, but the Owner or the Owner's representative decides that testing is required, such tests shall be performed ' under current pertinent standards for testing by the Owner. E. Selection of Laboratory: ' Selection of testing laboratory: The Owner will select a pre -qualified independent testing laboratory for its Quality Assurance testing services. The Contractor will ' select a pre -qualified independent testing laboratory for Quality Assurance/Control sampling and testing services. Neither Owner nor Contractor shall utilize a testing laboratory against which the other has a reasonable objection. 1 IOld Missouri Road Improvements 01410 (1) 1.2 1.3 TESTING LABORATORY AND TEST 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. DELIVERY, STORAGE, AND HANDLING A. Comply with pertinent provisions of Section 01620. B. The Contractor shall promptly process and distribute required copies of test reports and related instructions to assure necessary re -testing and replacement of materials with the least possible delay in progress of the Work. Part 2— PRODUCTS 2.1 2.3 2.4 QUALITY ASSURANCE / QUALITY CONTROL Responsibilities for Quality Assurance and Quality Control testing is described in the technical specifications. The costs for failed tests shall be borne by the Contractor. CODE COMPLIANCE TESTING 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. CONTRACTOR'S CONVENIENCE TESTING Inspecting and testing performed exclusively for Contractor's convenience shall be sole responsibility of Contractor. Part 3 - EXECUTION 3.1 COOPERATION WITH TESTING LABORATORY Representatives of the testing laboratory shall provide access to the Work at all times and at all locations where the Work is in progress. Old Missouri Road Improvements 01410 (2) 3.2 TAKING SPECIMENS Specimens and samples for testing, unless otherwise provided in the Contract Documents, shall be taken by testing personnel. 3.3 SCHEDULES FOR TESTING A. Establishing schedule: I. By advance discussion with testing laboratory selected by Owner, determine the time required for laboratory to perform tests and to issue findings. 2. Provide all required time within the construction schedule. B. Revising schedule: When changes of construction schedule are necessary during construction, coordinate all such changes with the testing laboratory as required. C. Adherence to schedule: When the testing laboratory is ready to test according to the established schedule, but is prevented from testing or taking specimens due to incompleteness of the Work, all extra charges for testing attributable to the delay may be back -charged to Contractor and shall not be borne by Owner. End of Section 01410 ' Old Missouri Road Improvements 01410 (3) U Section 01500 ' CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS Part I -GENERAL 1.1 SUMMARY A. This Section describes construction facilities and temporary controls required for the Work. NB. Related work: I. Documents affecting work of this Section include, but are not necessarily limited to, the General Conditions and the Supplementary Conditions 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: I. Temporary Utilities: Electricity, heat, ventilation, telephone, water and sanitary facilities. 2. Temporary Controls: Barriers, enclosures, fencing, protection of the Work, and water control. 3. Construction Facilities: Access roads and temporary buildings. 4. Project sign, if required. 1.3 DELIVERY, STORAGE, AND HANDLING A. Maintain temporary facilities and controls in proper and safe condition throughout progress of the Work. 1 I I IOld Missouri Road Improvements 01500 (1) I Part 2 -PRODUCTS 2.1 MAINTENANCE OF TRAFFIC A. Keep existing roads open to all traffic except where permitted or directed otherwise by the Contract Documents or the Engineer. Detour routes are required for this project. Keep the portion of the project being used by public traffic, either through or local traffic, in such condition to permit safe, continuous flow two-way traffic at all times. Where the nature of the work restricts or prohibits two-way flow, one-way operation may be maintained by use of flaggers. B. Conduct work as to assure the least possible obstruction to traffic. Provide for safety and convenience of the general public, residents affected by construction, and protection ofpersons and property. C. Maintain existing roads from the date work is begun until the project has been completed and accepted. D. Provide traffic control devices and operations required to delineate temporary hazards which result from construction. Traffic control devices shall comply with applicable portions of the MUTCD and Section 604 of AHTD. Traffic control devices which are ineffective due to size, age, wear and tear, or improper delineation shall be removed from the site and replaced with suitable devices. 2.2 UTILITIES I A. Water I 1. Provide necessary temporary piping and water supply and, upon completion of the Work, remove such temporary facilities. 2. Provide and pay for water used in construction, including water used to flush and test pipelines and appurtenances. B. Electricity 1. Provide necessary temporary wiring and, upon completion of the Work, remove such temporary facility. 2. Provide area distribution boxes so located that the individual trades may furnish and use 100 ft. maximum length extension cords to obtain power and lighting at points where needed for work, inspection, and safety. 3. Provide and pay for electricity used in construction. C. Heating: Provide and pay for heat devices and heat necessary to maintain specified conditions for construction operations needed in the Work. Old Missouri Road Improvements 01500 (2) 1 D. Temporary Ventilation I. Ventilate enclosed areas to assist cure of materials, to dissipate humidity, and to prevent accumulation of dust, fumes, vapors, or gases. 2. Provide equipment as required to maintain proper ventilation construction operations. E. Temporary Sanitary Facilities 1. Provide temporary sanitary facilities in the quantity required for use by all personnel. 2. Maintain in sanitary condition at all times. 2.3 BARRIERS A. Provide barriers to prevent unauthorized entry to construction areas to allow for Owner's use of site, and to protect existing facilities and adjacent properties from damage from construction operations and demolition. B. Provide protection for plant life designated to remain. Replace damaged plant life. C. Protect non -owned vehicular traffic, stored materials, site and structures from damage. 2.4 WATER CONTROL A. Grade site to drain. Maintain excavations free of water. Provide, operate, and maintain pumping equipment. B. Protect site from puddling or running water. Provide water barriers as required to protect site from soil erosion. 2.5 PROTECTION OF INSTALLED WORK A. Protect installed Work and provide special protection where specified in individual specification Sections. B. Provide temporary and removable protection for installed Products. Control activity in immediate work area to minimize damage. C. Provide temporary covering at the ends of installed piping at the end of each work day to prevent entry of dirt, debris and rodents. 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. Old Missouri Road Improvements 01500 (3) 2.7 ACCESS ROADS A. Construct and maintain temporary roads accessing public thoroughfares to serve construction area. B. Extend and relocate as Work progress requires. Provide detours necessary for unimpeded traffic flow. C. Provide and maintain access to fire hydrants, free of obstructions. 2.8 PROGRESS CLEANING A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition. B. Remove waste materials, debris, and rubbish from site periodically and dispose off -site. 2.9 FIELD OFFICES AND SHEDS A. Contractor's facilities: (applicable when included as a bid item) ' I. 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. 3. Make necessary arrangements and pay costs for installation and operation of telephone service to the Contractor's office at the job site. 4. Make the telephone available to the Engineer for use in connection with the Work. 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. I Old Missouri Road Improvements 01500 (4) I I 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. ' Part 3 -EXECUTION 3.1 MAINTENANCE AND REMOVAL A. Maintain temporary facilities and controls as long as needed for safe and proper completion of the Work. B. Remove such temporary facilities and controls as rapidly as progress of the Work will permit, or as directed by the Engineer. C. Clean and repair damage caused by installation or use of temporary work. ' D. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified condition. ' End of Section 01500 I [1 I IOld Missouri Road Improvements 01500 (5) I II Part I - GENERAL 1.1 SUMMARY Section 01620 STORAGE AND PROTECTION A. Protect products scheduled for use in the Work by means including, but not necessarily limited to, those described in this Section. ' B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, and Supplementary Conditions of these Specifications. 2. Additional procedures also may be prescribed in other Sections of these Specifications. 1.2 QUALITY ASSURANCE A. Include within the Contractor's quality assurance program such procedures as are required to assure full protection of work and materials. 1 1.3 MANUFACTURERS' RECOMMENDATIONS A. Except as otherwise approved by the Engineer, determine and comply with manufacturers' recommendations of product handling, storage, and protection. 1.4 PACKAGING A. Deliver products to the job site in their manufacturer's original container, with labels intact and legible. 1. Maintain packaged materials with seals unbroken and labels intact until time of use. 2. Promptly remove damaged material and unsuitable items from the job site, and promptly replace with material meeting the specified requirements, at no additional cost to the Owner. B. Engineer may reject as non -complying such material and products that do not bear identification satisfactory to Engineer as to manufacturer, grade, quality, and other pertinent information. II IOld Missouri Road Improvements 01620 (I) I 1.5 STORAGE A. Store materials, supplies and equipment in an orderly fashion at the site of the work as will not , unduly interfere with the progress of his work or of other contractors. 1.6 PROTECTION ' A. Provide the necessary care in unloading procedures to prevent damage to materials and equipment delivered to the job site. B. Provide necessary security fencing and measures to prevent damage through vandalism or theft. C. At all times safely guard Owner's property from injury or loss in connection with this Contract. At all times safely guard and protect the Work, and that of adjacent property, from damage. Furnish, maintain, and use such equipment as may be necessary to protect adjacent property from damage caused by construction equipment, dust, mud, dirt, and refuse from operations. Failure to prevent such damage shall be cause for stopping the Work until dust, mud, dirt, and refuse are controlled. Be fully responsible for safety precautions and protection until acceptance of the Work. I 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 1 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 Time. I End of Section 01620 I I 11 Old Missouri Road Improvements 01620 (2) 1 Section 01630 PRODUCT OPTIONS AND SUBSTITUTIONS Part I -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: I. Documents affecting work of this Section include, but arc not necessarily limited to, the General Conditions, Supplementary Conditions, and the Technical Specifications sections 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. I. In agreeing to the terms and conditions of the Contract, Contractor has accepted a responsibility to verify that the specified products will be available and to place orders for all required materials in such a timely manner as is needed to meet agreed upon construction schedule. 2. Neither Owner nor Engineer has agreed to the substitution of materials or methods called for in the Contract Documents, except as they may specifically otherwise state in writing. B. Materials and/or methods specified by name: Where materials and/or methods are specified by naming one single manufacturer and/or model number, without stating that equal products will be considered, only the material and/or method named is approved for incorporation into the Work. 2. Should Contractor demonstrate to the satisfaction of Engineer that a specified material or method was ordered in a timely manner and will not be available in time for incorporation into this Work, Contractor shall submit to Engineer such data on proposed substitute materials and/or methods as are needed to help Engineer determine suitability of the proposed substitution. Old Missouri Road Improvements 01630 (1) Li 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; 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: 1. Products specified by reference to standard specifications such as ASTM, AWWA, and similar standards; 2. Products specified by manufacturer's name and catalog model number. E. Where the phrase "or equal," or "or equal as approved by Engineer," occurs in the Specifications, do not assume that the materials, equipment, or methods will be approved as equal unless the item has been specifically so approved for the Work by Engineer. F. The decision of Owner shall be final. 1.3 REIMBURSEMENT OF ENGINEER'S COSTS I 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 1 from Owner of Engineer's billing shall reimburse Owner for the charges of Engineer and Engineer's Consultants for evaluating each such proposed substitute item. 1.4 DELAYS A. Delays in construction arising by virtue of the non -availability of a specified material and/or method will not be considered by Engineer as justifying an extension of the agreed Contract Time. , End of Section 01630 ' 1 Li Old Missouri Road Improvements 01630 (2) 1 Section 01700 CONTRACT CLOSEOUT Part I - 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, the General Conditions and Supplementary Conditions of these Specifications. 1.2 QUALITY ASSURANCE A. Prior to requesting inspection by Engineer, use adequate means to assure that the Work is completed in accordance with the specified requirements and is ready for the requested inspection. 1.3 PROCEDURES A. Substantial Completion: I. 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, the Engineer will inspect the Work to determine the status of completion. 3. Should the Engineer determine that the Work is not substantially complete: a. The Engineer will so notify the Contractor, in writing, giving reasons therefore. b. The Contractor will remedy the deficiencies and notify the Engineer when ready for re -inspection. c. The Engineer will re -inspect the work. 4. When the Engineer concurs that the Work is substantially complete: a. The Engineer will prepare a "Certificate of Substantial Completion," accompanied by the Contractor's list of items to be completed or corrected, as verified by the Engineer. b. The Engineer will submit the Certificate to the Owner and the Contractor for their written acceptance of the responsibilities assigned to the in the Certificate. B. Final Completion: Prepare and submit the notice required by the first sentence of Paragraph 14.06 of the General Conditions. Old Missouri Road Improvements 01700 (I) 11 2. Verify that the Work is complete including, but not necessarily limited to, the items mentioned in Paragraph 14.07.A of the General Conditions. , 3. Certify that: a. Contract Documents have been reviewed; b. Work has been inspected for compliance with the Contract Documents; c. Work has been completed in accordance with the Contract Documents; d. Equipment and systems have been tested as required, and are operational; and e. Work is completed and ready for final inspection. 4. Engineer will make an inspection to verify status of completion. 5. Should Engineer determine that the Work is incomplete or defective: a. Engineer promptly will so notify Contractor and Owner, in writing, listing the incomplete or defective work. b. Remedy the deficiencies promptly, and notify Engineer when ready for reinspection. 6. When Engineer determines that the Work is acceptable under the Contract Documents, he will request Contractor to make closeout submittals. C. Closeout submittals include, but are not necessarily limited to: 1. Project Record Documents. , 2. Operation and maintenance data for items so listed in pertinent other Sections of these Specifications, and for other items when so directed by Engineer. 3. Warranties and Bonds 4. Specifications with recorded changes made by addenda. 5. Spare parts and materials extra stock ' 6. Evidence of compliance with requirements of government agencies having jurisdiction including, but not necessarily limited to: a. Certificates of Inspection; b. Certificates of Occupancy; 7. Certificates of Insurance for products and completed operations; 8. Evidence of payment and release of liens; 9. List of subcontractors, service organizations, and principal vendors, including names, addresses, and telephone numbers where they can be reached for emergency service at all times including nights, weekends, and holidays. D. Final adjustment of accounts: Submit a final statement of accounting to Engineer, showing all adjustments to the Contract Price. A final Change Order reconciling quantities installed to contract amounts will be issued. 1.4 FINAL CLEANING A. Execute final cleaning prior to final inspection. I B. Remove waste and surplus materials, rubbish, and construction facilities from the site. C. Restore areas disturbed by the Work. Old Missouri Road Improvements 01700 (2) ' 1.5 ADJUSTING A. Adjust operating equipment to ensure smooth and unhindered operation. ' 1.6 PROJECT RECORD DOCUMENTS A. Maintain on site one set of the following record documents; protect from deterioration and from loss and damage until completion of the Work; record actual revisions to the Work. Do not use the record documents set for any purpose except entry of new data and for review by ' Engineer. 1. Contract Drawings. 2. Specifications. • 3. Addenda. 4. Change Orders and other Modifications to the Contract. ' 5. Reviewed shop drawings, product data, and samples. 13. Store Record Documents separate from documents used for construction. L I I I I I I I II C. Record information concurrent with construction progress. Failure to promptly make notations on Record Documents will be considered in evaluating requests for progress payments. I. 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. Submittal, Review, and Approval I. 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. IOld Missouri Road Improvements 01700 (3) G. Contractor has no responsibility for recording changes in the Work subsequent to Final Completion, except for changes resulting from work performed under Warranty. 1.7 OPERATION AND MAINTENANCE DATA A. Submit three sets prior to final inspection, bound in 8-1/2 x 11 inch text pages, three ring capacity expansion binders with durable plastic covers. B. Prepare binder covers with printed title "OPERATION AND MAINTENANCE INSTRUCTIONS", title of project, and subject matter of binder when multiple binders are required. C. Internally subdivide the binder contents with permanent page dividers, logically organized as described below, with tab titling clearly printed under reinforced laminated plastic tabs. D. Contents: Prepare a Table of Contents for each volume, with each product or system description identified, type on 30 pound white paper. E. Part 1: Directory, listing names, addresses, and telephone numbers of Engineer, Contractor, Subcontractors, and major equipment suppliers. F. Part 2: Operation and maintenance instructions, arranged by system and subdivided by specification section. For each category, identify names, addresses, and telephone numbers of Subcontractors and suppliers. Identify the following: 1. Significant design criteria. 2. List of equipment. 3. Parts list for each component. 4. Operating instructions. 5. Maintenance instructions for equipment and systems. 6. Maintenance instructions for cleaning methods, materials, and special precautions identifying detrimental agents. G. Part 3: Project documents and certificates, including the following: 1. Shop Drawings and product data. 2. Certificates. 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. Old Missouri Road Improvements 01700 (4) B. Execute and assemble documents from Subcontractors, Suppliers, and manufacturers. C. Provide Table of Contents and assemble in three ring binder with durable plastic cover. D. Submit prior to final Application for Payment. E. For items of Work delayed beyond date of Substantial Completion, provide updated submittal within ten (10) days after acceptance, listing date of acceptance as start of warranty period. 1.9 SPARE PARTS AND MAINTENANCE MATERIALS A. Provide products, spare parts, maintenance and extra materials in quantities specified in individual specification Sections. B. Deliver to Project site and place in location as directed; obtain receipt prior to final payment. 1.10 INSTRUCTION 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 Old Missouri Road Improvements 01700 (5) SP -1 -AHTD SPECIFICATIONS SP -1-1 Description The standard specifications of the Arkansas State Highway and Transportation Department (AHTD) are bound in a book titled Standard Specifications for Highway Construction. These specifications are referred to herein as "Standard Specifications." The latest edition shall apply. A copy of these "Standard Specifications" may be obtained from the Arkansas State Highway and Transportation Department, Little Rock, Arkansas, at their customary charge. SP -l-2 Incorporation and Modification SP -1 -2.I Certain parts of the Standard Specifications are appropriate for inclusion in these Technical Specifications. Such parts are incorporated herein by reference to the proper section or paragraph number. The individual specification numbers noted herein may be different from those in the latest edition of the "Standard Specifications." The most current specification number shall apply. Each such referenced part shall be considered to be a part of these Contract Documents as though copied herein in full. SP -I-2.2 Certain referenced parts of the Standard Specifications are modified in the Specifications that follow. In case of conflict between the Standard Specifications and the Specifications that follow, the Specifications that follow shall govern. SP -I-2.3 Individual material test numbers change from time to time. Use the latest applicable test. SP -1-2.4 Reference in the Standard Specifications to the "Department" are herein changed to the "Owner". END OF ITEM SP -1 Old Missouri Road Improvements SP -1-1 016050 II SP -2 - CONCRETE PAVERS SP -2-1.1 Description. This Section includes the following: Concrete pavers set in a sand setting between sidewalks and retaining walls. SP -2-1.2 Ouality Assurance. Installer Qualifications: An experienced installer who has completed unit paver installations similar in material, design, and extent to that indicated for this Project and whose work has resulted in construction with a record of successful in-service performance. SP -2-1.3 Delivery, Storage, and Handling. Protect unit pavers and aggregate during storage and construction against soiling or contamination from earth and other materials. Cover pavers with plastic or use other packaging materials that will prevent rust marks from steel strapping. Store cementitious materials on elevated platforms, under cover, and in a dry location. Do not use cementitious materials that have become damp. SP -2-1.4 Submittals. Product Data: For the following: r-; I H I I II II I. Brick pavers 2. Edge restraints Samples for Initial Selection: Manufacturer's color charts consisting of units or sections of units showing the full range of colors, textures, and patterns available for each type of unit paver indicated. I. Include similar Samples of material for joints and accessories involving color selection. Samples for Verification: Full-size units of each type of unit paver indicated; in sets for each color, texture, and pattern specified, showing the full range of variations expected in these characteristics. SP -2-2 Materials SP 2-2.1 Manufacturers. Block suppliers must provide documentation that the supplied material is in compliance with requirements. SP -2-2.2 Colors and Textures. Shall match adjacent sidewalk SP -2-2.3 Unit Pavers. Concrete Pavers: Solid, interlocking paving units, ASTM C 936- 96, made from normal -weight aggregates in sizes and shapes indicated. SP -2-2.4 Portland Cement Mortar Setting -Bed Materials. Sand for Bedding and Joints: Fine, sharp, washed, natural sand or crushed stone with 100 percent passing No. 16 sieve and no more than 10 percent passing No. 200 sieve. SP -2-3 Construction Requirements Old Missouri Road Improvements SP -2-1 016050 II SP -2-3.1 Examination. Examine areas indicated to receive paving, with Installer present, for compliance with requirements for installation tolerances and other conditions affecting performance. Proceed with installation only after unsatisfactory conditions have been corrected. SP -2-3.2 Preparation. ' A. Construct sidewalks and retaining walls B. Level and lightly compact the subgrade. C. Place bedding sand to widths and depths as shown and as required to form a uniform bedding between sidewalks and retaining walls. SP -2-3.3 Installation, General. Do not use unit pavers with chips, cracks, voids, discoloration, and other defects that might be visible or cause staining in finished work. Mix pavers from several pallets or cubes, as they are placed, to produce uniform blend of colors and textures. Cut unit pavers with motor -driven masonry saw equipment to provide clean, sharp, unchipped ' edges. Cut units to provide pattern indicated and to fit adjoining work neatly. Use full units without cutting where possible. Hammer cutting is not acceptable. 1. For concrete pavers, a block splitter may be used. Joint Pattern: As indicated. Tolerances: Do not exceed 1/16 -inch unit -to -unit offset from flush (lippage) nor 1/8 inch in 24 inches and ¼ inch in 10 feet from level, or indicated slope, for finished surface of paving. Control Joints: Provide sand joint filler at locations and of widths indicated. Expansion Joint: Construct Expansion Joint at the location shown in the plans, and in accordance with applicable requirements of SECTION 117- CURB AND GUTTER Expansion joints shall be filled with Sonnebom SL1-Sealant. SP -2-3.4 Sand Setting -Bed Applications. Tamp or beat pavers with a wooden block or rubber mallet to obtain full contact with setting bed and to bring finished surfaces within indicated tolerances. Joint Treatment: Place unit pavers with hand -tight joints. Fill joints with sand by sweeping over paved surface until joints are filled. SP -2-3.5 Repair, Pointing, Cleaning, and Protection. Remove and replace unit pavers that are loose, chipped, broken, stained, or otherwise damaged or that do not match adjoining units as intended. Provide new units to match adjoining units and install in same manner as original units, with same joint treatment and with no evidence of replacement. ' Old Missouri Road Improvements SP -2-2 016050 SP- 2-3.6 Method of Measurement. Concrete Pavers will be measured by the square foot. The measurement shall be composed of the horizontal width multiplied by the horizontal length. SP -2-3.7 Basis of Payment. Work acceptably completed and measured as provided above, will be paid for at the Contract Unit Price per square yard bid for "CONCRETE PAVERS," which price shall be full compensation for furnishing and placing all materials, including sand and expansion joint materials; and for all equipment, tools, labor and incidentals necessary to complete the work. Payment will be made under: Item SP -2-3.7 Concrete Pavers - per square foot END OF ITEM SP -2 Old Missouri Road Improvements SP -2-3 016050 SP -3 - PVC CONDUIT SP -3-I.1 Description. The Contractor shall supply and install PVC conduit for the relocation of electric school crossing sign where called for on the Plans or as directed by the Engineer. SP -3-2.I Materials. The conduit shall be a schedule 40 PVC unless approved otherwise by the City. SP -3-3.I Construction Requirements. The Contractor shall install the PVC conduit where designated on the Plans or as directed by the Engineer and shall have a minimum cover of 30 inches. PVC conduit shall be installed and connected at the joints in accordance with the manufacturer's recommendations. SP -3-4.1 Method of Measurement. Work performed under this section, acceptably completed as provided above, will be measured for by the linear foot. SP -3-5.1 Bases of Payment. PVC conduit will be paid for at the contract unit price bid per linear foot. This price shall be full compensation for trenching, installing conduit, backfill, and surface restoration; and for all materials, equipment, and labor required to complete the work. Payment will be made under: Item SP -3-5.1 2" PVC Conduit — per linear foot END OF ITEM SP -3 Old Missouri Road Improvements SP -3-1 016050 I 1 SP -4 - RELOCATION OF ELECTRIC SCHOOL CROSSING SIGN ' SP -4-1.1 Description. This section covers the relocation of the electric school crossing sign. SP -4-2.1 Materials. The Contractor shall provide all wiring, trenching, concrete, post, and any ' other materials (except PVC pipe) necessary to remove, relocate, and reconnect the existing electrical service. All materials and construction methods shall meet the City of Fayetteville or other governing authority's specifications. ' SP -4-3.1 Execution. The new location for the sign shall be verified by the Engineer. A new trench shall be cut to the new locations and the new PVC conduit (with a pull string) placed in ' the trench. All wiring shall be in -place prior to the removal of the existing sign. The sign shall be removed, moved to its new location, and reconnected within the same working day. ' Trench excavation and backfill, including bedding material, and cleanup, will not be measured separately, but will be considered subsidiary to this bid item. ' The Contractor shall have a licensed electrician reconnect the sign. It shall be the Contractor's responsibility to replace the sign (at no cost to the City) if the sign is damaged or during relocation and reconnection. ' SP -4-4.1 Method of Measurement. Relocation of electric school crossing sign will be measured for each relocated sign. All material (except PVC pipe), laying of pipe, trench excavation, backfill, wiring, cleanup, etc., will not be measured separately, but will be considered ' subsidiary to this item. SP -4-5.I Basis of Payment. Relocation of electric school crossing sign, acceptably completed as provided above, will be paid for at the contract unit price bid per each, which price ' shall be full compensation for furnishing all materials, and for all equipment, tools, labor, and incidentals necessary to complete the work. Payment will be made under: Item SP -4-5.1 Relocation of Electric School Crossing Sign - per each END OF ITEM SP -4 I I I ' Old Missouri Road Improvements SP -4-1 016050 I ' SP -5 FLOWABLE FILL SP -5-1.1 Description. This item shall consist of the furnishing, mixing, and placing of a ' flowable fill mixture in precast box culvert trenches located under paved areas. SP -5-2.I Standard Specifications. The fill shall consist of Portland Cement, fly ash, sand, and water as described in SECTION 206 - FLOWABLE SELECT MATERIAL of the Standard Specifications except as modified herein. No aggregate having larger particle size than the prescribed sand shall be used ' in the mix. SP -5-3.1 Mix Design. A mix design shall be prepared and submitted to the Engineer for approval all components and certified test results of flow and unit weight. Test trenches of at least one cubic yard each shall be made to verify the consistency, segregation, flowability, compressive strength, setting time, and difficulty of removal of the proposed mix design. The test pours shall be witnessed by the Engineer, allowed to cure for an acceptable time to determine the qualities listed, and adjusted by the ' Contractor as required to achieve the results intended by the Engineer. (a) The Contractor shall place the flowable fill in lifts, provide pipe restraints, or use other ' methods required to prevent displacement of pipe culverts or structures horizontally and vertically. Pipe which is displaced shall be removed and adjusted to the correct alignment. ' (b) The Contractor shall provide bulkheads, wood or metal forms, earth backfill, or any combination thereof to contain the flowable fill mixture and prevent its escape out of the trench or excavated area for the structure. ' (c) If the flowable fill fails to achieve the desired load bearing capability by the completion of that work day, the Engineer shall direct the Contractor to place steel plates over the trench, if ' necessary, for maintenance of through traffic or for access to residences or businesses. (d) Prior to placing of asphalt surfaces upon the upper surfaces of the flowable fill, the trench shall be proof rolled with a loaded dump truck or other acceptable piece of heavy construction equipment Ito determine the stability of the trench. Trenches shall be retested at intervals acceptable to the Engineer until the desired trench stability is achieved. Any substantial settling of the trench due to the test loads shall be corrected by the Contractor by removal or replacement of the flowable fill prior to further overlay ' or continued use of the mix design or construction methods. SP -5-4.1 Method of Measurement and Basis of Payment. Flowable Fill will not be measured for ' separate payment but will be subsidiary to the construction of the item involved. END OF ITEM SP -5 I I J Old Missouri Road Improvements SP -5-1 016050 I SP -6 CITY OF FAYETTEVILLE - LANDOWNER SIDE LETTERS AND ADDITIONAL UTILITY COORDINATION SP -6-1.1 Description. This item shall consist of the proper execution of the terms and requirements as stated herein or in the attached City of Fayetteville's Side Letters to the adjacent ' property owners. The Contractor shall coordinate his work under this contract with the relocation of franchise utilities along this construction project. ' SP -6-2.1 Materials. Materials used for Landowners Side Letters shall vary as per agreement with each adjoining landowner. SP -6-3.1 Construction Methods. The proper execution of the terms and requirements as ' stated herein or in the City of Fayetteville's Side Letters shall conform to the approval of the Engineer. This approval shall be in written form. ' Agreement #1 Wilson Property - 3310 Old Missouri Rd. The Contractor shall salvage and deliver all removed portions of the existing rock wall to the property owner at a designated location. The Contractor ' shall exercise care in the removal and salvage of this rock The existing concrete remaining on salvaged rocks shall be carefully removed as required to reconstruct a new driveway entryway. The Contractor shall field measure the existing driveway entryway and reconstruct the entryway ' similar in height and form at the location designated by the Engineer. The entryway shall be constructed using the salvaged and cleaned rocks, mortared together by an experienced mason. The Contractor shall submit proof of mason's experience to the Engineer prior to beginning any ' masonry work. The Contractor shall maintain access to the Wilson's residence during construction. Agreement #2 Etheridge Property - 3340 Old Missouri Road. See the attached two letters for further information. ' Agreement #3 English Property - Tract 21W. See the attached map and letter for further information. Agreement #4 ' Cate Property - Tract 18W. See the attached map and lever for further information. Agreement #5 Jackson Property - Tract 15W (3127 and 3129 Old Missouri Road). See the attached letter for ' further information. Agreement #6 Lenehan Property .- Tract 7W. See the attached letter for further information. ' Agreement #7 JKT Trust — See the attached letter for further information. Utility Agreement Additional coordination is required for the verification of existing utilities. Although the locations of these verifications have been identified in the plans, additional verifications may be required by the Utility Companies. The Contractor will be required to make all necessary contacts Iprior to any excavating, including contacting the One -Call system IOld Missouri Road Improvements SP -6-1 016050 fl _1 Both Arkansas Western Gas Company and Southwestern Bell Telephone have requested they be contacted and a representative be present prior to excavation at the locations shown in the Plans. The contact persons are as follows: Arkansas Western Gas Company: Johnny Boles @ 479-582-8604 Southwestern Bell Telephone: Charles Fincher @ 479-442-1968 The relocation of some utilities will take place during the Contract time, the Contractor shall , coordinate his work with all utility contractors. SP -6-4.1 Method of Measurement and Basis of Payment. Work performed under this section, acceptably completed as provided above, will be paid for at the lump sum bid price for "CITY OF FAYETTEVILLE - LANDOWNER SIDE LETTERS AND ADDITIONAL , UTILITY COORDINATION", which price shall be full compensation for this item. Periodic payments will be made under this item in proportion to the amount of work accomplished, as determined by the Engineer. I Payment will be made under. Item SP -6-4.1 City of Fayetteville — Landowner Side Letters and Additional Utility Coordination — per lump sum 1 I I I I I I I I Old Missouri Road Improvements SP -6-2 016050 ' I I I I 1J I I I I THE OT' OF FAYETTEVILLE. ARKANSAS November 7, 2002 David F. & Ann F. Wilson 3310 Old Missouri Road Fayetteville, AR 72703 RE: Project No, 00050 Old Missouri Road Improvements Tract 3W Final Side Letter Dear Mr. and Mrs. Wilson: As per discussions with both yourselves and with Kip Guthrie of Garver Engineers, the engineering firm for the above mentioned project, the following is a list of special considerations relating to the construction of the proposed improvements as they cross your property. (This letter replaces any and all previously sent Side Letters as the driveway location has changed from the one originally proposed.) Your new driveway entrance will be off of Old Missouri Road south of the existing driveway and a new driveway is to be constructed. See attached drawing for proposed location. The contractor is to remove the old driveway. The new driveway is proposed to go through part of the existing rock wall. The contractor is to clean up and finish this area, including repairing the rock wall and re -setting stones, In addition to any stones which may have to be removed with this part of construction, any stones from the wall currently along Old Missouri Road which are removed in order to construct the new concrete retaining wall are to be placed near your new driveway entrance or another nearby location as directed by you. The contractor is to construct a new entryway from said stones similar in height and form to the current entryway off Old Missouri Road. • The contractor will remove the debris that has been placed as a make -shift dam in the creek at the low spot of Old Missouri Road (near your existing driveway) as part of the construction efforts to raise the road in this area. There will be a box culvert under the driveway for storm water. The new driveway culvert is designed for the theoretical 25 -year storm event. There will be rain events which overtop the driveway and render the driveway unusable for periods of time. The designer, Garver Engineers, Inc.. has stated that the overtopping of the new driveway culvert will be less frequent ' than the overtopping of the existing driveway culvert. The new driveway culvert has been designed with 12 inch curbs on each side but no guard rails. This is necessary to reduce the effects of the culvert acting as a dam during larger storm events. I WEST MOUNTAW 72701 479621-7700 FAX 4795758257 Mr. and Mrs. Wilson Final Side Letter Page 2 of 2 The City of Fayetteville, by contract is installing the replacement driveway culvert and connecting driveway as part of the Old Missouri Road project. After the project is complete and accepted, the driveway culvert and connecting driveway shall belong to you and you will be responsible for future maintenance and/or repairs. If you are in agreement with the above mentioned considerations, please sign and return to the City of Fayetteville one copy of this letter. (The other is for your files.) If you have further concerns or comments, please contact Jill Goddard at (479) 444- 3407, Holly Jones at 444-3414, or in their absence, myself, at 575-8206. Sincerely, Jim Beavers City Engineer JB/jsg Enclosures Yes, we are in agreement with above proposed construction considerations as they pertain to our property and accept responsibility for future maintenance and/or repairs after construction completion. Date G1 l G Z� Date I FAYETTEVILLE 1 THE CRY OF FAYETTEVILLE ARKANSAS May 8, 2002 Bill J. & Carol S. Ethridge 3340 Old Missouri Road Fayetteville, AR 72703 1 1 Dear Mr. and Mrs. Ethridge: I I I I I I I RE: Project No. 00050 Old Missouri Road Improvements Tract21E Side Letter As per your telephone conversation with Jill Goddard, Land Agent for the City of Fayetteville, on Monday, May 6, 2002, the following is a list of special considerations relating to the construction of the proposed improvements as they cross your property: Full fee simple price has been offered for the proposed right-of-way and landscape damages are considered to have been included in the purchase price. As such, no additional compensation will be offered for trees within the proposed right-of-way acquisition area. > Protective fencing will be placed around trees within the temporary construction easement by the contractor. Please note that the protective fencing will be moved as needed to build the improvements. During construction, a temporary wood chip walkway (with safety fencing to separate the walkway from the construction area) will be in place within the temporary construction easement area to allow pedestrian traffic to continue undisturbed until the new sidewalk is available for use. > The fence will be moved east of its current location to the location shown on the attached drawing. Old Missouri Road will be closed to traffic from Elaine Avenue south to Stubblefield Road during construction of that segment. However, access to your property will be available at all times during construction. All other traffic is to be detoured. If you have any further concerns or comments, please contact Jill Goddard at (479) 444-3407, Holly Jones at 444-3414, or in their absence, myself, at 575-8206. Sincerely, Jim Beavers City Engineer JB/jsg Enclosures 113 WEST MOUNTAIN 77701 473621-7700 FAX 4735-153257 �Jai �r .'t. , 'S .'.1J. C1 PC CT' OF FAYMEVILLE ARKANSAS May 5, 2002 — 1 Bill J. & Carol S. Ethridge ' 3340 Old Missouri Road Fayetteville, AR 72703 IRE: Project No. 00050 Old Missouri Road Improvements Tract 21E ' Side Letter#2 Dear Mr. and Mrs. Ethridge: ' As per a telephone conversation with Jill Goddard, Land Agent, on June 4, 2002, and upon further consideration of your verbal requests of that date, the following is a list of special ' considerations relating to the construction of the proposed improvements as they cross your property (these items are in addition to those outlined in the Side Letter dated May 8, 2002): ' > The contractor is to contact you regarding the trees to be removed within the right-of-way in front of your property. Upon your direction as to location, he is to leave the trees on your property so that you can salvage them for firewood. Cutting said trees into firewood is to be done by you or your representative, and not the contractor. I) Approximately 215 linear feet of existing chain link fence is to be removed for construction and a temporary wood chip path and safety fencing to be installed during the construction phase. Plans ' originally show that approximately 175 linear feet of replacement chain link fence is to be installed at your new property line following construction. However, if you would like to waive the option of the new chain link fence being installed in order to apply that amount to ' a different type of fence, to be installed at your direction and expense separate from this project, that allowance amount would be as follows: 175 linear feet x $6.50/linear foot = $1,137.50 for 6' chain link fence (installed) ' If you are in agreement with waiving this option, please sign and return to the City of Fayetteville one copy of this letter. (The other is for your files.) 1 ' 113 WEST MOUNTAIN 72701 47%71.7700 FAX 473575-8257 " FAYETTEVILLE L1 ' THE CITY OF FAYE1 i EVIL! E. ARKANSAS ' May 6, 2002 John W. & Karen Sue English 5758 HarBerAvenue Springdale, AR 72764 RE: Project No. 00050 Old Missouri Road Improvements Tract 21W Side Letter Dear Mr. and Mrs. English: As per your telephone conversation with Holly Jones, Land Agent for the City of Fayetteville, on Friday, April 26, 2002, the following is a list of special considerations relating to the construction of the proposed improvements as they cross your property: ' > No trees on your property are to come out as part of construction. Protective fencing will be placed around said trees (Bradford pears) by the contractor. Please note that the protective fencing will be moved as needed to build the improvements. If you have any further concerns or comments, please contact Jill Goddard at (479) 444-3407, Holly Jones at 444-3414, or in their absence, myself, at 575-8206. Sincerely yours, J� im Beavers City Engineer 'JB/jsg Enclosures n I 11, ii 113 WEST MOON i A:% 72731 501 52:7700 EASEMENT APPLY STOP BAR AS SHOWN, OR AS DIRECTED BY THE ENGINEER. ST -18+00.5, 6.0' RT.� BEGIN 4" SOLID WHITE MARKING ' ! STA. 19+50.5, 6.0' LT. I 1-y IL END SOLID YELLOW MAR INGS �T�. ° 15O.5, 6.0' LT. END 4 P T �rrfl SOLID WHITE MAKING I I ,., y , y �/ PROPOSED J0 PORARY CONSTRUC77ON SEMENT 4/A Y �18-1-81.14 27.90 PROPOSED may^ RIGHT OF WA Y 22'15"E 762.55' �_; LA lye 2 9+J7.' 9 -I -J1.' -81.86 rFAYETTEVILLE I THE CITY OF FAYETI i EVI! ! E. ARKANSAS 1 II I I May 6, 2002 Roy B. Cate P.O. Box 1715 Springdale, AR 72765 ' Dear Mr. Cate: RE: Project No. 00050 Old Missouri Road Improvements Tract 18W Side Letter As per your discussion with Jill Goddard, Land Agent for the City of Fayetteville, on Monday, May 6, 2002, the following is a list of special considerations relating to the construction of the proposed improvements as they cross your property: The walkway to the house is to tie into the new sidewalk improvements at the new property line. (See attached drawing.) Any portion of said walkway and steps within the temporary construction easement that are damaged as a result of construction are to be saw cut at the northernmost limit of the temporary easement and re -poured to match. Walkway improvements are to be returned to as good or better condition following construction. At the end of construction, the grassy area of the temporary construction easement area is to be smoothed, seeded and strawed by the contractor. If you have any further concerns or comments, please contact Jill Goddard at (479) 444-3407, Holly Jones at 444-3414, or in their absence, myself, at 575-8206. Sincerely yours, Jim Beavers City Engineer JB/jsg Enclosures I 1l3 WEST MOUNTAIN 72701 501 521•77 --I . .r nn. 6I1�A/i 'I ft.. -'rte }•. AS SHOWN -NGINEER. / • 7; APPLY STOP BARS OR AS DIRECTED BY ;0' TEMPORARY rn I 1 1 n I I I The 8" cedar tree on the south edge of the proposed drainage easement 1 (see attached drawing) is to be protected by the contractor and all reasonable efforts will be made to avoid damage to the tree's root structures (i.e., any tree roots encountered are to be clean cut by saw to 1 minimize damage). This tree is not scheduled to be removed as part of this project. FAYETTEVILLE THE CRY OF FAYETTEVILLE ARKANSAS May 6, 2002 Robert Lee & Kimberly R. Jackson 3172 E. Idlewood Way Fayetteville, AR 72703 RE: Project No. 00050 Old Missouri Road Improvements Tract 15W (3127 & 3129 Old Missouri Road) Side Letter Dear Mr. and Mrs. Jackson: As per your discussion with Jill Goddard, Land Agent for the City of Fayetteville, on Tuesday, April 30, 2002, the following is a list of special considerations relating to the construction of the proposed improvements as they cross your property: 1 o Drainage improvements across your property associated with this project are NOT to be outside of the proposed 15 foot wide drainage easement. Inquiries regarding drainage concerns and problems outside of this 1 easement area should be directed to the Street Department at 575-8390. As to the numerous sewer manholes located on parcel no. 765-10235-O00 1 (3153 Old Missouri Road), sewer line relocation in front of your properties is NOT part of this improvement project. Inquiries regarding the possibility of eliminating any of these manholes should be directed to the 1 Water/Sewer Maintenance Division at 575-8386: If you have any further concerns or comments, please contact Jill Goddard at (479) 444-3407, 1 Holly Jones at 444-3414, or in their absence, myself, at 575-8206. Sincerely yours, 1 Jim Beavers 1 City Engineer JB/jsg Enclosures 113 WEST MOUNTAIN 77701 479-621-7700 FAX 479-575-8257 FAYETTEVILLE THE CRY OF FAYETTEVILLE. ARKANSAS May 6, 2002 John P. & Charlotte W. Lenehan 1971 Harold Street Fayetteville, AR 72703 RE: Project No. 00050 Old Missouri Road Improvements Tract 7W Side Letter Dear Mr. and Mrs. Lenehan: As per your telephone conversation with Holly Jones, Land Agent for the City of Fayetteville, on Friday, April 26, 2002, the following is a list of special considerations relating to the construction of the proposed improvements as they cross your property: Ic. The contractor is NOT allowed to park equipment within the temporary construction easement area overnight or weekends. Equipment allowed within the temporary easement area only during actual construction in that area. If you have any further concerns or comments, please contact Jill Goddard at (479) 444-3407, Holly Jones at 444-3414, or in their absence, myself, at 575-8206. Sincerely yours, Jim Beavers City Engineer ' JB/jsg Enclosures I iS I 113 WEST MOUNTAIN 77701 479321.7700 FAX 479375-S257 F I CT' OF FAVErTEVLLE ARKANSAS January 27, 2003 James T. Keenan and James F. Keenan JTK Trust P.O. Box 909 Fayetteville, AR 72702-0909 RE: City of Fayetteville - Acquisition Old Missouri Road Improvements Project No. 00050 Dear Messrs Keenan: As per a meeting on November 22, 2002 (with a follow-up letter by Mayor Coody to you dated December 5, 2002) and a meeting on December 6, 2002 (with subsequent follow-up letter by Greg Boettcher to Charles Trantham, your attorney), set forth below is a list of terms and conditions as pertain to the above mentioned project and the property owned by the JTK Trust: 1. The City of Fayetteville accepts the 11,042 square feet of right-of-way along Old Missouri Road (as described in the enclosed Warranty Deed) as dedicated by the JTK Trust without monetary compensation, but rather by other consideration as outlined below. Also accepted without rental compensation is the 5,347 square feet in Temporary Construction Easement (as described in the enclosed easement), noting that this temporary construction easement will terminate upon completion and acceptance of the project by the City. However, the City cannot certify any value for said donation for tax purposes. 2. The contractor is not to use the temporary construction easement area for the storage of equipment or materials other than staging during the work day. Equipment is to be parked elsewhere at the end of the work day with unused materials being returned to stockpile or storage yards at the end of the work day. These instructions are also to be added as notations on the construction drawings. 3. The construction contract requires all work to be completed within 270 calendar days after the notice to proceed, failure to meet the completion date being subject to a $500.00 per calendar day liquidated damages provision. Said liquidated damages provisions 1, apply to the entire project and are payable to the City, NOT the abutting property owners. This is a contract provision between the City and the contractor to facilitate the timely completion of the work and to recover the City's increased costs if delays result. `I 4. The City of Fayetteville will compensate the JTK Trust $4.25 per linear foot for 565 linear feet of fencing ($2,401.25), said barbed-wire fencing NOT to be replaced following construction completion. 5. The contractor will smooth, seed, fertilize, and mulch disturbed land areas, this work closely following construction in accordance with the City code. You will provide new trees (no more than 100) and materials and the City will provide labor and machinery to install said trees on your land (outside of the right-of-way acquisition area). This is to replace the trees which will be removed as a part of construction; however, the City will not be held liable or responsible for the continued growth or health of the trees. i .tsT MOUNTAIN 7Dor neat-no0 FAX 179-6758257 JTK Trust Terms & Conditions Page 2 of 2 6. The City of Fayetteville shall install, at the City's sole expense, the necessary water main extension and water meter service setting to serve the proposed residential construction on Farr Lane, just west of its intersection with Katherine Avenue. Said water main extension was drawn and designed September 26, 2002, by Jorgensen and Associates, a consulting engineer retained by you, and will be used by the City in constructing the water main extension. 7. The City of Fayetteville shall provide ingress and egress, as per above mentioned design prepared by Jorgensen and Associates. This work consists of the construction of the new curbing at the end of the stub street. This is to be performed by the City's Sidewalk Division as overseen by Mr. Gary Dumas, Director of Operations, and coordinated with him. If you are in agreement with the above mentioned terms and conditions, please sign and return to the City of Fayetteville one copy of this letter. (The other copy is for your files.) The Warranty Deed and the Temporary Construction and Grading Easement contained herein should be executed by all parties with current ownership in the particular property. These documents should be notarized and returned to the City of Fayetteville. Upon receipt of the signed right-of-way documents, this letter will become a part of any contract made between the City and the contractor who bids this project. If there are any legal questions, please contact City Attorney Kit Williams at 575-8313. If there are other questions or should additional information be needed, please contact myself or Greg Boettcher at 575-8330. Sinc ly, r Dan Coody Mayor DCfjsg Enclosures Copy: Charles S. Trantham, Attorney at Law Kit Williams, City Attorney Greg Boettcher, Water & Wastewater Director Gary Dumas, Director of Operations Tim Conklin, Interim Director of Community Planning & Engineering Services Jim Beavers, Interim City Engineer I I r" L. I I Li LI I I i Yes, we are in agreement with above proposed terms and conditions as they pertain to our property and accept responsibility for future maintenance and/or repairs after construction completion. I PP a es T. Keenan, Tru tee James F. Keenan, Trustee Date Date I I I END OF ITEM SP -6 I I ISP -7 BIODEGRADABLE STAKES SP -7-1.1 Description. This item shall consist of furnishing and installing biodegradable stakes in accordance with the manufacturer's recommendations at the locations shown in the Plans and as described in this specification. Additional information regarding the specified stakes is included with this specification. SP -7-2.1 Materials. Materials used for biodegradable stakes shall conform to North American Green Bio-StakeTM (6 inch) or an approved equal. SP -7-3.1 Construction Methods. Five (5) stakes shall be used on each section of solid sod, if the solid sod is in squares or rectangles. If the solid sod is rolled onto the topsoil, then five (5) stakes per square yard shall be used on each section. Stakes shall be placed in the center of the sod mat and at each comer. The stakes at the comer shall be 2 inches from each comer. All stakes must be driven flush with the ground. The same pattern (as described above) of staking the sod shall be used on the rolled sod with the one (1) square yard serving as a square. Broken stakes must be removed and replaced at the Contractor's expense. SP -7-3.2 Method of Measurement and Basis of Payment. Biodegradable stakes for securing solid sod or sod matting, will not be measured for separate payment, but will be considered subsidiary work pertaining to SECTION 113 - SOLID SODDING. I H I Li I' r I I I ' Old Missouri Road Improvements SP -7-1 016050 I I Effective 03/01/98 I NORTH NORTH AMERICAN GREEN Bio-STAKETM (6 inch) AMERICAN Material Specifications The North American Green Bio-STAKE is a 100 % biodegradable "T"- shaped pin designed to safely and effectively secure erosion control blankets. The biodegradable stake shall be fully degradable by biological activity within a reasonable time frame. The bio-plastic resin used in production of the biodegradable stake shall consist of polylactide, a natural, completely biodegradable substance derived from renewable agricultural resources. The biodegradable stake must exhibit ample rigidity to enable being driven into hard ground, with sufficient flexibility to resist shattering. The biodegradable stake shall have adequate serrations on the leg to increase resistance to pull-out from the soil. The biodegradable stake shall be the North American Green Bio- STAKE or approved equal, with the following dimensions: Leg Length: 6.00 in Head width: 1.25 in Head thickness: 0.25 in Leg width: 0.50 in Leg thickness: 0.25 in Contact Information: Local Supplier: Darraugh, Inc. at 479-361-5757 North American Green: 14649 Highway 41 North Evansville, IN 47725 (812) 867-6632 (800) 772-2040 in USA a Fax (812) 867-0247 www.nagreen.com (15.24 cm) I (3.18 cm) (0.64 cm) (1.30 cm) (0.64 cm) END OF ITEM SP -7 I I I Old Missouri Road Improvements SP -7-2 016050 ' Ii I SP -8 — WOOD FENCE SP -8-1.1 Description. The Contractor shall supply and install a new wood fence which matches the existing wood fence as directed by the Engineer. SP -8-2.1 Materials. The fence shall be wood and shall match the type and grade of existing wood fence. SP -8-3.I Construction Requirements. The Contractor shall verify the type of existing wood fence and match it with a similar make and style. The Post shall be set a minimum of 18" into the ground and encased in a minimum of 6' of concrete on all sides. The fencing itself shall be securely fastened to the vertical post by the methods used on the existing fence. SP -8-4.I Method of Measurement. Work performed under this section, acceptably completed as provided above, will be measured for by the linear foot. SP -8-5.1 Basis of Payment. Work performed and accepted under this item and measured as provided above will be paid for at the contract unit price bid per linear foot for "WOOD RAIL FENCE", which prices shall be full compensation for all clearing and grading; for setting posts, erecting fence, for all excavation and backfill; for furnishing all material; and for all labor, tools, equipment and incidentals necessary to complete the work. Payment will be made under: Item SP -8-5.1 Wood Rail Fence — per linear foot END OF ITEM SP -8 Old Missouri Road Improvements SP -8-1 016050 SP -9 - TREE PRESERVATION SP -9-1.1 Description. The Contractor shall understand and implement all aspects of Chapter 5 of the City of Fayetteville's Landscape Manual for tree preservation during construction. SP -9-2.I Materials. Materials which may be necessary to provide protection to the trees during construction are listed in the City's Landscape Manual. Certain items listed in this manual have been implemented elsewhere in the Plans and will not be required under this specification. The items covered in this specification are as follows: • Spreading of Mulch or Gravel • Root and Limb Pruning • Irrigation • Fertilization • Construction of fill/ aeration system • Temporary Bridges of Tree Roots SP -9-3.1 Construction Requirements. The Contractor shall coordinate his efforts with the City of Fayetteville's Landscape Administrator and implement the requirements as outlined in the City Manual. SP -9-4.1 Method of Measurement. Work performed under this section, acceptably completed as provided above, will be measured by the lump sum. SP -9-5.1 Basis of Payment. Tree Preservation acceptably completed and measured as provided above will be paid for at the contract lump sum price bid for "TREE PRESERVATION," which price shall be full compensation for implementing and adhering to the guidelines and specifications set forth by the City, for furnishing all materials; and for all equipment, tools, labor, and incidentals necessary to complete the work. Periodic payments will be made under this item in proportion to the amount of work accomplished, as determined by the Engineer. Payment will be made under: Item SP 9-5.1 Tree Preservation - per lump sum END OF ITEM SP -9 Old Missouri Road Improvements SP -9-1 016050 SP -10 - CONCRETE RETAINING WALLS WITH TEXTURED FINISH SP -10-1 GENERAL SP -10-1.1 Description. This work shall consist of installing the concrete retaining walls with textured finish between Stations 36+25 to 39+00 in accordance with the lines, grades, and dimensions shown in the plans and specified herein. Work under this section shall include excavation and compaction, concrete formwork, concrete, reinforcing, textured wall finish (Ashlar Stone Pattern form liner or approved equal and coloring of concrete), concrete coning and attachment, open graded coarse aggregate, geotextile fabric, weep holes and stainless steel hardware. SP -10-1.2 Reference Standards. ASTM C 33-97, Standard Specification for Concrete Aggregates. ASTM C 94-97, Standard Specifications for Ready Mix Concrete. ASTM C 150-97a, Standard Specifications for Portland Cement. ASTM C 979-82 (R1993), Standard Specifications for Pigments for Integrally Colored Concrete. AASHTO M 43 Size of Aggregate for Road and Bridge Construction AASHTO M 288 Geotextile Specification for Highway Applications SP -10-1.3 Standard Specifications. I. Concrete and Reinforcing steel shall be in accordance with SECTION II - CONCRETE AND REINFORCING STEEL of these specifications, except as modified as follows: Coarse aggregate for concrete retaining walls shall consist of crushed stone. It shall consist of clean, hard, tough durable particles free from shale, dirt lignite or other impurities. It shall be washed and screened for reasonably uniform gradation within limits as follows: 11 1 Size Square Opening Sieve 3/4" 3/8" No. 4 % By Weight Passing 95-100 40-60 0- 5 2. Open Graded Coarse Aggregate shall be in accordance with the applicable portions of SECTION 802 - CONCRETE FOR STRUCTURES of the Standard Specifications. Open graded coarse aggregate used for a drainage fill shall consist of crushed stone. It shall consist of clean, hard, tough durable particles free from shale, dirt lignite or other impurities. It shall be washed and screened for reasonably uniform gradation within limits as follows: Size Square Opening Sieve 1 1/2" Old Missouri Road Improvements SP -10-1 % By Weight Passing AASHTO M43 #57 100 016050 I 1" 95-100 1/2" 25-60 #4 0-10 #8 0-5 3. Geotextile Fabric shall be in accordance with the applicable portions of SECTION 625 - GEOTEXTILE FABRIC of the Standard Specifications. Geotextile fabric shall be a woven or non -woven synthetic fiber fabric complying with AASHTO M288, TABLE I — AHTD Type 1, which shall comply with requirements for subsurface drainage, Class A. SP -10-1.4 Submittals. In addition to the requirements of SECTION II - CONCRETE AND REINFORCING STEEL of these specifications, the Contractor shall submit for approval the following: 1. Plan and Elevation of the proposed concrete walls showing finished grades, top of wall elevations and top of footing elevations. 2. Reinforcing fabrication (shop) drawings. 3. The Contractor shall submit the Manufacturer's literature and specifications on the form liners (Ashlar Stone Pattern or approved equal) for the walls. 4. The Contractor shall submit the Manufacturer's literature and specifications on the method to obtain the desired color (Color pigments for ready mix concrete) for the walls. 5. The Contractor shall furnish a sample of the concrete coping with proposed attachments. 6. A minimum of three (2) test panels four (4) feet by four (4) feet in area showing the textured wall finish shall be furnished by the Contractor in order to obtain the desired look and color. Once an approved form liner and color has been obtained, these panels will be used as a guide for obtaining the desired treatment for the concrete retaining walls. The approved test panel shall be considered typical for the finish. Any deviation of color, grade or depth of the panel will be grounds for rejection of the form liner treatment and shall be removed and replaced. The test panels shall not be paid for directly but shall be considered subsidiary to the other bid items. SP -10-2 TEXTURED WALL FINISH SP -10-2.1 Textured Wall Finish. Textured treatment shall be obtained by the use of form liners made of wood, plastic, fiberglass or a combination of these products. The textured wall finish shall be a Ashlar Stone Pattern as manufactured by Pyramid Stone, Fitzgerald Formliners or approved equal. The Contractor shall follow Manufacturer's recommendations on the installation and use of the form liners. Concrete aggregate for the textured walls shall be as specified in section 10-1.3. iI I I I 11 I I I 11 Li .l II I Old Missouri Road Improvements SP -10-2 016050 , I II A uniform aggregate distribution is required for this treatment and the slump limitations of the Standard Specifications and SECTION II shall be strictly adhered with in order to avoid segregation of the aggregate. The Contractor shall not splice, cut and join, or glue the form liner panels. Each panel shall be fabricated to form a one-piece unit to the size and specifications set forth by the Manufacturer and approved by the City. Form liners made of multi -use materials shall be washed and cleaned after each use. The Contractor shall replace form liners that, in the opinion of the City, have become ' damaged or worn. Replacement of the form liner material shall be considered incidental to the work and shall not entitle the Contractor to additional compensation. ' SP -10-2.2 Color Treatment. Color treatment will be provided by pure mineral pigments, natural and synthetic iron oxides, added to the ready mix and designed for use in cementitious slump applications. Color treatment shall be as manufactured by Solomon Colors or approved equal. Each ' color shall be finely milled and blended under strict quality control procedures, recommended by the Manufacturer, producing uniform and consistently strong tinting strength. Colors shall be permanent, inert, stable to atmospheric conditions, weather resistant, alkali resistant, water insoluble, lime proof, non bleeding and free of deleterious filler or extenders. The final color shall be selected by the City. SP -10-3 BASIS OF PAYMENT Concrete Retaining Walls with Textured Wall Finish. Concrete Retaining Walls with Textured Wall Finish will be paid for at the contract unit price per cubic yard, which price shall be full compensation for excavation and compaction, concrete formwork, concrete, reinforcing, textured wall finish (Ashlar Stone Pattern form liner or approved equal and coloring of concrete), concrete coping and attachment, open graded coarse aggregate, geotextile fabric, weep holes, stainless steel hardware and all items of work necessary to satisfactorily complete the work Payment will be made under: Item SP -10-3.1 Concrete Retaining Walls with Textured Finish - per cubic yard 1 - END OF SECTION SP -10 I I i I IOld Missouri Road Improvements SP -10-3 016050 SP -I1 DETECTABLE WARNING SYSTEM 1 SP -I1-1.1 Description. This item shall consist of furnishing and installing detectable warning systems in pedestrian walkways in accordance with the manufacturer's recommendations at the locations shown in the Plans and as described in this specification. Additional information regarding the specified warning system may be obtained from the manufacturer's website. ' SP -1 1-2.1 Materials. Materials used for detectable warning systems SAFTI-TRAX or an approved equal. SAFTI-TRAX detectable warning systems is manufactured by COTE -L M Industries, Inc., and this product can be seen at the website htty://www.cotelind.com/#safti. • SP -11-3.1 Construction Methods. Detectable warning systems shall be installed or applied in accordance with the manufacturer's recommendations. Detectable warning systems shall be installed two (2) feet behind the back of curb line (up the access ramp) on all access ramps. SP -11-3.2 Method of Measurement and Basis of Payment. Detectable Warning Systems will be measured by the square foot in place, completed and accepted. Work acceptably completed, will be paid for at the contract unit price per square foot bid for "DETECTABLE WARNING SYSTEM," which price shall be full compensation for furnishing and placing all materials, for preparation of surface, and for all equipment, tools, labor and incidentals necessary to complete the work. ' Payment will be made under: SP -1 1-3.2 Detectable Warning System - per square foot END OF ITEM SP -II 1 I I I u I VOld Missouri Road Improvements SP -1 1-1 016050 Li SP -12 - WATER LINES SP -12-1.1 General The Standard Water Line Specifications as published by the City of Fayetteville shall govern for all water main construction on this project. A copy of these "Standard Specifications" may be obtained from the City of Fayetteville Engineering Department. SP -12-2.1 Materials All materials used in the construction of water mains and service lines 1 shall be as set forth in the City of Fayetteville Standard Water Line Specifications, dated April 2's, 1996. SP -12-3.1 Execution The installation of all water mains, all water service lines, all water service line re -connection, and any other water -related installation shall be as set forth in the City of Fayetteville Standard Water Line Specifications, dated April 2n°, 1996. SP -12-4.1 Method of Measurement Measurement of water pipe lines as a basis of payment shall be made along the pipe from center to center of intersecting lines, or from center to end of branch lines. The measurement shall be by the linear foot (L.F.) of water line pipe acceptably installed and completed. Measurement for ductile iron water line fittings will be made per pound (LB.) of ductile iron M.J. waterline fittings of the size and type specified acceptably installed and completed. This item shall also include the unit weight for all plugs to be installed in existing sanitary sewer lines where called out on ' the plans. Measurement for gate valves and boxes will be made by each (EA.) gate valve and box of the size specified acceptably installed and completed. This item shall consist of furnishing and installing the gate valve of the required size, valve box, thrust blocking and concrete caps around the top of the valve boxes, and shall include all equipment, material and incidentals necessary for complete installation. I I I 1 I Measurement for fire hydrant installation will be for each (EA.) fire hydrant assembly acceptably installed and completed. Included under this item is the fire hydrant, gate valve, lead, tee of required size, locked hydrant adapters, thrust blocking, concrete cap around the valve box, granular material for hydrant drainage, and all incidentals necessary to install the hydrant in working condition, accepted and approved by the Owner and adjusted to the proper height as required. The lead shall consist of five (5) linear feet of ductile iron pipe. Measurement for tapping sleeve, valve & valve box will be for each (EA.) tapping sleeve, valve and valve box acceptably installed and completed, tested and accepted by the Owner, which shall be full compensation for tapping the water main, furnishing and installing the required tapping sleeve, valve and valve box, concrete collar around the valve box, installing the required thrust blocking, and all other equipment, tools, labor, and incidentals necessary to complete the work. Measurement for water meter settings and connections to existing "house" service lines of the size and type shown on the plans will be made by each (EA.) water meter setting and "house" connection acceptably installed and completed. This measurement shall include all materials, labor, tools, equipment, and incidentals necessary to install the standard water meter setting and make the required "house" connection at the locations shown on the plans. Ii Old Missouri Road Improvements SP -12-1 016050 I Measurement for connection of an existing service line to the proposed 8" water main will be measured by each (EA.) connection acceptably installed and completed. This measurement shall include all materials, labor, tools, equipment, and incidentals necessary to connect the existing water services to the proposed 8" water main at the locations shown on the plans. Measurement for PVC water service line will be made by each (EA.) P.V.C. water service line installed, and shall include all work, materials and labor involved to remove the existing service lines, existing corp stops, remove the existing tapping collars, and shall include all new materials including new tapping collars, corp stops, P.V.C. service line, ball valve of the appropriate size, curb stops, and buried metal locators as specified by the City of Fayetteville Water & Sewer Department. Measurement for cutting and capping an existing water main will be made by each (EA.) cut & cap of the size shown on the plans acceptably installed and completed, and shall include all work, materials and labor involved to cut, cap, provide thrust restraint and blocking, and kill the existing water main to which the connection is being made at the location shown on the plans. This shall also include the cost of the cap. SP -12-5.1 Basis of Payment Payment for water pipe lines will be made at the contract unit price bid per linear foot (L.F.) for each type and size of water line pipe as shown on the plans, which price shall be full compensation for all trench excavation, imported bedding and backfill, furnishing and installing the pipe, tracer wire, metallic detection tape, testing, chlorination, and for all materials, equipment, tools, labor, clean-up, and incidentals necessary to complete the work. Payment for ductile iron M.J. water line fittings will be made at the contract unit price bid per pound (LB.) of ductile iron M.J. waterline fittings for each size and type as shown on the plans. The contractor shall submit a list of all fittings installed, the location installed, and the weight of each fitting installed on his request for payment before payment will be considered. Payment for gate valves and boxes will be made at the contract unit price bid per each (EA.) gate valve and box for each size and type shown on the plans, which shall be full compensation for furnishing and installing the valve and box of the required size, and for all materials including tracer wire, labor, tools and incidentals necessary to complete the installation as shown in the plans. Payment for fire hydrant assemblies will be made at the contract unit price bid per each (EA.) fire hydrant assembly shown on the plans. Said price shall be full compensation for all materials, equipment, tools, labor, and incidentals necessary to complete the fire hydrant installation, which includes adjustment of the hydrant to the correct height as required by the Owner. Leads longer than five (5) feet will be paid for pipe of the same size as stated herein. Payment for tapping sleeve, valve & valve box will be made at the contract unit price bid for each (EA.) tapping sleeve, valve & valve box for each size and type as shown on the plans. Said price shall be full compensation for all materials, equipment, tools, labor, expenses including tap fee, and all other incidentals necessary to install the tapping sleeve, valve & valve box. Payment for water meter settings and connections to existing "house" service line will be made at the I contract unit price bid per each (EA.) water meter setting installed and connection to the existing "house" service line for each type and size shown on the plans, and includes all materials from the end of the P.V.C. service line to the connection of the service line including new meter box, setting, connection to Old Missouri Road Improvements SP -12-2 016050 I the existing "house" service line, equipment, tools, labor, and all associated fees. ' Payment for connecting an existing water service to the proposed water main will be made at the contract unit price bid per each (EA.) connection of an existing water service line to the proposed water main. Payment will include all materials, tools, equipment, labor and incidentals necessary to make the connection to the proposed water main as shown on the plans. Payment for PVC water service line will be made at the contract unit price bid per each (EA.) P.V.C. ' water service line of the size and type as shown on the plans. Payment will include all materials including the ball valve of the appropriate size, tools, equipment, labor and incidentals necessary to install the PVC service line of the correct size as shown on the plans. Payment for cutting and capping an existing water main will be at the contract unit price bid per each (EA.) water line of the size and type capped and cut as shown on the plans. Payment will include all materials, tools, equipment, labor and incidentals necessary to cut, cap and kill the water main of the specified size as shown on the plans. Payment will be made under the following items SP -12-5.1a 6" PVC AWWA C-900 DR -14 Waterline - per linear foot SP-12-5.lb 8" PVC AWWA C-900 DR -14 Waterline - per linear foot SP -12-5.1c 6" MJ Waterlihe Fittings - per pound SP -12-5.1d 8" MJ Waterline Fittings- per pound ' SP -12-5.1e 8" Gate Valve and Box - per each SP -12-5.1 f Fire Hydrant Assembly - per each SP -12-5.1 g 8"x8" Tapping Sleeve, Valve and Valve Box — per each SP -12-5.1h 6"x6" Tapping Sleeve, Valve and Valve Box- per each SP -12-5.1i Standard Single Water Meter Setting and Connection to existing "House" ' SP-12-5.Ij SP -12-5. I k SP -12-5.11 SP -12-5.1 m SP- 12-5. In I Service - per each 1.5" Water Meter Setting and Connection to existing "House" Service Line - per each Connect Existing Water Service Line to Proposed Water Main - per each 2" PVC Service Line and 2" Ball Valve - per each Cut and Cap Existing 6" Water Main- per each Cut and Cap Existing 8" Water Main- per each I ' Old Missouri Road Improvements END OF SECTION SP -12 SP -12-3 016050 I SP -13 - REMOVE AND RELOCATE FENCE SP -13-1.1 Description. This item shall consist of the removing, salvaging and the relocation of existing chain link fence, providing new steel post, disposing of the existing post, and filling all voids from the removed post as directed by the Engineer or as indicated on the Plans. IAll work shall be in accordance with details shown on the Plans and with these Specifications. SP -13-2.1 Standard Specifications. This item shall be accomplished in accordance with SECTION 208 - FENCE MOVED AND RECONSTRUCTED of the Standard Specifications, except as modified or augmented herein. ' SP -13-3.1 Materials. The relocated fences shall utilize the same material as the existing fence, or as approved by the property owner and the Engineer. The existing fence material shall not be destroyed during ' removal without prior approval of the substitute materials. When damaged or unsalvageable, existing fencing and/or appurtenances shall be replaced with ' new materials as directed by the Engineer. SP -13-0.1 Execution. Construction methods shall be as shown on the Plans and/or as approved by the Engineer. Portions of existing fences to be removed shall be disassembled, removed and disposed of including below ground concrete. Posts shall not be cut off and abandoned in place. Salvageable materials ' will be used in the relocated fence. Post holes shall be filled with soil and tamped flush with the surface. Chain link fence fabric may be salvaged from the existing fence along with top rails, fasteners, and other miscellaneous above ground hardware. Line and gate posts shall not be reused, but shall be furnished by the Contractor to match existing posts. Concrete, wire, wire ties comer bracing, concrete and other necessary miscellaneous hardware shall be furnished by the Contractor to complete the fence. Where existing gates occur, gates shall be relocated to the same relative positions along the relocated fence line. SP -13-5.1 Method of Measurement. Removal and relocation of fence, including gates and end panels, will be measured by the linear foot, measurements being taken along the midheight of the fence from i center of end post to end post, in its relocated position. Separate measurement will not be made for gates or any of the devices used to hang and close gates. Measurement for fence will include the space occupied by gates. ' SP -13-6.1 Basis of Payment. Payment will be made for work covered under this paragraph at the contract unit price bid per linear foot for "REMOVE AND RELOCATE FENCE," which price shall be full compensation for the furnishing of all materials, including fence, posts, braces, gates, and other fence hardware; and for all labor, equipment, tools, excavation, and incidentals necessary to complete the work. Payment will be made under: SP -13-66.1 Remove and Relocate Fence - per linear foot END OF SP -13 Old Missouri Road Improvements SP -13-1 016050 I I SECTION E -I SITE PREPARATION ' DESCRIPTION El -1.1 This item covers the preparation of the site for construction of the proposed ' improvements. The attention of the bidder is directed to the necessity for careful examination of the entire project site to determine, at the time of bid preparation, the full extent of work to be done under the item "Site Preparation." El -l.2 The item "Site Preparation" shall include: 1. Mobilization ' 2. Contractor's Staging Areas 3. Contractor's Access/Haul Roads 4. Clearing and Grubbing 5. Removal and Disposal of Structures 6. 404 Permit Compliance 7. Clean Up CONSTRUCTION METHODS E1-2.1 MOBILIZATION: The Contractor shall consider and include his cost for providing personnel, equipment, materials, bonds, etc. required for prosecution of the work under this item. ' El -2.2 CONTRACTOR'S STAGING AREAS: The Contractor's work shall be limited to the right-of-way and / or easement needed for the prosecution of immediate work. The right-of-way and easements shall not be used for storage of equipment, materials, job trailer (if required), ' sanitary facilities or any other items not consistent with the immediate work being performed. The Contractor must secure, maintain, and restore at his own expense any necessary storage and staging areas. Staging and storage areas must be maintained throughout the project. All ' work involved in the preparation and restoration of areas used or occupied by the Contractor will not be measured for separate payment, but will be considered subsidiary to the bid item "Site Preparation." The Contractor shall not unnecessarily interfere with the use of any adjacent sidewalks, streets, roads, homes or businesses. El -2.3 CONTRACTOR'S ACCESS/HAUL ROADS: The Contractor shall layout, construct, ' maintain, remove and/or reshape all access/haul roads needed to construct the work. Work, including all materials and labor, involved in the layout, construction, maintenance, repair, and removal (including re -seeding of the area occupied by the road), and/or re -shaping of the Contractor's access/haul roads will not be measured for separate payment, but will be considered subsidiary to the bid item "Site Preparation." ' The Contractor shall make the necessary provisions to maintain all City streets clean from debris from the work site. Any debris from the work site or an off -site borrow area shall be quickly removed and cleaned as necessary to maintain existing traffic patterns. Any Damage resulting from the Contractor's operations to existing streets, driveways, or other structures designated to remain shall be repaired at the ' Contractor's expense. ' Before final acceptance of the project, any damage to the existing roads caused by the Contractor shall Old Missouri Road Improvements EI-I 016050 be repaired as directed by the Engineer. The repair of the existing roads will not be measured for separate payment but will be considered subsidiary to the item "Site Preparation". E1-2.4 CLEARING AND GRUBBING: This work shall consist of cutting, removing from the ground, and properly disposing of trees, stumps, hedge, brush, roots, weeds, rubbish, and other materials within the limits of the project or other designated areas that interfere with the work or are considered objectionable. The project site shall be cleared except those objects designated to remain shall be carefully protected from abuse, marring, or damage during construction operations. Holes remaining after removal of trees, stumps, etc., shall be backfilled with material approved by the Engineer and compacted as directed except in areas to be excavated. The Contractor shall complete the operation by blading, bulldozing, or other approved methods, so that the project site shall be free of holes, ditches, or other abrupt changes in elevations that resulted from the clearing and grubbing ' operations. The project site shall be cleared of stumps, brush, rubbish, trees, and shrubs, with the exception of such trees, shrubs, and areas designated on the Plans or by the Engineer for preservation. Grubbing will not be required in areas that will have a fill height of 3 feet or more above undisturbed stumps cut within 6 inches of the natural ground. Debris shall be removed from the project site and disposed of at an off -site location. The entire job site shall be cleared of all debris, of whatever nature, and made ready in all respects for the construction of the proposed improvements. The Contractor shall make all necessary arrangements with the property owner for obtaining suitable disposal locations. The costs involved in clearing and grubbing, obtaining disposal sites, hauling, and final cleanup will not be paid for directly but will be considered subsidiary to "Site Preparation" E1-2.6 REMOVAL AND DISPOSAL OF STRUCTURES: This work shall consist of the removal and satisfactory disposal of utility poles; signs, sign supports, sign foundations; traffic rail; fence; curb and curb and gutter; portland cement concrete or asphalt concrete pavement, parking areas, sidewalks, and steps; driveways; retaining walls; manholes; drainage structures; concrete or masonry foundations (including foundations of poles or signs to be removed) or slabs; and culverts, all of which are not designated or permitted to remain. The Contractor shall make his own estimate of the work required for the removal of structures which conflict with the proposed construction. All structures required to be removed may not be designated as such in the plans. The provisions of this section shall not apply to underground petroleum storage tanks. The attention of the bidder is directed to the necessity for careful examination of the entire site to determine, at the time of bid preparation, the full extent of work to be accomplished. The entire site shall be cleared of all man-made obstructions and debris, of whatever nature, and prepared in all respects for the construction. The Contractor shall not unnecessarily interfere with the use of any adjacent sidewalks, streets, or roads. Materials removed will become the property of the Contractor and shall be removed from the job site, unless specifically designated otherwise. Old Missouri Road Improvements El -2 016050 ' All surface items such as curb, curb and gutter, driveways, parking areas, walks, steps, asphalt and FCC pavement, and walls shall be separated or broken away from the adjacent part of any structure designated to remain in place by a vertical saw cut along the line designated by the Engineer. The ' edge of the structure left in place shall be approximately vertical with no abrupt changes in alignment. Any damage to or removal of the structure designated to remain in place shall be repaired or replaced at no cost to the Owner. Li I Holes, ditches, or other abrupt changes in elevation -caused by the removal operations that could obstruct drainage or be considered hazardous or unsightly shall be backfilled, compacted, and left in a workmanlike condition. Existing culverts or parts thereof that interfere with the new construction shall be removed. Where existing pipe culverts are to be extended or otherwise incorporated into the new work, only such part of the existing structure shall be removed as to provide a proper connection to the new work. ' The connecting edges or joints shall be cut, chipped, and trimmed to the required lines and grades without weakening or damaging the part of the structure to be retained. II d I I I 11 For a pipe culvert extension, the headwall and the attached end joint of concrete pipe or the flared end section on all types of pipe shall be removed to accommodate the extension. This work will not be paid for directly but will be considered included in the items involved in the culvert extension. Trenches or voids resulting from the removal or demolition of existing culverts or other structures shall be filled with approved material placed in layers in accordance with SECTION E-2. Masonry and reinforced concrete foundations shall be obliterated, or if in fill sections, may be left in place if covered by not less than 2 feet of embankment. Concrete foundations for poles to be removed shall be obliterated to a depth of 2 feet below finished grade or as required to accommodate new construction. The removal and disposal of the various items covered by this specification will not be measured for separate payment, but will be subsidiary to the bid item "Site Preparation". E1-2.7 404 PERMIT COMPLIANCE: Included in these specifications is a copy of Department of the Army Nationwide Permit No. 17821. The Contractor shall understand, implement and be in compliance with ALL sections of the permit. ' No separate payment will be measured for understanding, implementing, and complying with this permit, but will be considered subsidiary to the bid item "Site Preparation." 11 I I II El -2.8 CLEAN UP: From time to time, the Contractor shall clean up the site in order that the site presents a neat appearance and that the progress of work will not be impeded. One such clean up shall immediately precede final inspection. Immediately following acceptance of the work by the Owner, the Contractor shall remove all temporary equipment, surplus materials, and debris resulting from his operations, and leave the site in a condition fully acceptable to the Owner. Old Missouri Road Improvements El -3 016050 I I MEASUREMENT AND PAYMENT E1-3.1 Site Preparation will be measured as a lump sum complete item. Work completed and accepted under this item will be paid for at the contract lump sum price bid for "Site Preparation," which price shall be full compensation for furnishing all labor, tools, equipment and incidentals necessary to complete the work. Periodic payments will be made under this item in proportion to the amount of work accomplished, as determined by the Engineer. Payment will be made under: Item E1-3.1 Site Preparation - per Lump Sum END OF SECTION E-1 I I I [] I I I Cl I I Old Missouri Road Improvements E1-4 016050 I DEPARTMENT OF THE ARMY -. j LITTLE ROCK DISTRICT, CORPS OF ENGINEERS �.j• POST OFFICE BOX 867 R TO LITTLE ROCK, ARKANSAS 72203-0867 _ ATTENTION OF � 2 7 2002 Planning, Environmental and Regulatory Division ' Regulatory Branch NATIONWIDE PERMIT NO. 17821 Kip Guthrie, P.E. Garver Engineers '3810 Front Street, Suite 10 Fayetteville, Arkansas 72703 Dear Mr. Guthrie: Please refer to your letter dated August 20, 2002, concerning Department of the Army permit requirements pursuant to Section 404 of the Clean Water Act. On behalf of the City of Fayetteville, you requested authorization for the placement of dredged and fill material in other waters of the United States associated with the proposed improvements to Old Missouri Road. The improvements would require the relocation of an existing sewer line crossing an unnamed intermittent tributary of Mud Creek, the construction of a box culverted crossing for driveway ' access across the unnamed intermittent tributary of Mud Creek, and the replacement of an existing culvert under Old Missouri Road. Total impacts to other waters of the United States would be 0.02 acres. The project is located in the S 1/2 of section 25, T. 17 N., R. 30 W., ' Fayettevile, Washington County, Arkansas. The proposed activities are authorized by Department of the Army Nationwide Permits (NWPs) No. 12 and 14 (copy enclosed), provided that the conditions therein are met. You should become familiar with the conditions and maintain a copy of the permit at the worksite for ready reference. If changes are proposed in the design or location of the facilities, you should ' submit revised plans to this office for approval before construction of the change begins. Please refer to NWP Condition No. 3, which stipulates that appropriate erosion and siltation controls be used during construction and all exposed soil be permanently stabilized. In order to fully comply with the conditions of the NWP, you must submit the enclosed compliance certification within 30 days of completion of the project. This is required pursuant to General Condition No. 14 of the permit. ' This permit action is based upon a Corps of Engineers determination that the subject work is within the jurisdiction of the Department of the Army regulatory program. You may ' contact the Little Rock District Regulatory Branch if you wish to discuss your options for appealing this determination. I ' 0l o. - to o.SD -2 - This NWP determination will be valid for two years unless the NWPs are modified, suspended, or revoked within that two-year period. If NWPs No. 12 & 14 are modified, suspended, or revoked during this period, your project may not be authorized unless you have begun or are under contract to begin the project. If work has started or the work is under contract, you would then have twelve months to complete the work. If you have any questions about this permit or any of its provisions, please contact me at (501) 324-5295 and refer to Permit No. 17821. Sincerely, r B (- Brent J. 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' C / E a / ( CC' ' g. -I• / I - CM / .ys 1 y 0 . t flU a dS 1 Y� .Rt, / aY nut, 8 ar. 4 [=9.a F n C IPERMITTEE COMPLIANCE CERTIFICATION ' PERMIT NO.: 17821 1 L1 I 1 I I NNVP/S NO.: 12 & 14 PERMITTEE NAME: CITY OF FAYFTTFVII IF - pin MISSOURI ROAD DATE OF ISSUANCE: PROJECT MANAGER: Mr. Brent .lamer Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: U.S. Army Corps of Engineers, Little Rock ATTENTION: CESWL-PR-R P.O. Box 867 Little Rock, AR 72203-0867 ' Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with this permit, you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit, and required mitigation was completed in accordance with the permit conditions. DATE WORK COMPLETED: [1 1 SIGNATURE OF PERMITTEE I1 DATE I1 I Nationwide Permits and Conditions Nationwide Permit No. 12. 1 Itility line Aetivitiec. Activities required for the construction, maintenance and repair of utility lines and associated facilities in waters of the US as follows: (i) Utility lines: The construction, maintenance, or repair of utility lines, including outfall and intake structures and the associated excavation, backfill, or bedding for the utility lines, in all waters of the US, provided there is no change in preconstruction contours. A "utility line" is defined as any pipe or pipeline for the transportation of any gaseous, liquid, liquescent, or slurry substance, for any purpose, and any cable, line, or wire for the transmission for any purpose of electrical energy, telephone, and telegraph messages, and radio and television communication (see Note 1, below). Material resulting from trench excavation may be temporarily sidecast (up to three months) into waters of the US, provided that the material is not placed in such a manner that it is dispersed by currents or other forces. The District Engineer may extend the period of temporary side casting not to exceed a total of 180 days, where appropriate. In wetlands, the top 6" to 12" of the trench should normally be backfilled with topsoil from the trench. Furthermore, the trench cannot be constructed in such a manner as to drain waters of the US (e.g., backfilling with extensive gravel layers, creating a french drain effect). For example, utility line trenches can be backfilled with clay blocks to ensure that the trench does not drain the waters of the US through which the utility line is installed. Any exposed slopes and stream banks must be stabilized immediately upon completion of the utility line crossing of each waterbody. (ii) Utility line substations: The construction, maintenance, or expansion of a substation facility associated with a power line or utility line in non -tidal waters of the US, excluding non -tidal wetlands adjacent to tidal waters, provided the activity does not result in the loss of greater than 'h -acre of non -tidal waters of the US. (iii) Foundations for overhead utility line towers, poles, and anchors: The construction or maintenance of foundations for overhead utility line towers, poles, and anchors in all waters of the US, provided the foundations are the minimum size necessary and separate footings for each tower leg (rather than a larger single pad) are used where feasible. (iv) Access roads: The construction of access roads for the construction and maintenance of utility lines, including overhead power lines and utility line substations, in non -tidal waters of the US, excluding non -tidal wetlands adjacent to tidal waters, provided the discharges do not cause the loss of greater than '/2 -acre of non -tidal waters of the US. Access roads shall be the minimum width necessary (see Note 2, below). Access roads must be constructed so that the length of the road minimizes the adverse effects on waters of the US and as near as possible to preconstruction contours and elevations (e.g., at grade corduroy roads or geotextile/gravel roads). Access roads constructed above preconstruction contours and elevations in waters of the US must be properly bridged or culverted to maintain surface flows. The term "utility line" does not include activities which drain a water of the US, such as drainage tile, or french drains; however, it does apply to pipes conveying drainage from another area. For the purposes of this NWP, the loss of waters of the US includes the filled area plus waters of the US that are adversely affected by flooding, excavation, or drainage as a result of the project. Activities authorized by paragraph (i) through (iv) may not exceed a total of'h- acre loss of waters of the US. Waters of the US temporarily affected by filling, flooding, excavation, or drainage, where the project area is restored to preconstruction contours and elevation, is not included in the calculation of permanent loss of waters of the US. This includes temporary construction mats (e.g., timber, steel, geotextile) used during construction and removed upon completion of the work. Where certain functions and values of waters of the US are permanently adversely affected, such as the conversion of a forested wetland to a herbaceous wetland in the permanently maintained utility line right-of-way, mitigation will be required to reduce the adverse effects of the project to the minimal level. Mechanized land clearing necessary for the construction, maintenance, or repair of utility lines and the construction, maintenance and expansion of utility line substations, foundations for overhead utility lines, and access roads is authorized, provided the cleared area is kept to the minimum necessary and preconstruction contours are maintained as near as possible. The area of waters of the US that is filled, excavated, or flooded must be limited to the minimum necessary to construct the utility line, substations, foundations, and access roads. Excess material must be removed to upland areas immediately upon completion of construction. This NWP may authorize utility lines in or affecting navigable waters of the US even if there is no associated discharge of dredged or fill material (See 33 CFR Part 322). Notification: The permittee must notify the District Engineer in accordance with General Condition 13, if any of the following criteria are met: (a) Mechanized land clearing in a forested wetland for the utility line right-of-way; (b) A Section 10 permit is required; (c) The utility line in waters of the US, excluding overhead lines, exceeds 500 feet; (d) The utility line is placed within a jurisdictional area (i.e., water of the US), and it runs parallel to a stream bed that is within that jurisdictional area; (e) Discharges associated with the construction of utility line substations that result in the loss of greater than 1/10 -acre of waters of the US; (1) Permanent access roads constructed above grade in waters of the US for a distance of more than 500 feet; or (g) Permanent access roads constructed in waters of the US with impervious materials. (Sections 10 and 404) Note 1: Overhead utility lines constructed over Section 10 waters and utility lines that are routed in or under Section 10 waters without a discharge of dredged or fill material require a Section 10 permit; [1 I I I I I [1 [1 [] I [1 1 [1 [1 El I I except for pipes or pipelines used to transport gaseous, liquid, 'liquescent, or slurry substances over navigable waters of the US, which are considered to be bridges, not utility lines, and may require a permit from the USCG pursuant to Section 9 of the Rivers and Harbors Act of 1899. However, any discharges of dredged or fill 'material associated with such pipelines will require a Corps permit under Section 404, Note 2: Access roads used for both construction and maintenance may be authorized, provided they meet the terms and conditions of this NWP. Access roads used solely for construction of the utility line must be removed upon completion of the work and the area restored to preconstruction contours, elevations, and wetland conditions. Temporary access roads for construction may be authorized by NW? 33. Note 3: Where the proposed utility line is constructed or installed in navigable waters of the US (i.e., Section 10 waters), copies of the PCN and NWP verification will be sent by the Corps to the National Oceanic and Atmospheric Administration (NOAA), National Ocean Service (NOS), for charting the utility line to protect navigation. 'Nationwide Permit No. 14. I inrar Tmncpnrtarino Prnjretc, Activities required for the construction, expansion, modification, or improvement of linear transportation crossings (e.g., highways, railways, trails, airport runways, and taxiways) in waters of the US, ' including wetlands, if the activity meets the following criteria: a. This NWP is subject to the following acreage limits: (1) For linear transportation projects in non -tidal waters, provided the discharge does not cause the loss of greater than /-acre of waters of the US; of (2) For linear transportation projects in tidal waters, provided the ' discharge does not cause the loss of greater than 1/3 -acre of waters of the US. b. The permittee must notify the District Engineer in accordance with General Condition 13 if any of the following criteria are met: '(1) The discharge causes the loss of greater than 1/10 -acre of waters of the US; or (2) There is a discharge in a special aquatic site, including ' wetlands; c. The not jcation must include a compensatory mitigation proposal to offset permanent losses of waters of the US to ensure that those losses result only in minimal adverse effects to the aquatic environment and a statement describing how temporary losses will be minimized to the maximum extent practicable; d. For discharges in special aquatic sites, including wetlands, and 'stream riffle and pool complexes, the notification must include a delineation of the affected special aquatic sites; e. The width of the fill is limited to the minimum necessary for the ' crossing; f. This permit does not authorize stream channelization, and the authorized activities must not cause more than minimal changes to the hydraulic flow characteristics of the stream, increase flooding, or 'cause more than minimal degradation of water quality of any stream (see General Conditions 9 and 21); g. This permit cannot be used to authorize non-linear features commonly associated with transportation projects, such as vehicle maintenance or storage buildings, parking lots, train stations, or aircraft hangars; and h. The crossing is a single and complete project for crossing waters of the US. Where a road segment (i.e., the shortest segment of a road with independent utility that is pan of a larger project) has multiple crossings of streams (several single and complete projects) the Corps will consider whether it should use its discretionary authority to require an Individual Permit. (Sections 10 and 404) Note: Some discharges for the construction of farts roads, forest roads, or temporary roads for moving mining equipment may be eligible for an exemption from the need for a Section 404 permit (see 33 CFR 323.4). Nationwide Permit General Conditions The following General Conditions must be followed in order for any authorization by an NWP to be valid. I, Nalugatinn. No activity may cause more than a minimal adverse effect on navigation. 2. Prnper Mnrnrrnnnro, Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. 3. Soil Erg, chin and Sediment Cnnrrnle. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high ride line, must be permanently stabilized at the earliest practicable date. Perrnittees are encouraged to perform work within waters of the United States during periods of low -flow or no -flow. 4. dq •aS r=r Fife Mawmenrc. No activity may substantially disrupt the necessary life -cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. Culverts placed in streams must be installed to maintain low flow conditions. 5. Equipment Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize soil disturbance. 6. Pcginnn/ and r'arr-RV--'lice rnnditianc. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state or tribe in its Section 401 Water Li Quality Certification and Coastal Zone Management Act consistency determination. 7. Wild and crrnir Riven. No activity may occur in a component of the National Wild and Scenic River System; or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status; unless the appropriate Federal agency, with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation, or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency in the area (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). 8. Trihal Ri htc. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 9. Wnipr ¢nom (a) In certain states and tribal lands an individual 401 Water Quality Certification must be obtained or waived (See 33 CFR 330.4(c)). (b) For NWPs 12, 14, 17, 18, 32, 39, 40, 42, 43, and 44, where the state or tribal 401 certification (either generically or individually) does not require or approve water quality management measures, the permittee must provide water quality management measures that will ensure that the authorized work does not result in more than minimal degradation of water quality (or the Corps determines that compliance with state or local standards, where applicable, will ensure no more than minimal adverse effect on water quality). An important component of water quality management includes stormwater management that minimizes degradation of the downstream aquatic system, including water quality (refer to General Condition 21 for stormwater management requirements). Another important component of water quality management is the establishment and maintenance of vegetated buffers next to open waters, including streams (refer to General Condition 19 for vegetated buffer requirements for the NWPs). This condition is only applicable to projects that have the potential to affect water quality. While appropriate measures must be taken, in most cases it is not necessary to conduct detailed studies to identify such measures or to require monitoring. 10. fnnvm/ 7nne Management. In certain states, an individual state coastal zone management consistency concurrence must be obtained or waived (see 33 CFR 330.4(d)). II. Fndnngered Speriee. (a) No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will destroy or adversely modify the critical habitat of such species. Non-federal permittees shall notify the District Engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or is located in the designated critical habitat and shall not begin work on the activity until notified by the District Engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that may affect Federally -listed endangered or threatened species or designated critical habitat, the notification must include the name(s) of the endangered or threatened species that may be affected by the proposed work or that utilize the designated critical habitat that may be affected by the proposed work. As a result of formal or informal consultation with the FWS or NMFS the District Engineer may add species -specific regional endangered species conditions to the NWPs. (b) Authorization of an activity by a NWP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the USFWS or the NMFS, both lethal and non -lethal "takes" of protected species are in violation of the ESA. Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the USFWS and NMFS or their world wide web pages at http://www.fws.gov/r9endspp/endspp.html and http)/www.mnfs.noaa.gov/prot_restoverview/es.html respectively. 12. Wivinric Pmperllrc. No activity which may affect historic properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the District Engineer has complied with the provisions of 33 CFR Part 325, Appendix C. The prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic Places (see 33 CFR 330.4(g)). For activities that may affect historic properties listed in, or eligible for listing in, the National Register of Historic Places, the not (cation must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. 13. Wntiftrntinn. (a) Timing; where required by the terms of the NWP, the prospective permittee must notify the District Engineer with a preconstruction notification (PCN) as early as possible. The District Engineer must determine if the notification is complete within 30 days of the date of receipt and can request additional information necessary to make the PCN complete only once. However, if the prospective perrnittee does not provide all of the requested information, then the District Engineer will notify the prospective permittee that the notification is still incomplete and the PCN review process will not commence until all of the requested information has been received by the District Engineer. The prospective permittee shall not begin the activity: (I) Until notified in writing by the District Engineer that the I I I I I I [] [A [I I I I I 1l I CJ a I I I I I II activity may proceed under the NWP with any special conditions imposed by the District or Division Engineer; or (2) If notified in writing by the District or Division Engineer that an Individual Permit is required; or (3) Unless 45 days have passed from the District Engineer's receipt of the complete notification and the prospective permittee has not received written notice from the District or Division Engineer. Subsequently, the pemminee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(dx2). (b) rnnten,c of Nntif,rytinn: The notification must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed project; (3) Brief description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause; any other NHP(s), Regional General Permit(s), or Individual Permit(s) used or intended to be used to authorize any part of the proposed project or any related activity. Sketches should be provided when necessary to show that the activity complies with the terms of the N'WP (Sketches usually clarify the project and when provided result in a quicker decision.); (4) For NWPs 7, 12, 14, 18, 21, 34, 38, 39, 40, 41, 42, and 43, the PCN must also include a delineation of affected special aquatic sites, including wetlands, vegetated shallows (e.g., submerged aquatic vegetation, seagrass beds), and riffle and pool complexes (see paragraph 13(0); (5) For NWP 7 (Outfall Structures and Maintenance), the PCN must include information regarding the original design capacities and configurations of those areas of the facility where maintenance dredging or excavation is proposed; (6) For NWP 14 (Linear Transportation Projects), The PCN must include a compensatory mitigation proposal to offset permanent losses of waters of the US and a statement describing how temporary losses of waters of the US will be minimized to the maximum extent practicable; (7) For NWP 21 (Surface Coal Mining Activities), the PCN must include an Office of Surface Mining (OSM) or state -approved mitigation plan, if applicable. To be authorized by this NWP, the District Engineer must determine that the activity complies with the terms and conditions of the NWP and that the adverse environmental effects are minimal both individually and cumulatively and must notify the project sponsor of this determination in writing; (8) For NWP 27 (Stream and Wetland Restoration Activities), the PCN must include documentation of the prior condition of the site that will be reverted by the pemminee; (9) For NWP 29 (Single -Family Housing), the PCN must also include: (i) Any past use of this NWP by the Individual Permittee and/or the permittee's spouse, (ii) A statement that the single-family housing activity is for a personal residence of the permittee; (iii) A description of the entire parcel, including its size, and a delineation of wetlands. For the purpose of this NWP, parcels of land measuring '/.-acre or less will not require a formal on -site delineation. However, the applicant shall provide an indication of where the wetlands are and the amount of wetlands that exists on the property. For parcels greater than '/.-acre in size, formal wetland delineation must be prepared in accordance with the current method required by the Corps. (See paragraph 13(f)); (iv) A written description of all land (including, if available, legal descriptions) owned by the prospective permittee and/or the prospective pemtittee's spouse, within a one mile radius of the parcel, in any form of ownership (including any land owned as a partner, corporation, joint tenant, co -tenant, or as a tenant -by -the -entirety) and any land on which a purchase and sale agreement or other contract for sale or purchase has been executed; (10) For NWP 31 (Maintenance of Existing Flood Control Facilities), the prospective permittee must either notify the District Engineer with a PCN prior to each maintenance activity or submit a five year (or less) maintenance plan. In addition, the PCN must include all of the following: (i) Sufficient baseline information identifying the approved channel depths and configurations and existing facilities. Minor deviations are authorized, provided the approved flood control protection or drainage is not increased; (ii) A delineation of any affected special aquatic sites, including wetlands; and, (iii) Location of the dredged material disposal site; (11) For NWP 33 (Temporary Construction, Access, and Dewatering), the PCN must also include a restoration plan of reasonable measures to avoid and minimize adverse effects to aquatic resources; (12) For NWPs 39, 43 and 44, the PCN must also include a written statement to the District Engineer explaining how avoidance and minirrization for losses of waters of the US were achieved on the project site; (13) For NWP 39 and NWP 42, the PCN must include a compensatory mitigation proposal to offset losses of waters of the US or justification explaining why compensatory mitigation should not be required. For discharges that cause the loss of greater than 300 linear feet of an intermittent stream bed, to be authorized, the District Engineer must determine that the activity complies with the other terms and conditions of the NWP, determine adverse environmental effects arc minimal both individually and cumulatively, and waive the limitation on stream impacts in writing before the permittee may proceed; (14) For NWP 40 (Agricultural Activities), the PCN must include a compensatory mitigation proposal to offset losses of waters of the US. This NWP does not authorize the relocation of greater than 300 linear - feet of existing serviceable drainage ditches constructed in non -tidal streams unless, for drainage ditches constructed in intermittent non -tidal streams, the District Engineer waives this criterion in writing, and the District Engineer has determined that the project complies with all terms and conditions of this NWP, and that any adverse impacts of the project on the aquatic environment are minimal, both individually and cumulatively, (15) For NWP 43 (Stormwater Management Facilities), the PCN I must include, for the construction of new stormwater management facilities, a maintenance plan (in accordance with state and local requirements, if applicable) and a compensatory mitigation proposal to offset losses of waters of the US. For discharges that cause the loss of greater than 300 linear feet of an intermittent stream bed, to be authorized, the District Engineer must determine that the activity complies with the other terms and conditions of the NWP, determine adverse environmental effects are minimal both individually and cumulatively, and waive the limitation on stream impacts in writing before the permittee may proceed; (16) For NWP 44 (Mining Activities), the PCN must include a description of all waters of the US adversely affected by the project, a description of measures taken to minimize adverse effects to waters of the US, a description of measures taken to comply with the criteria of the NWP, and a reclamation plan (for all aggregate mining activities in isolated waters and non -tidal wetlands adjacent to headwaters and any hard rock/mineral mining activities); (17) For activities that may adversely affect Federally -listed endangered or threatened species, the PCN must include the name(s) of those endangered or threatened species that may be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work; and (IS) For activities that may affect historic properties listed in, or eligible for listing in, the National Register of Historic Places, the PCN must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. (c) Form of Nnt frntinn; The standard Individual Permit application form (Form ENG 4345) may be used as the notification but must clearly indicate that it is a PCN and must include all of the information required in (b) (1X18) of General Condition 13. A letter containing the requisite information may also be used. (d) rlictrirt Fnenrrr'c tnrricinn: In reviewing the PCN for the proposed activity, the District Engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. The prospective permittee may submit a proposed mitigation plan with the PCN to expedite the process. The District Engineer will consider any proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to the aquatic environment of the proposed work are minimal. If the District Engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse effects on the aquatic environment are minimal, after considering mitigation, the District Engineer will notify the permittee and include any conditions the District Engineer deems necessary. The District Engineer must approve any compensatory mitigation proposal before the permittee commences work. If the prospective permittee is required to submit a compensatory mitigation proposal with the PCN, the proposal may be either conceptual or detailed. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the District Engineer will expeditiously review the proposed compensatory mitigation plan. The District Engineer must review the plan within 45 days of receiving a complete PCN and determine whether the conceptual or specific proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment. If the net adverse effects of the project on the aquatic environment (after consideration of the compensatory mitigation proposal) are determined by the District Engineer to be minimal, the District Engineer will provide a timely written response to the applicant. The response will state that the project can proceed under the terms and conditions of the NWP. If the District Engineer determines that the adverse effects of the proposed work are more than minimal, then the District Engineer will notify the applicant either: (I) that the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an Individual Permit; (2) that the project is authorized under the NWP subject to the applicant's submission of a mitigation proposal that would reduce the adverse effects on the aquatic environment to the minimal level; or (3) that the project is authorized under the NWP with specific modifications or conditions. Where the District Engineer determines that mitigation is required to ensure no more than minimal adverse effects occur to the aquatic environment, the activity will be authorized within the 45 -day PCN period. The authorization will include the necessary conceptual or specific mitigation or a requirement that the applicant submit a mitigation proposal that would reduce the adverse effects on the aquatic environment to the minimal level. When conceptual mitigation is included, or a mitigation plan is required under item (2) above, no work in waters of the US will occur until the District Engineer has approved a specific mitigation plan. (e) ,Agency Coordination: The District Engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental effects to a minimal level. For activities requiring notification to the District Engineer that result in the loss of greater than %-acre of waters of the US, the District Engineer will provide immediately (e.g., via facsimile transmission, overnight mail, or other expeditious manner) a copy to the appropriate Federal or state offices (USFWS, state natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO), and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will then have 10 calendar days from the date the material is transmitted to telephone or fax the District Engineer notice that they intend to provide substantive, site -specific comments. If so contacted by an agency, the District Engineer will wait an additional 15 calendar days before making a decision on the not (cation. The District Engineer will fully consider agency comments received within the specified time frame, but will provide no response to the resource agency, except as provided below. The District Engineer will indicate in the administrative record associated with each notification that the resource agenciesconcerns were considered. As required by Section 305(b)@)(B) of the Magnuson -Stevens Fishery Conservation and Management Act, the District Engineer will provide a response to NMFS within 30 days of receipt of any Essential Fish Habitat conservation recommendations. Applicants are encouraged to provide the Corps multiple copies of notifications to expedite agency I I I I I I I I 11 I I I I I I notification. (f) Weiland Del neatinnc: Wetland delineations must be prepared in accordance with the current method required by the Corps (For NWP 29 see paragraph (bX9)(iii) for parcels less than '/4 -acre in size). The perminee may ask the Corps to delineate the special aquatic site. There may be some delay if the Corps does the delineation. Furthermore, the 45 -day period will not star until the wetland delineation has been completed and submitted to the Corps, where appropriate. 14, fin mnlinnre C'rriifirotinn. Every perminee who has received NNP verification from the Corps will submit a signed certification regarding the completed work and any required mitigation. The certification will be forwarded by the Corps with the authorization letter and will include: (a) A statement that the authorized work was done in accordance with the Corps authorization, including any general or specific conditions; (b) A statement that any required mitigation was completed in accordance with the permit conditions; and (c) The signature of the perminee certifying the completion of the work and mitigation. 15. //cr 1nit nla Nnrinnwdde Pennitc. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the US authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit (e.g. if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the US for the total project cannot exceed 1/3 -acre). 16. Wnrvr . (may fn nkro. No activity, including structures and work in navigable waters of the US or discharges of dredged or fill material, may occur in the proximity of a public water supply intake except where the activity is for repair of the public water supply intake structures or adjacent bank stabilization. 17. Sbr///ia6 Redo, No activity, including structures and work in navigable waters of the US or discharges of dredged or fill material, may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWP 4. 18. %ittnhle Mnrsrinl. No activity, including structures and work in navigable waters of the US or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.) and material used for construction or discharged must be flee from toxic pollutants in toxic amounts (see Section 307 of the CWA). 19. Mitigation, The District Engineer will consider the factors discussed below when determining the acceptability of appropriate and practicable mitigation necessary to offset adverse effects on the aquatic environment that are more than minimal. (a) The project must be designed and constructed to avoid and minimize adverse effects to waters of the US to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing or compensating) will be required to the extent necessary to ensure that the adverse effects to the aquatic environment are minimal. (c) Compensatory mitigation at a minimum one -for -one ratio will be required for all wetland impacts requiring a PCN, unless the District Engineer determines in writing that some other form of mitigation would be more environmentally appropriate and provides a project - specific waiver of this requirement. Consistent with National policy, the District Engineer will establish a preference for restoration of wetlands as compensatory mitigation, with preservation used only in exceptional circumstances. (d) Compensatory mitigation (i.e., replacement or substitution of aquatic resources for those impacted) will not be used to increase the acreage losses allowed by the acreage limits of some of the NWPs. For example, '/.-acre of wetlands cannot be created to change a '/4 -acre loss of wetlands to a 'A -acre loss associated with NWP 39 verification. However,'/ -acre of created wetlands can be used to reduce the impacts of a '/-acre loss of wetlands to the minimum impact level in order to meet the minimal impact requirement associated with NWPs. (e) To be practicable, the mitigation must be available and capable of being done considering costs, existing technology, and logistics in light of the overall project purposes. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferably in the same watershed. (f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the establishment, maintenance, and legal protection (e.g., easements, deed restrictions) of vegetated buffers to open waters. In many cases, vegetated buffers will be the only compensatory mitigation required. Vegetated buffers should consist of native species. The width of the vegetated buffers required will address documented water quality or aquatic habitat loss concerns. Normally, the vegetated buffer will be 25 to 50 feet wide on each side of the stream, but the District Engineers may require slightly wider vegetated buffers to address documented water quality or habitat loss concerns. Where both wetlands and open waters exist on the project site, the Corps will determine the appropriate compensatory mitigation (e.g., stream buffers or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where vegetated buffers are determined to be the most appropriate form of compensatory mitigation, the District - Engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland impacts. (g) Compensatory mitigation proposals submitted with the "notification" may be either conceptual or detailed. If conceptual plans are approved under the verification, then the Corps will condition the verification to require detailed plans be submitted and approved by the Corps prior to construction of the authorized activity in waters of the US. (h) Permittees may propose the use of mitigation banks, in -lieu fee arrangements or separate activity -specific compensatory mitigation. In all cases that require compensatory mitigation, the mitigation provisions will specify the party responsible for accomplishing and/or complying with the mitigation plan. 20. Spinvning Arens. Activities, including structures and work in navigable waters of the US or discharges of dredged or fill material, in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., excavate, fill, or smother downstream by substantial turbidity) of an important spawning area are not authorized. 21. Mrnwgemoni of cantor Flnvw. To the maximum extent practicable, the activity must be designed to maintain preconstruction downstream flow conditions (e.g., location, capacity, and flow rates). Furthermore, the activity must not permanently restrict or impede the passage of normal or expected high flows (unless the primary purpose of the fill is to impound waters) and the structure or discharge of dredged or fill material must withstand expected high flows. The activity must, to the maximum extent practicable, provide for retaining excess flows from the site, provide for maintaining surface flow rates from the site similar to preconstruction conditions, and provide for not increasing water flows from the project site, relocating water, or redirecting water flow beyond preconstruction conditions. Stream channelizing will be reduced to the minimal amount necessary, and the activity must, to the maximum extent practicable, reduce adverse effects such as flooding or erosion downstream and upstream of the project site, unless the activity is part of a larger system designed to manage water flows. In most cases, it will not be a requirement to conduct detailed studies and monitoring of water flow. This condition is only applicable to projects that have the potential to affect waterflows. While appropriate measures must be taken, it is not necessary to conduct detailed studies to identify such measures or require monitoring to ensure their effectiveness. Normally, the Corps will defer to state and local authorities regarding management of water flow. 22. Adverse Efrrtc Frnm lmnnundmentc. If the activity creates an impoundment of water, adverse effects to the aquatic system due to the acceleration of the passage of water, and/or the restricting its flow shall be minimized to the maximum extent practicable. This includes structures and work in navigable waters of the US, or discharges of dredged or fill material. 23. Wntorfnwl Rroeding Aronc. Activities, including structures and work in navigable waters of the US or discharges of dredged or fill material, into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. 24. Romaval nf TPmpnrn9 Fi/Ic. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. 25. Drci,mtnted Cr;rirnl Romurro Wnterc. Critical resource waters include, NOAA-designated marine sanctuaries, National Estuarine Research Reserves, National Wild and Scenic Rivers, critical habitat for Federally listed threatened and endangered species, coral reefs, state natural heritage sites, and outstanding national resource waters or other waters officially designated by a state as having particular environmental or ecological significance and identified by the District Engineer after notice and opportunity for public comment. The District Engineer may also designate additional critical resource waters after notice and opportunity for comment. (a) Except as noted below, discharges of dredged or fill material into waters of the US are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, and 44 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. Discharges of dredged or fill materials into waters of the US may be authorized by the above NWPs in National Wild and Scenic Rivers if the activity complies with General Condition 7. Further, such discharges may be authorized in designated critical habitat for Federally listed threatened or endangered species if the activity complies with General Condition 11 and the USFWS or the NMFS has concurred in a determination of compliance with this condition. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, norifrcation is required in accordance with General Condition 13, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The District Engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 26. Filly Within 1n0 -Year F/nndplainc. For purposes of this General Condition, 100 -year floodplains will be identified through the existing Federal Emergency Management Agencys (FEMA) Flood Insurance Rate Maps or FEMA-approved local floodplain maps. (a) Dicrhnrgec in F000drain, Below Headwaters. Discharges of dredged or fill material into waters of the US within the mapped 100 - year floodplain, below headwaters (i.e. five cfs), resulting in permanent above -grade fills, are not authorized by NWPs 39, 40, 42, 43, and 44. (b) Discharges in Flnndway: Above Headwaters. Discharges of dredged or fill material into waters of the US within the FEMA or locally mapped floodway, resulting in permanent above -grade fills, are not authorized by NWPs 39, 40, 42, and 44. (c) The perrnittee must comply with any applicable FEMA-approved state or local floodplain management requirements. 27. Cnnctntrlinn Perind For activities that have not been verified by the Corps and the project was commenced or under contract to commence by the expiration date of the NWP (or modification or revocation date), the work must be completed within 12 -months after such date (including any modification that affects the project). For activities that have been verified and the project was commenced or under contract to commence within the verification period, the work must be completed by the date determined by the Corps. For projects that have been verified by the Corps, an extension of a 1 I I I I 17 I [] I I, [1 I I 'Ti Corps approved completion date may requested. This request must be submitted at least one month before the previously approved completion date. Fun her / nrmntinn 'I. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other Federal, state, or ' local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. MVPs do not authorize any injury to the property or rights of others. '5. NWPs do not authorize interference with any existing or proposed Federal project. 03/18/02 1 I 1 1 I 1 I I I I I I I I I I SECTION E-2 EXCAVATION AND EMBANKMENT DESCRIPTION E2- 1.1 This section addresses the requirements of all earthwork necessary for the construction of streets, driveways, parking areas, sidewalks, trails, curb and gutter, ditches, and sitework within the project area in accordance with the Plans. The work shall be in conformity with the lines, grades, thicknesses, and typical sections as shown in the Plans or established by the Engineer. E2 -I.2 This section does not include the excavation and backfill of structures and pipe. Excavation and backfill of structures and pipe is included under SECTION E-3 - EXCAVATION FOR STRUCTURES of these specifications. STANDARD SPECIFICATIONS E2 -2.I All work (including testing) shall be in accordance with the lines and grades shown on the Plans, or as directed by the Engineer, and with applicable portions of SECTION 210 - EXCAVATION AND EMBANKMENT, and SECTION 212 - SUBGRADE of the Standard ,Specifications, except as modified or augmented herein. MATERIALS E2-3.1 All excavation performed under this Section, unless the excavated material meets the requirements of Section E2-3.1 (a), shall be classified as unclassified excavation. All material removed will become the property of the Contractor and shall be removed from the job site at the Contractors expense, unless specifically designated otherwise. ' (a) Material encountered during excavation, which is primarily composed of rock, shale, hardpan, loose rock, or boulders, or meets the requirements of Section 210.05 of the ' Standard Specifications, shall not be considered "Unclassified Excavation" but shall be considered "Rock Excavation." ' E2-3.2 BORROW MATERIAL: Additional requirements for borrow material utilized under pavements arc described in paragraph E2-4.4. ' The Contractor shall maintain the haul route free from spillage by his vehicles. He shall clean the haul route surface as often as necessary to avoid the creation of a public nuisance. He shall repair and restore the surface of all haul roads which have been damaged by his operations. ' CONSTRUCTION METHODS E2-4 1 STRIPPING AND TOPSOIL: Before beginning any excavation or embankment, the ' areas where the excavation and/or the embankment are to be made shall be stripped to a minimum depth of 6 inches. Stripping will not be measured for separate payment, but will be considered subsidiary to the item "Unclassified Excavation." ' Topsoil obtained from the stripping operation shall be salvaged and stockpiled for later use. Topsoil salvaged from the stripping operation, and then later rehandled, will not be measured for ' separate payment, but will be considered subsidiary to the item "Unclassified Excavation." Old Missouri Road Improvements E2 -I 016050 I E2-4.2 USE OF SUITABLE EXCAVATION: Suitable excavation shall be used for embankment construction, and where needed, for backfilling. The suitability of material to be placed in embankments shall be subject to approval by the Engineer. Suitable excavation not needed for the work shall be disposed of by the Contractor off - site. Excavation unsuitable for use shall be disposed of by the Contractor off -site. The Contractor is expected to construct embankment from suitable excavated material, and it may be necessary to stockpile a portion or all of this material for later use. The stockpiling and rehandling will not be paid for separately but will be subsidiary to "Unclassified Excavation." The Contractor will be required to replace with suitable borrow material, at no additional compensation, any suitable excavated material needed for the work which was wasted by the Contractor. E2-4.3 COMPACTION OF EARTHWORK: All compaction shall be to a density not less than ninety-eight percent (95%) of maximum standard dry density within a moisture content of +/- 2% of optimum water content, obtained in the laboratory. The moisture -density relationship of the material shall be determined in the laboratory in accordance with AASHTO Designation T 99. E2-4.4 SUBGRADE: , Subgrade for paved areas shall be to a density not less than ninety-eight percent (98%) of maximum standard dry density within a moisture content of +/- 2% of optimum water content, obtained in the laboratory. The moisture -density relationship of the material shall be determined in the laboratory in accordance with AASHTO Designation T 99. The Contractor shall keep the subgrade properly drained at all times by the use of temporary ditches and/or pumps as required. Improperly drained subgrade will not be justification for undercut. The Engineer may require the exposed surface to dry before any judgment is rendered to the quality or workmanship of the exposed soils. The Contractor may be required to scarify/disk (to promote drying) and recompact the subgrade prior to determining whether undercut will be permitted. Regraded, recompacted, or reworked subgrade will not be considered for additional payment. Alternatively, the Contractor may elect to undercut saturated subgrade material at his own expense. No contract time extensions will be granted to the Contractor for reworking wet subgrades retaining water due to improper grading or negligence by the Contractor. If proper drainage is not maintained during earthwork operations, the potential for undercut may be increased. Additional undercut required due to Contractor negligence will not be considered for payment. Subgrade for concrete sidewalks and steps shall be in accordance with requirements specified in SECTION I-17 - CONCRETE SIDEWALKS AND STEPS. Preparation of subgrade will not be measured for separate payment, but shall be considered subsidiary to "Unclassified Excavation." Imported material for fill or backfill under pavements should consist of low -plasticity clayey gravel (GC), approved select sandy clay (CL) clayey sand (SC), gravelly clay (CL) approved by the Old Missouri Road Improvements E2-2 016050 I I Engineer with a liquid limit no greater then 45. Local hillside cherry clay borrow is acceptable, ' providing it is classified as GC by the Unified Soil Classification System and has less than 35 percent passing the No. 200 sieve. All fill should be free of organic matter, debris, and durable rock fragments in excess of approximately a 3 -inch dimension. Utility trenches shall be backfilled with crushed aggregate base (AHTD Standard Specifications Section 303, Class 7) or Plowable fill (AHTD Standard Specifications Section 206). Subgrade soils under pavement shall be select fill material consisting of approved select sandy clay ' (CL), clayey sand (SC), gravelly clay (CL), or clay gravel (GC) type soil having a liquid limit no greater than 45. Select fill with liquid limits greater than 45 may be considered suitable provided the material contains no more than 35% minus the #200 material. ' Subgrade soils with a liquid limit greater than 40 or a plasticity index greater than 15 shall be undercut to a depth determined by the Engineer and removed from the street section or improved by a designed method of stabilization accepted by the City Engineer. Other soils which the Engineer determines cannot be properly compacted shall also be undercut to a specified depth. This excavated unsuitable material shall be disposed of off -site. Backfill for undercut areas shall meet the requirements described above. Other materials exceeding these requirements may be used as backfill, subject to the approval of the Engineer. Backfill shall be placed and compacted in 8 -inch maximum lifts in accordance with paragraph E2-3.6. E2-4.5 The ditch excavation for channel changes or to bring ditches to minimum required ' section shall be in accordance with applicable portions of the Standard Specifications referred to above. Ali ditch excavation shall be completed to the required grade shown on the Plans or as directed by the Engineer. ' E2-4.6 OVER -EXCAVATION: Where excavation is carried below or beyond that required, the space shall be filled to grade with suitable material and thoroughly compacted as directed by the Engineer. The Contractor will not be entitled to additional compensation for such over -excavation 'or the necessary refilling, unless the Owner or its representative is responsible for the error. E2-4.7 Those areas outside of the pavement areas in which the top layer of soil material has ' become compacted, by hauling or other activities of the Contractor, shall be scarified and disked to a depth of 4 inches, in order to loosen and pulverize the soil. I I r E2-4.8 If it is necessary to interrupt existing surface drainage, sewers or under -drainage, conduits, utilities, or similar underground structures, the Contractor shall be responsible for and shall take all necessary precautions to preserve them or provide temporary services. When such facilities are encountered, the Contractor shall notify the Engineer, who shall arrange for their removal if necessary. The Contractor shall, at his/her own expense, satisfactorily repair or pay the cost of all damage to such facilities or structures which may result from any of the Contractor's operations during the period of the contract. METHOD OF MEASUREMENT E2-5.1 Unclassified excavation and embankment construction is illustrated by the cross sections and the proposed typical section. Unclassified excavation and embankment construction shall be measured in its entirety as a lump sum price for all earthwork required to grade the site from its Old Missouri Road Improvements E2-3 016050 r existing condition to the grades and final elevations shown on the Plans, including the formation of embankments, all in accordance with the Plans and the requirements of this section. The Contractor shall make his own estimate of the suitability of the existing excavation for the formation of embankment, and the amount of borrow excavation from off the project site that will be required. No computation of actual volumes has been made by the Engineer. At the end of each pay period, the Engineer will estimate the percentage of excavation complete without actual survey. The final contract amount will be revised in the event that adjustments are made in the profile or typical section during the construction of the project. E2-5.2 Undercut Excavation shall be measured from the surface of the ground, after stripping has been accomplished, or from the bottom of the planned excavation, to the depth of the undercut as directed by the Engineer. Measurements will be taken by the Engineer, and the volume of undercut will be calculated by the average end area method. The necessary refilling of undercut areas will not be measured for separate payment, but will be subsidiary to Undercut Excavation. Only that amount of undercut directed by the Engineer will be measured for payment. E2-5.2 Rock Excavation shall be measured from the surface of the exposed rock, to the depth as shown on the plans or as directed by the Owner or the Engineer. Measurements will be taken by the Owner or the Engineer, and the volume of rock excavation will be calculated by the average end area method. The necessary refilling of rock excavated areas will not be measured for separate payment, but will be subsidiary to Rock Excavation. Only the amount of rock excavation directed by the Owner or the Engineer will be measured for payment. E2-5.3 Trench excavation for drainage pipe or excavation for drainage structures will not be measured for separate payment, but will be subsidiary to the drainage pipe or structure installation pay item. BASIS OF PAYMENT E2-6.1 For "Unclassified Excavation", payment shall be made at the contract lump sum price bid for all earthwork required to grade the site from its existing condition to the grades and final elevations shown on the Plans, including the formation of embankments, all in accordance with the Plans and the requirements of this section. This lump sum price shall be full compensation for all excavation (including stripping); for the formation of embankment using borrow material or suitable on -site excavated material including hauling, spreading, and compaction; for the application of topsoil; for disposal of unsuitable material; and for all equipment, tools, labor and incidentals necessary to complete the work Payment for "Unclassified Excavation" will be made in proportion to the amount of work complete to date, but in no event will the amount exceed the percentage shown in the following payment schedule: PAYMENT SCHEDULE (I) Street Section to Subgrade Elevation (2) After Base Course Old Missouri Road Improvements Partial Estimates 80% 10% E2-4 016050 I [1 I I I I I [J I I I I I I I I II I I I I I Dumped and Spread (3) After Erosion Control Items (Solid Sodding, Sod Mulch, Seeding, etc.) are Completed TOTAL 10% 100% of Bid Price ' E2-6.2 Undercut shall be paid for at the contract unit price bid per cubic yard for "Undercut Excavation," which price shall be full compensation for all excavation; for disposal or placement of unsuitable material including loading, hauling, spreading, and compaction; for the refilling with ' borrow material, rolling, and compaction of all undercut areas; and for all equipment, tools, labor, and incidentals necessary to complete the work. ' E2-6.3 Rock excavation shall be paid for at the contract unit price bid per cubic yard for "Rock Excavation," which price shall be full compensation for all excavation; for disposal or placement of unsuitable material, including loading, hauling, spreading, and compaction; for the refilling, rolling, and compaction of all undercut areas; and for all equipment, tools, labor, and incidentals necessary to complete the work. ' Payment will be made under: Item E2-6.1 Unclassified Excavation - per lump sum Item E2-6.2 Undercut Excavation - per cubic yard Item E2-6.3 Rock Excavation - per cubic yard END OF SECTION E-2 -1 I J L I Old Missouri Road Improvements E2-5 016050 I ' SECTION E-3 EXCAVATION FOR STRUCTURES ' DESCRIPTION E3 -l.1 This section covers the removal of all materials (except rock, as defined in SECTION E-2 - Excavation and Embankment) of whatever nature necessary for the construction of retaining walls, wingwalls, headwalls, pipe culverts, storm drainage piping, inlets and other structures. All work shall be in accordance with details shown on the Plans, or as directed by the Engineer, and with these specifications. E3-I.l The work involved in unclassified excavation for structures shall be in accordance with SECTION E-2 - Excavation and Embankment, except as modified or augmented herein. MATERIALS ' E3-2.1 Backfill materials shall meet the applicable requirements of SECTION E-2 of these specifications. Such material shall be free from frozen material, trash, lumber, broken pieces of concrete having any dimension greater than two (2) inches, broken concrete in nests regardless of dimensions, or other debris. Such material shall be susceptible to proper compaction. CONSTRUCTION METHODS E3-3.1 Excavation for Storm Drainage Pipe and Other Structures: ' Trench width at the horizontal centerline of a pipe shall not exceed outside diameter of the pipe plus two (2) feet where earth backfill is used. Areas of excavation for inlets and junction boxes shall be selected by the Contractor, except that areas shall be large enough to permit proper construction of the structures, and except that they shall not ' extend more than eighteen (18) inches outside the structures, unless authorized by the Engineer. E3-3.2 Backfill: Backfill shall be made from suitable available structural excavation materials, and from suitable available roadway excavation materials if and as needed. Backfill shall be compacted to a density not less than ninety-five (95) percent of the maximum density, at optimum moisture, obtained in the laboratory in accordance with AASHTO Designation T99. Samples for laboratory tests and field determinations will be taken by the Contractor. Backfill shall not be placed against concrete structures until the expiration of the curing periods specified in SECTION S -I - STRUCTURAL CONCRETE of these specifications. Compacting shall be obtained by the use of pneumatic or mechanically actuated tampers. Gravity hand tampers will not be acceptable. Backfill material shall be sprinkled or aerated as necessary to assure the required density. Backfill of structures, other than pipe, shall be made with reasonable uniformity around and along the structure. It shall be placed in 6 inch layers, loose measurement and each layer compacted. Old Missouri Road Improvements E3 -I 016050 U Backfill of storm drainage pipe shall be in accordance with SECTION I-3 - Pipe Culverts of these , specifications and SECTION 606 - Pipe Culverts of the Standard Specifications. Backfill will not be measured for separate payment. Placing and compacting of backfill shall be considered subsidiary work pertaining to structural excavation. E3-3.3 Disposal of Excavated Material: Excavated material unsuitable for use, or in excess of needs, shall be disposed of by the Contractor off -site. MEASUREMENT AND PAYMENT E3-4.1 Excavation for structures, including but not limited to storm drainage pipe, flared end sections, inlets, junction boxes, box culverts, retaining walls, etc. will not be measured for separate payment, but will be considered subsidiary work pertaining to the construction of the items. END OF SECTION E-3 I I I I I I I I I Old Missouri Road Improvements E3-2 016050 II [J H 1 I II I I II I II SECTION E-4 TRENCH AND EXCAVATION SAFETY SYSTEMS E4 E41.1 This item covers the compliance with Act 291 of 1993 which requires the inclusion, in the bid, of a separate pay item for "Trench and Excavation Safety Systems". STANDARDS E4-2.1 All work under this item shall conform to the current edition of Occupational Safety and Health Administration Standard for Excavation and Trenches Safety System, 29 CFR 1926, Subpart P (copy attached). "Competent Person" as defined in the Standard Specifications shall be the General Contractor's General Superintendent. E4-3.1 Notifications Required: The Contractor, prior to beginning any excavation, shall notify the State Department of Labor (Safety Division) that work is commencing on a project with excavations greater than five feet. The Contractor shall notify all Utility Companies and Owners in accordance with OSHA Administration 29 CFR 1926.651(bx2) for the purpose of locating utilities and underground installations. E4-3.2 Existing Structures and Utilities: Where the trench or excavation endangers the stability of a building, wall, street, highway, utilities, or other installation, the Contractor shall provide support systems such as shoring, bracing, or underpinning to ensure the stability of such structure or utility. The Contractor may elect to remove and replace or relocate such structures or utilities with the written ' approval of the owner of the structure or utility and the Project Owner. METHOD OF MEASUREMENT II II I I 1H I E4.4.1 Trench or excavation safety systems shall be measured as a complete unit. BASIS OF PAYMENT E4-5.1 Trench and excavation safety systems shall be paid for at the lump sum price bid for "TRENCH AND EXCAVATION SAFETY SYSTEM", which price shall be full compensation for benching, sloping, sheeting, shoring, shielding, or any other protective system that provides the necessary protection to comply with Act 291 of 1993. Payment will be made under: E4 -5.I Trench and Excavation Safety System - per lump sum Old Missouri Road Improvements END OF SECTION E-4 E4-1 016050 I I I I H I L I I I Li u I I I Occupational Safety and Health Admin.. Labor (2) The employer shall ensure that there is in the vicinity of each barge in use at least one U.S. Coast Guard -ap- proved 30 -inch lifering with not less than 90 feet of line attached, and at least one portable or permanent ladder which will reach the top of the apron to the surface of the water. If the above equipment is not available at the pier. the employer shall furnish it during the time that he is working the barge (3) Employees walking or working on the unguarded decks of barges shall be protected with U.S. Coast Guard-ap. proved work vests or buoyant vests. (e) Commercial diving operations. Com- mercial diving operations shall be sub- ject to subpart T of part 1910. §§ 1910.401-]910,441. of this chapter. 139 FR 2280). June 24. 1974. as amended at 42 FR 37G74. July 22. :9771 1926.606 Definitions applicable to this subpart. (a) Apron —The area along the water front edge of the pier or wharf. (b) Bulwark —The side of a ship above the upper deck. (c) Coaming—The raised frame, as around a hatchway in the deck, to keep out water. (d) Jacob's ladder —A marine ladder of rope or chain with wooden or metal rungs. (e) Rail, for the purpose of §1026.605. means a light structure serving as a guard at the outer edge of a ship's deck. Subpart P —Excavations AUTHORITY'. Set. 107 Contract Worker Hours and Safety Siant5ards Act (Construe tion Safety Act) (40 U.S.C. 332). Secs 4. 6. 8. Occupational Safety and Health Act of 1970 (29 U.S.C. G53. 655. 657): Secretary of Labor's Order No. 12-71 (36 FR 8754;. 8-76 (4: FR 25059). or 9-83 (48 FR 35736). as applicable. and 29 CFR part 1911. SOURCE: 54 FR 45959. Oct. 31. 1989. unless otherwise noted. § 1926.650 Scope, application, and defi- nitions applicable Co this subpart. (a) Scope and application. This sub' part applies to all open excavations made in the earths surface. Exca- vations are defined to include trenches. § 1926.650 (b) Definitions applicable to this sub- part. Accepted engineering practices means those requirements which are compat- ible with standards of practice required by a registered professional engineer. Aluminum Hydraulic Shoring means a pre-engineered shoring system com- prised of aluminum hydraulic cylinders (crossbraces) used in conjunction with vertical rails (uprights) or horizontal rails (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. Benching (Benching system) means a method of protecting employees from cave -ms by excavating the sides of an excavation to form one or a series of horizontal levels or steps. usually with vertical or near -vertical surfaces be- tween levels. Cave-in means the separation of a mass of soil or rock material from the side of an excavation, or the loss of soil from under a trench shield or support system, and its sudden movement into the excavation, either by falling or sliding in sufficient quantity so that it could entrap, bury, or otherwise injure and immobilize a person. Competent person means one who is capable of identifying existing and pre- dictable hazards in the surroundings. or working conditions which are unsan- itary. hazardous, or dangerous to em- ployees, and who has authorization to take prompt corrective measures to eliminate them. Cross braces mean the horizontal members of a shoring system installed perpendicular to the sides of the exca- vation, the ends of which bear against either uprights or wales. Excavation means any man-made cut. cavity, trench, or depression in an earth surface, formed by earth re moval. Faces or sides means the vertical or inclined earth surfaces formed as a re- sult of excavation work. Failure means the breakage, displace- ment. or permanent deformation of a structural member or connection so as to reduce its structural integrity and its supportive capabilities. 373 I Li L L L I L L I I I L L I I I § 1926.650 Hazardous atmosphere means an at- mosphere which by reason of being ex- plosive. flammable, poisonous. corro- sive. oxidizing, irritating. oxygen defi- cient. toxic, or otherwise harmful. may cause death, illness, or injury. Kickour means the accidental release or failure of a cross brace. Protective system means a method of protecting employees from cave-ins. from material that could fall or roll from an excavation face or into an ex- cavation. or from the collapse of adja- cent structures. Protective systems in- clude support systems, sloping and benching systems. shield systems, and other systems that provide the nec- essary protection. Ramp means an inclined walking or working surface that is used to gain ac- cess to one point from another, and is constructed from earth or from struc- tural materials such as steel or wood. Registered Professional Engineer means a person who is registered as a profes- sional engineer in the state where the work is to be performed. However, a professional engineer, registered in any state is deemed to be a "registered pro- fessional engineer" within the meaning of this standard when approving de- signs for "manufactured protective systems" or ''tabulated data'' to be used in interstate commerce. Sheeting means the members of a shoring system that retain the earth in position and in turn are supported by other members of the shoring system. Shield (Shield system) means a struc- ture that is able to withstand the forces imposed on it by a cave-in and thereby protect employees within the structure. Shields cjn be permanent structures or can be designed to be portable and moved along as work pro- gresses. Additionally, shields can be ei ther premanufactured or job -built in accordance with 61926.652 (c)(3) or (c)(4). Shields used in trenches are usu- ally referred to as 'trench boxes'' or trench shields.'' Shoring (Shoring system) means a structure such as a metal hydraulic, mechanical or timber shoring system that supports the sides of an exca- vation and which is designed to prevent cave-ins. Sides. See "Paces.' 374 29 CFR Ch, XVII (7-1-98 Edition) Sloping (Sloping system) means a method of protecting employees from cave -iris by excavating to form sides of an excavation that are inclined away from the excavation so as to prevent cave-ins. The angle of incline required to prevent a cave-in varies with dif- ferences in such factors as the soil type, environmental conditions of ex- posure, and application of surcharge loads. Stable rock means natural solid min- eral material that can be excavated with vertical sides and will remain in- tact while exposed. Unstable rock is considered to be stable when the rock material on the side or sides of the ex- cavation is secured against caving -in or movement by rock bolts or by an- other protective system that has been designed by a registered professional engineer. Structural ramp means a ramp built of steel or wood, usually used for vehicle access. Ramps made of soil or rock are not considered structural ramps. Support system means a structure such as underpinning, bracing. or shor- ing. which provides support to an adja- cent structure, underground installa- tion, or the sides of an excavation. Tabulated data means tables and charts approved by a registered profes- sional engineer and used to design and construct a protective system. Trench (Trench excavation) means a narrow excavation (in relation to its length) made below the surface of the ground. ?n general. the depth is greater than the width, but the width of a trench (measured at the bottom) is not greater than 15 feet (4 6 m). If forms or other structures are installed or con- structed in an excavation so as to re- duce the dimension measured from the forms or structure to the side of the ex- cavation to 15 feet (4.6 m) or less (measured at the bottom of the exca- vation), the excavation is also consid- ered to be a trench. Trench box. See "Shield." Trench shield. See "Shield." Uprights means the vertical members of a trench shoring system placed in contact with the earth and usually po- sitioned so that individual members do not contact each other. Uprights placed so that individual members are closely spaced. in contact with or I I L 1, H I IN I I I I I I I H LI Occupational Safety and Health Admin.. Labor interconnected to each other, are often called "sheeting." Wales means horizontal members of a shoring system placed parallel to the excavation face whose sides bear against the vertical members of the shoring system or earth. § 1926.651 Specific excavation require ments. (a) Surface encumbrances. All surface encumbrances that are located so as to create a hazard to employees shall be removed or supported, as necessary. to safeguard employees. (b) Underground installations. (1) The estimated location of utility installa- tions, such as sewer, telephone. fuel. electric, water lines, or any other un- derground installations that reason- ably may be expected to be encoun- tered during excavation work, shall be determined prior to opening an exca- vation. (2) Utility companies or owners shall be contacted within established or cus- tomary local response times, advised of the proposed work, and asked to estab- lish the location of the utility under- ground installations prior to the start of actual excavation. When utility companies or owners cannot respond to a request to locate underground utility installations within 24 hours (unless a longer period is required by state or local law), or cannot establish the exact location of these installations. the employer may proceed, provided the employer does so with caution, and provided detection equipment or other acceptable means to locate utility in- stallations are used. (3) When excavation operations ap- proach the estimated location of under- ground installations. the exact loca- tion of the installations shall be deter- mined by safe and acceptable means. (4) While the excavation is open un- derground installations shall be pro- tected, supported or removed as nec- essary to safeguard employees. (c) Access and egress —(1) Structural ramps. (i) Structural ramps that are used solely by employees as a means of access or egress from excavations shall be designed by a competent person Structural ramps used for access or egress of equipment shall be designed by a competent person qualified in § 1926.651 structural design, and shall be con- structed in accordance with the design. (ii) Ramps and runways constructed of two or more structural members shall have the structural members con- nected together to prevent displace- ment. (iii) Structural members used for ramps and runways shall be of uniform thickness. (iv) Cleats or other appropriate means used to connect runway struc- tural members shall be attached to the bottom of the runway or shall be at- tached in a manner to prevent tripping. (v) Structural ramps used in lieu of steps shall be provided with cleats or other surface treatments on the top surface to prevent slipping. (2) Means of egress from trench exca- vations. A stairway, ladder, ramp or other safe means of egress shall be lo- cated in trench excavations that are 4 feet (1.22 m) or more in depth so as to require no more than 25 feet (7.62 m) of lateral travel for employees. (d) Exposure to vehicular traffic. Em- ployees exposed to public vehicular traffic shall be provided with, and shall wear, warning vests or other suitable garments marked with or made of reflectorized or high -visibility mate- rial. (e) Exposure to falling loads. No em- ployee shall be permitted underneath loads handled by lifting or digging equipment. Employees shall be re- quired to stand away from any vehicle being loaded or unloaded to avoid being struck by any spillage or falling mate- rials. Operators may remain in the cabs of vehicles being loaded or un- loaded when the vehicles are equipped, in accordance with § 1926.601 (b)(6), to provide adequate protection for the op- erator during loading and unloading operations. (f) Warning system for mobile equip - merit. When mobile equipment is oper- ated adjacent to an excavation, or when such equipment is required to ap- proach the edge of an excavation, and the operator does not have a clear and direct view of the edge of the exca- vation, a warning system shall be uti- lized such as barricades. hand or me- chanical signals, or stop logs. If pos- sible, the grade should be away from the excavation. 375 I I I I H H H I L_ C I I r H H n n § 1926.651 (g) Hazardous atmospheres —(I) Testing and controls. In addition to the require- ments set forth in subparts D and E of this part (29 CFR 1926.50-1926.107) to prevent exposure to harmful levels of atmospheric contaminants and to as- sure acceptable atmospheric condi- tions, the following requirements shall apply: (i) Where oxygen deficiency (atmospheres containing less than 19.5 percent oxygen) or a hazardous atmos- phere exists or could reasonably be ex- pected to exist, such as in excavations in landfill areas or excavations in areas where hazardous substances are scored nearby, the atmospheres in the exca- vation shall be tested before employees enter excavations greater than 4 feet (1.22 m) in depth. (ii) Adequate precautions shall be taken to prevent employee exposure to atmospheres containing less than 19.5 percent oxygen and other hazardous atmospheres. These precautions in- clude providing proper respiratory pro- tection or ventilation in accordance with subparts D and E of this part re- spectively. (iii) Adequate precaution shall be taken such as providing ventilation, to prevent employee exposure to an at- mosphere containing a concentration of a flammable gas in excess of 20 per- cent of the lower flammable limit of the gas. (iv) When controls are used that are intended to reduce the level of atmos- pheric contaminants to acceptable lev- els, testing shall he conducted as often as necessary to ensure that the atmos- phere remains safe. (2) Emergency rescue equipment. (i) Emergency rescue equipment. such as breathing apparatus, a safety harness and line, or a basket stretcher, shall be readily available where hazardous at- mospheric conditions exist or may rea- sonably be expected to develop during work in an excavation. This equipment shall be attended when, in use (ii) Employees entering bell-bottom pier holes, or other similar deep and confined footing excavations. shall wear a harness with a life -line securely attached to it. The lifeline shall be sep- arate from any line used to handle ma- terials. and shall be individually at- tended at all times while the employee 29 CFR Ch. XVII (7-1-98 Edition) wearing the lifeline is in the exca- vation. (h) Protection from hazards associated with water accumulation. (1) Employees shall not work in excavations in which there is accumulated water, or in exca- vations in which water is accumulat- ing. unless adequate precautions have been taken to protect employees against the hazards posed by water ac- cumulation The precautions necessary to protect employees adequately vary with each situation, but could include special support or shield systems to protect from cave-ins. water removal to control the level of accumulating water, or use of a safety harness and lifeline. (2) If water is controlled or prevented from accumulating by the use of water removal equipment. the water removal equipment and operations shall be monitored by a competent person to ensure proper operation. (3) If excavation work interrupts the natural drainage of surface water (such as streams) diversion ditches. dikes. or other suitable means shall be used to prevent surface water from entering the excavation and to provide adequate drainage of the area adjacent to the ex- cavation. Excavations subject to runoff from heavy rains will require an in- spection by a competent person and compliance with paragraphs (h)(!) and (h)(2) of this section. (i) Stahl/in' of adjacent structures. (1) Where the stability of adjoining build- ings. walls, or other structures is en- dangered by excavation operations. support systems such as shoring, brac- ing, or underpinning shall be provided to ensure the stability of such struc- tures for the protection of employees (2) Excavation below the level of the base or footing of any foundation or re- taining wall that could be reasonably expected to pose a hazard to employees shall not be permitted except when: (i) A support system. such as under- pinning. is provided to ensure the safe. ty of employees and the stability of the structure: or (ii) The excavation is in stable rock: or (iii) A registered professional engi- neer has approved the determination that the structure is sufficently re- moved from ::he excavation so as to be 376 I H H I I I H I I I I I L I I I I Occupational Safety and Health Admin., Labor unaffected by the excavation activity: or (iv) A registered professional engi- neer has approved the determination that such excavation work will not pose a hazard to employees. (3) Sidewalks, pavements, and appur- tenant structure shall not be under- mined unless a support system or an- other method of protection is provided to protect employees from the possible collapse of such structures. (j) Protection of employees from loose rock or soil. (1) Adequate protection shall be provided to protect employees from loose rock or soil that could pose a hazard by falling or rolling from an excavation face. Such protection shall consist of scaling to remove loose ma- terial: installation of protective barri- cades at intervals as necessary on the face to stop and contain falling mate- rial: or other means that provide equiv- alent protection. (2) Employees shall be protected from excavated or other materials or equip- ment that could pose a hazard by fall- ing or rolling into excavations. Protec- tion shall be provided by placing and keeping such materials or equipment at least 2 feet (.61 m) from the edge of excavations, or by the use or retaining devices that are sufficient to prevent materials or equipment from falling or rolling into excavations, or by a com- bination of both if necessary. (k) Inspections. (1) Daily inspections of excavations, the adjacent areas, and protective systems shall be made by a competent person for evidence of a sit- uation that could result in possible cave-ins, indications of failure of pro- tective systems. hazardous atmospheres. or othef hazardous condi- tions. An inspection shall be conducted by the competent person prior to the start of work and as needed throughout the shift. Inspections shall also be made after every rainstorm or other hazard increasing occurrence. These in- spections are only required when em- ployee exposure can be reasonably an ticipated. (2) Where the competent person finds evidence of a situation that could re- sult in a possible cave-in. indications of failure of protective systems. haz- ardous atmospheres, or other hazard- ous conditions. exposed employees 377 41926.652 shall be removed from the hazardous area until the necessary precautions have been taken to ensure their safety. (I) Walkways shall be provided where employees or equipment are required or permitted to cross over excavations. Guardrails which comply with § 1926.502(b) shall be provided where walkways are 6 feet (1.6 m) or more above lower levels. 154 FR 4959. Oct. 31. 1989. as amended by 59 FR 40730. Aug 9. 19941 § 1926.652 Requirements for protective systems. (a) Protection of employees in exca- vations. (1) Each employee in an exca- vation shall be protected from cave-ins by an adequate protective system de- signed in accordance with paragraph (b) or (c) of this section except when. (i) Excavations are made entirely in stable rock: or (ii) Excavations are less than 5 feet (I.s2rn) in depth and examination of the ground by a competent person provides no indication of a potential cave-in. (2) Protective systems shall have the capacity to resist without failure all loads that are intended or could rea- sonably be expected to be applied or transmitted to the system. (b) Design of sloping and benching sys- tems. The slopes and configurations of sloping and benching systems shall be selected and constructed by the em- ployer or his designee and shall be in accordance with the requirements of paragraph (b)(1): or, in the alternative. paragraph (b)(2). or. in the alternative. paragraph (b)(3). or. in the alternative. paragraph (b)(4). as follows: (1) Option (1) —Allowable configurations and slopes. (i) Excavations shall be sloped at an angle not steeper than one and one-half horizontal to one vertical (34 degrees measured from the hori- zontal). unless the employer uses one of the other options listed below. (ii) Slopes specified in paragraph (b)(1)(i) of this section. shall be exca- vated to form configurations that arc in accordance with the slopes shown for Type C soil in Appendix B to this subpart. (2) Option (2) —Determination of slopes and configurations using Appendices A and B. Maximum allowable slopes, and allowable configurations for sloping I C I I H I I H H I I I f 1 § 1926.652 and benching systems. shall be deter- mined in accordance with the condi- tions and requirements set forth in ap- pendices A and B to this subpart. (3) Option (3) —Designs using other tab- ulated data. Ii) Designs of sloping or benching systems shall be selected from and be in accordance with tab- ulated data, such as tables and charts. (ii) The tabulated data shall be in written form and shall include all of the following: (A) Identification of the parameters that affect the selection of a sloping or benching system drawn from such data: (B) identification of the limits of use of the data, to include the magnitude and configuration of slopes determined to be safe. (C) Explanatory information as may be necessary to aid the user in making a correct selection of a protective sys- tem from the data. (iii) At least one copy of the tab- ulated data which identifies the reg- istered professional engineer who ap- proved the data, shall be maintained at the jobsite during construction of the protective system. After that time the data may be stored off the jobsite. but a copy of the data shall be made avail- able to the Secretary upon request. (4) Option (4) —Design by a registered professional engineer. (i) Sloping and benching systems not utilizing Option (1) or Option (2) or Option (3) under paragraph (b) of this section shall be approved by a registered professional engineer. (ii) Designs shall be in written form and shall include at least the following: (A) The magnitude of the slopes that were determined to be safe for the par- ticular project. 1 (B) The configurations that were de- termined to be safe for the particular project and (C) The identity of the registered pro- fessional engineer approving the de- sign. (iii) At least one copy of the design shall be maintained at the jobsite while the slope is being constructed. After that time the design need not be at the jobsite. but a copy shall he made available to the Secretary upon re- quest. (c) Design of support systems. shield systems. and other protective systems. De - 29 CFR Ch. XVII (7-1-98 Edition) signs of support systems shield sys- terns, and other protective systems shall be selected and constructed by the emp!oyer or his designee and shall be in accordance with the requirements of paragraph (c)(!): or. in the alter- native. paragraph (c)(2): or. in the al- ternative, paragraph (c)(3). or. in the alternative, paragraph (c)(4) as follows. (1) Option (1) —Designs using appen- dices A, C and D. Designs for timber shoring in trenches shall be determined in accordance with the conditions and requirements set forth in appendices A and C to this subpart. Designs for alu- minum hydraulic shoring shall be in accordance with paragraph (c)(2) of this section. but if manufacturer's tab- ulated data cannot be utilized, designs shall be in accordance with appendix D. (2) Option (2) —Designs Using Manufac- turer's Tabulated Data. (i) Design of sup- port systems. shield systems. or other protective systems that are drawn from manufacturer's tabulated data shall be in accordance with all speci- fications, recommendations, and limi- tations issued or made by the manufac- turer. (ii) Deviation from the specifications. recommendations. and limitations issued or made by the manufacturer shall only be allowed after the manu- facturer issues specific written ap- proval. (iii) Manufacturers specifications, recommendations, and limitations, and manufacturer's approval to deviate from the specifications, recommenda- tions, and limitations shall be in writ- ten form at the jobsite during con- struction of the protective system. After that time this data may be stored off the jobsite. but a copy shall he made available to the Secretary upon request. (3) Option (3) —Designs using other tab- ulated data (i) Designs of support sys- tems, shield systems. or other protec- tive systems shall be selected from and be in accordance with tabulated data. such as tables and charts. (ii) The tabulated data shall be in written form and include all of the fol- lowing. (A) Identification of the parameters that affect the selection of a protective system drawn from such data. 378 I7 H H I I u I I I I I I I I L I I Occupational Safety and Health Admin., Labor (B) Identification of the limits of use of the data: (C) Explanatory information as may be necessary to aid the user in making a correct selection of a protective sys- tem from the data. (iii) At least one copy of the tab- ulated data, which identifies the reg- istered professional engineer who ap- proved the data, shall be maintained at the jobsite during construction of the protective system. After that time the data may be stored off the jobsite. but a copy of the data shall be made avail- able to the Secretary upon request. (4) Option (4) —Design by a registered professional engineer. (i) Support sys- tems. shield systems, and other protec- tive systems not utilizing Option I. Op- tion 2 or Option 3. above. shall be ap- proved by a registered professional en- gineer. (ii) Designs shall be in written form and shall include the following: (A) A plan indicating the sizes, types. and configurations of the materials to be used in the protective system: and (B) The identity of the registered professional engineer approving the de- sign. (iii) At least one copy of the design shall be maintained at the jobsite dur- ing construction of the protective sys- tem. After that time, the design may be stored off the jobsite. but a copy of the design shall be made available to the Secretary upon request. (d) .Materials and equipment. Cl) Mate- rials and equipment used for protective systems shall be free from damage or defects that might impair their proper function. (2) Manufactured materials and equipment used for p/otective systems shall be used and maintained in a man- ner that is consistent with the rec- ommendations of the manufacturer. and in a manner that will prevent em- ployee exposure to hazards. (3) When material or equipmentthat is used for protective systems is dam- aged. a competent person shall exam- ine the material or equipment and evaluate its suitability for continued use. If the competent person cannot as- sure the material or equipment is able to support the intended loads or is oth- erwise suitable for safe use, then such material or equipment shall be re- § 1926.652 moved from service. and shall be evalu- ated and approved by a registered pro- fessional engineer before being re- turned to service. (e) Installation and removal of sup- port —(I) General. (i) Members of sup- port systems shall be securely con- netted together to prevent sliding, fall- ing. kickouts. o: other predictable fail- ure. (ii) Support systems shall be in. stalled and removed in a manner that protects employees from cave-ins. structural collapses, or from being struck by members of the support sys- tem. (iii) Individual members of support systems shall not be subjected to loads exceeding those which those members were designed to withstand. (iv) Before temporary removal of in- dividual members begins, additional precautions shall be taken to ensure the safety of employees, such as in- stalling other structural members to carry the loads imposed on the support system. (v) Removal shall begin at, and progress from, the bottom of the exca- vation. Members shall be released slow- ly so as to note any indication of pos- sible failure of the remaining members of the structure or possible cave-in of the sides of the excavation. (vi) Backfilling shall progress to- gether with the removal of support sys- tems from excavations. (2) Additional requirements for support systems for trench excavations. (i) Exca- vation of material to a level no greater than 2 feet ( 61 in) below the bottom of the members of a support system shall be penn.itted, but only if the system is designed to resist the forces calculated for the full depth of the trench, and there are no indications while the trench is open of a possible loss of soil from behind or below the bottom of the support system. (ii) Installation of a support system shall be closely coordinated with the excavation of trenches. (f) Sloping and benching systems. Em- ployees shall not be permitted to work on the faces of sloped or benched exca- vations at ievels above other employ- ees except when employees at the lower levels are adequately protected from 379 1 I H I I C I I I I I I I I I I I Pt. 1926, Subpt. P, App. A the hazard of falling, rolling, or sliding material or equipment. (g) Shield systems -41) General. (i) Shield systems shall not be subjected to loads exceeding those which the sys- tem was designed to withstand. (ii) Shields shall be installed in a manner to restrict lateral or other haz- ardous movement of the shield in the event of the application of sudden lat- eral loads. (iii) Employees shall be protected from the hazard of cave-ins when enter- ing or exiting the areas protected by shields. (iv) Employees shall not be allowed in shields when shields are being in- stalled, removed, or moved vertically. (2) Additional requirement for shield systems used in trench excavations. Exca- vations of earth matenal to a level not greater than 2 feet (.61 m) below the bottom of a shield shall be permitted. but only if the shield is designed to re- sist the forces calculated for the full depth of the trench, and there are no indications while the trench is open of a possible loss of soil from behind or below the bottom of the shield. APPENDIX A TO SUBPART P —SOIL CLASSIFICATION (a) Scope and apphcauon—(1) Scope. This appendix describes a method of classifying soil and rock deposits based on site and envi- ronmental conditions, and on the structure and composition of the earth deposits The appendix contains definitions, sets forth re- quirements. and describes acceptable visual and manual tests for use in classifying soils. (2) Application. This appendix applies when a sloping or benching system is designed in accordance with the requirements set forth in 51926.652(b)(2) as a method of protection for employees from cavq ins. This appendix also applies when timber shoring for exca. vations is designed as a method of protection from cave-ins in accordance with appendix C to subpart P of part 1926. and when alu minum hydraulic shoring is designed in ac- cordance with appendix D. This Appendix also applies if other protective systems are designed and selected for use from data pre- pared in accordance with the requirements set forth in §1926.652(c), and the use of the data is predicated on the use of the soil clas- sification system set forth in this appendix. (h) Definitions. The definitions and exam- ples given below are based on. in whole or in pan. the following. American Society for Testing Materials (ASTM) Standards D653-85 and O2482: The Unified Soils Classification 29 CFR Ch. XVII (7-1-98 Edition) System. The U.S. Department of Agriculture (USDA) Textural Classification Scheme' and The National Bureau of Standards Report BSS -121 Cemented soil means a soil in which the par titles are held together by a chernical agent, such as calcium carbonate, such that a hand - sae sample cannot be crushed into powder or individual soil particles by finger pressure. Cohesive sin; 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 sidesiopes. 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 mews 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 sci! 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 ir. layers Micaceous scams or weakened planes in rock or shale are considered lay- ered, Moist soil means a condition in which a soil looks and feels damp. Moist cohesive soil can easily be shaped into a ball and rolled into small diameter threads before crumbling Moist granular soil that contains some cohe. sive material will exhibit signs of cohesion between particles. Plastic means a property of a soil which al- lows the soil to be deformed or molded with- out cracking. or appreciable volume change. Saturated soil means a soil in which the voids are filled with water. Saturation does not require flow. Saturation. or near satura- tion, is necessary for the proper use of in- struments such as a pocket penetrometer or sheer vane. Soil class, ,cation system means, for the pur- pose of this subpart, a method of categoriz- ing soil and rock deposits in a hierarchy of Stable Rock. Type A. Type B. and Type C. in decreasing order of stability. The categories are determined based on an analysis of the properties and performance characteristics of the deposits and the environmental condi- tions of exposure. Stable rock means natural solid mineral matter that can be excavated with vertical sides and remain intact while exposed. Submerged soil means soa which is under water or is Fee seeping 380 II L L I J Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P. App. A I I J J I P1 L I I L I I I Type A means cohesive soils with an unconfined compressive strength of 1.5 ton per square foot (tsf) (144 kPa) or greater Ex- amples of cohesive soils are. clay, silty clay. sandy clay, clay loan, and. in some cases. silty clay loam and sandy clay loam. Ce- mented soils such as ca:iche and hardpan are also considered Type A. However, no soil is Type A if: (i) The soil is fissured: or (ii) The soil is subject to vibration from heavy traffic. pile driving, or similar effects. or (iii) The soil has been previously disturbed. or (iv) The soil is part of a sloped, layered system where the layers dip into the exca- vation on a slope of four honzonta! to one vertical (4H. IV) or greater. or (v) The material is subject to other factors that would require it to be classified as a less stable material. Type B means: (i) Cohesive soil with an unconfined com- pressive strength greater than 0.5 tsf (48 kPa) but less than 1.5 tsf (144 kPa); or (ii) Granular cohesionless soils including' angular gravel (similar to crushed rock). silt, silt loam, sandy loam and, in some cases, silty clay loam and sandy clay loam. (iii) Previously disturbed soils except those which would otherwise be classed as Type C soil. (iv) Soil that meets the unconfined com- pressive strength or cementation require - menu for Type A. but is fissured or subject to vibration: or (v) Dry rock that is not stable: or (vi) Material that is pan of a sloped, lay- ered system where the layers dip into the ex- cavation on a slope less steep than four hori- zontal to one vertical (1H:iV) but only if the material would otherwise be classified as Type B. Type C means: (i) Cohesive soil with an unconfined com- pressive strength of 0.5 tsf (48 kPa) or less: or (ii) Granular soils including gravel. sand, and loamy sand; or (in) Submerged soil dr soil from which water is freely seeping: or (iv) Submerged rock that is not stable. or (v) Material in a sloped, layered system where the layers dip into the excavation or a slope of four horizontal to one vertical (4H -IV) or steeper Unconfined compressive strength means the load per unit area at which a soi! will rail in compression. It can be determined by labora- tory testing. or estimated in the field using a pocket penetrometer, by thumb penetra tion tests, and other methods. Wet soil means soil that contains signifi- cantly more moisture than moist soil. but in such a range of values t hat cohesive material will slump or begin to .flow when vibrated Granular material that would exhibit cohe- 381 sive properties when moist will lose those co- hesive properties when wet. (c) Requirements —(1) Classification of soil and rock deposits. Each soil and rock deposit shall be classified by a compel ent person as Stable Rock. Type A. Type B. or Type C in accordance with the definitions set forth in paragraph (b) of this appendix. (2) Basis of classification The classification of the deposits shall be made based on the re suits of at least one visual and at !east one manual analysis. Such analyses shall be con- ducted by a competent person using tests de- scribed in paragraph (d) below. or in other recognized rrie•,hods of soil classification and testing such as those adopted by the Amer- ica Society for Testing Materials, or the U.S. Department of Agriculture textural classi- fication system. (3) Visual and manual analyses. The visual and manual analyses. such as those noted as being acceptable in paragraph (d) of this ap- pendix. shall be designed and conducted to provide sufficient quantitative and quali- tative information as may be necessary to identify properly the properties. factors, and conditions affecting the classification of the deposits (4) Layered systems In a layered system, the system shall be classified in accordance with its weakest layer. However, each layer may be classified individually where a more stable layer lies under a less stable layer. (5) Reclassification. If, after classifying a de- posit, the properties, factors, or conditions affecting its classification change in any way. the changes shall be evaluated by a competent person. The deposit shall be re- classified as necessary to reflect the changed circumstances. (d) Acceptable visual and manual tests. —(I) Visual tests. Visual analysis is conducted to determine qualitative information regarding the excavation site in general. the soil adja- cent to the excavation, the soil forming the sides of the open excavation. and the soil taken as samples from excavated material. (I) Observe samples of soil that are exca- vated and soil in the sides of the excavation. Estimate the range of particle sizes and the relative amounts of the particle sizes. Soil that is primarily composed of fine-grained material is cohesive material. Soil composed primarily of coarse -grained sand or gravel is granular material. (ii) Observe soil as it is excavated Soil that remains in clumps when excavated is cohesive Soil that breaks up easily and does not stay in clumps is granular. (iii) Observe the side of the opened exca- vation and the surface area adjacent to the excavation. Crack -like openings such as ten- sion cracks could indicate fissured material. If chunks of soil spall off a vertical side, the soil could be fissured. Small spa!ls are evil dente of moving ground and are indications of putentially hazardous situations. I H [TI I I C I I I I I I I P1 C I I I Pt. 1926, Subpt. P. App. 8 (iv) Observe the area adjacent to the exca- vation and the excavation itself for evidence of existing utility and other underground structures, and to identify previously dis- turbed soil (v) Observe the opened side of the exca- vation to identify layered systems Examine layered systems to identify if the lavers slope toward the excavation. Estimate the degree of slope of the layers. (vi) Observe the area adjacent to the exca- vation and the sides of the opened exca- vation for evidence of surface water, water seeping from the sides of the excavation, or the location of the level of the water table. (vii) Observe the area adjacent to the exca- vation and the area within the excavation for sources of vibration that may affect the stability of the excavation face. (2) Manual tests. Manual analysis of soil samples is conducted to determine quan- t'tative as well as qualitative properties of soil and to provide more information in order to classify soil property. (i) Plasticity. Mold a moist or wet sample of soil into a ball and attempt to roll it into threads as thin as 'A -inch it.. diameter. Cche- sive material can be successfully rolled into threads without crumbling. For example. if at least a two inch (50 mm.) length of 'A -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 or. 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 clomps can only be broken up with difficulty, it may be clay in any combination with gravel, sand or silt. If the dry soil breaks into clumps which do not break up into small clumps and which can only be broken with difficulty, and there is no visual indication the soil is fissured, the soil may be considered unfissured. (iii) Thumb penetration. The thumb penetra. tion test can be used to estimate the unconfined compressive strength of cohesive soils (This test is basedbn the thumb pene- tration test described in American Society for Testing and Materials (ASTM) Standard designation D2488 —''Standard Recommended Practice for Description of Soils (Visual — Manual Procedure).') Type A soils with an unconfined compressive strength of 1.5 tsf can be readily indented by the thumb. how- ever. they can be penetrated by the thumb only with very great effort. Type C soils with an unconfined compressive strength of 0 5 tsf can he 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 piactmab a after excavation to keep to a miminum the effects of exposure to drying influences. If the exca- 29 CFR Ch. XVII (7-1-98 Edition) vation is later exposed to wetting influences (rain. flooding), the classification of the soil in st be changed accordingly (iv) Other strength tests Estimates of unconfined compressive strength of soils can also be obtained by use of a pocket pene- trometer or by using a hand -operated shearvane. (v) Drying rest. The basic purpose of the drying test is to differentiate between cohe- sive material with fissures. unfissured cohe- sive material, and granular material. 71c procedure for the drying test involves drying a sample of soil that is approximately one inch thick (2.54 cm) and six inches (15.24 cm) in diameter until it is thoroughly dry'. (A) I! the sample develops cracks as it dries, significant fissures are indicated. (B) Samples that dry without cracking are to be broken by hand. If considerable force is necessary to break a sample, the soil has sig- nificant cohesive material content. The soil can be classified as a unfissured cohesive ma- terial and the unconfined compressive strength should be determined. (C) if a sample breaks easily by hand, it is either a fissured cohesive material or a granular material. To distinguish between the two, pulverize the deed clumps of the sample by hand or by stepping on them. If the clumps do not pulverize easily, the mate rtal is cohesive with fissures. if they pulver- ize easily into very small fragments. the ma- terial is granular. APPENDIX B TO SUBPART P —SLOPING AND BENCHING (a) Scope and application. This appendix contains specifications for sloping and benching when used as methods of protecting employees working in excavations from cave-ins. The requirements of this appendix apply when the design of sloping and bench- ing protective systems is to be performed in accordance with the requirements set forth in 41926 652(b; (2). (b) Definitions. Actual slop' means the slope to which an excavation (ace is excavated. Distress means that the soil is in a condi- tion where a cave-in is immanent or is likely to occur. Distress is evidenced by such phe- nomena as the development of fissures in the face of or adjacent to an open excavation: the subsidence of the edge of an excavation: the slumping of material from the face or the bulging or heaving of material from the bottom of an excavation: the spelling of ma- terial from the face of an excavation; and raveling. i.e.. small amounts of material such as pebbles or little clumps of material suddenly separating I. om the face of an exca- vation and trickling or rolling down into the excavation. ^I I H H C Occupational Safety and Health Admin.. Labor Pt. 1926, Subpt. P, App. B I C I I I I I I H I I r L Maximum allowable slope means the steep- est incline of an excavation face that is ac- ceptable for the most favorable site condi- tions as protection against cave•ins and is expressed as the ratio of horizontal distance to vertical rise (H V). Short term exposure means a period of time less than or equal to 24 hours char an exca- vation is open (c) Requirements—(!) Soil classification. Soil and rock deposits shall be classified in ac- cordance with appendix A To subpart p of part 1926. (2) Maximum allowable slope. The maximum allowable slope for a soil or rock deposit shall be determined from Table B -I of this appendix. (3) Actual slope. (i) The actual slope shall not be steeper than the maximum allowable slope. (ii) The actual slope shall be less sleep than the maximum allowable slope.-. when there are signs of distress. If that situation occurs, the slope shall be cut bark to an ac- tual slope which is at least 'h horizontal Co one vertical (zH:V) less steep than the maximum allowable slope. (iii; When surcharge loads from scored ma- terial or equipment, operating equipment. or traffic are present, a competent person shall determine the degree to which the actual slope must be reduced below the maximum allowable slope, and shall assure that such reduction is achieved. Surcharge loads from adjacent structures shall be evaluated in ac- cordance with 51926.651(i). (4) Configurations. Configurations of slop- ing and benching systems shall be in accord- ance with Figure B -l. TABLE B -I MAXIMUM, ALLOWABLE SLOPES SOIL OR ROCK TYPE MA/!UM ALLOWABLE S-CPES(H:V)[l] FOR EXCAVATIONSLESS THAN 20 FEET 0III STABLE ROCK VERTICA', (900) TYPE A 12; 3/4:1 (5331 TYPE B 1:1 1450) TYPE C 14:1 (340) NOTES: 1. Numbers Shorn in parentheses next to maximum allowable slopes are angles expressed in degrees from the horizontal. Angles have been rounded off. t 2. A short-term maximum allwable slope of 1/214AV (63') is allwed in excavations In Type A soil chat are 12 feet (3.6) a) or less In depth. Short-term mission allocable slopes for exeavations &tester than 12 feet (3.67 e) In depth shall be 3I4N:IV (53)- 3, Sloping or benching for excavations greater than 20 feet deep shall be designed by a registered professional engineer. figure B -I Slope Configura Lions (All slopes stated below are in the horizontal to vertical ratio) /3-I.) Excavations made in Type A soil 1. All simple slope excavation 20 feet or less in depth shall have a maximum allowable slope of WI 383 Pt. 1926, Subpt. P. App. B 20Max. 29 CFR Ch. XVII (7-1-98 Edition) 1 3/6 SIMPLE SLOPE -GENERAL Exception: Simple slope excavations which are open 2s hours or less (short term) and which are 12 feet or less in depth shall have a maximum allowab:e slope of 'h: 1 12' Mar.. SIMPLE SLOPS -SHORT TERM 2 All benched excavations 20 feet or less in depth shalt have a maximum allowable slope of � to I and maximum bench dimensions as follows. 384 I 1 1 1 I 1 1 1 1 1 1 1 Occupational Safety and Health Admin., Labor Pt, 1926, Subpt. P. App. B SIMPLE BENCH 20Max. 5' Max. 4' Max. LU / I I 3/4 MJLTIPLE BENCH. 3. Ail excavations 8 feet or less in depth which have unsupported verticaFly sided lower por- tions shall have a maximum vertical side of 3'h feet. z1 6' Max. 1 Max. UNSUPPORTED VERTICALLY SIDED LCYLR PORTION-MAXRLJN. 8 FEET IN DEPTil All excavations more than 8 feet but not more than !2 feet in depth which unsupported ver ccally sided lower porticas shall have a maxirnurn allowable slope of !:1 and a maximum ver- tical side of 3v. feet. MW I J J H I' I J J J J I I I I L C Pt. 1926, Subpt. P. App. B 29 CUR Ch. XVII (7-1-98 Edition) UNSUPPORTED VERT:CALL" SIDED LONER PORTIO1.—MM,MUM 12 FEET ! '.' DEPTH All excavations 20 feet or less in depth which have vertically sided lower portions that are s-pported or shielded shall have a maximum allowable slope of Y,.:. The support or shield sys- tem must extend at least IS :nches above the top of the vertical side upoorc or shield syste, 20Max. 3/=' I II 18" Total height of vertical side SUPPORTED OR SHIELDED VERT!CALLV S:DE0 LOWER PORTION 4. Ali other simple slope, compound slope, and vertically sided lower portion excavations shall be :n accordance with the other options permitted under S 1926. E52(b). B-1.2 Excavations Made to Type B Soil 1. All simple slope excavations 20 feet or less in depth shall have a maximum allowable slope of I'.. I S!.MPLE SLOPE 2. All benched excavations 20 feet or less in depth shall have a maximum allowable slope of :.1 and maximum bench dimensions as fullows. I I I I 1 1 1 1 1 I. Occupational Safety and Health Admin., Labor Pt, 1926, Subpt. P. App. B This bench allowed in cohesive soil only. I 20' Max A l l a . / Max. i SINGLE BENCH This bench allowed in cohesive soil only 20' ?ax. i Max_ 1.' Max. MU'_TIPLE BENCH. 3. All excavations 20 feet or less in depth which have vertically sided lower portions shall be shielded or suppored to a height at leas: 18 inches above the top of the vertical side. All such excavations shall have a maximum allowable slope of 1:1. Support or shield system H / 20Max. IjI z II II g1 wt^ Total height of vertical side VERTICALLY SIDED LONER PORTION 4. Al: other sloped excavations shall be in accordance with the other options permitted in S 1926.652(b), B -1.J Ex.CAVAT;ONS MACE IN TYPE C Sot I. All simple slope excavations 20 feet or less in depth shall have a maximum allowable slope of I'h 1. Pt. 1926, Subpt. P. App. B 29 CFR Ch. XVII (7-1-98 Edition) 41 t5 SIMPLE SLOPE 2. All excavations 20 feet or !ess :n depth which have vertically sided lower portions shall be shielded o- supported to a height a: least IS inches above the top of the vertical side. A!! such excavatiors shall have a maximum ai!owable slope of 11h.1 Support or shield systeo 20 Max. i21' 18 "n. :otal height of ve-tiral aide VERTICAL SIDED LONER PORTION 3. A:: oche: sloped excavations shat) be in acccdance with the ether options permitted in 5 1925.552(b), B -I.4 Excavations Made ,r. Layered Soils I. All excavations 20 feet or less in depth made in layered soils shall have a maximum al- lowable slope for each layer as set forth below. 1 1 1 1 1 Occupational Safety and Health Admin., Labor a OVER A C OVER A C OVER a 389 Pt, 1926. Subpt. P. App. B I [J I C Li J I I I I I C u C Pt. 1926, Subpt. P. App. C A OVER 9 A OVER C 29 CFR Ch. XVII (7-1-98 Edition) c el II LI' B OJER C 2. All other sloped excavations shall be in accordance with the other options permitted in 51926.652(b). APPENDIX C TO SUBPART P—TiMBER SH0RINC FOR TRENCHES (a) Scope. This appendix contains ir.fcrma- tion that can be used timber shoring is pro. vided as a method of protection from cave- ins in trenches that do not exceed 20 feet (6.1 m) in depth. This appendix must be used when design of timber shoring protective systems is to be performed in accordance with Sh 925.652(c)(1). Other timber shoring configurations: other systems of support such as hydraulic and pneumatic systems: and other protective systems such as slop- ing. benching. shielding, and freezing sys- tems must be designed in accordance with the requirements set forth in S 926.652(b) and 5926,652(c), (b) Sod Classlficarion. 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 us:rg the soil clas- sification method set forth in appendix A of subpart P of this part. (c) Presenterion of Information. Information is presented in several forms as follows: (I) Information is presented in tabular form ir. Tables C-1. I. C-1.2. and C-1.3. and Ta- bles C-2.!. C-2.2 and C-2.) following para- graph (g) of the appendix. Each table pre- sents the minimum sizes of timber members to use in a shoring system, and each table contains data only for the particular soil type in which the excavation or portion of 390 I I H I L I I H I I H I L L I L I Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. C the excavation is made. The data are ar ranged to allow the user tre Cex ibi:i:y to se. !ect iron: among several acceptable configu- rations of members based on varying the horizontal spacing of the crossbraces. Stable rock is exempt from shoring requirements and therefcre, no data are presented Co. this condition. (2) Information concerning the basis of the tabular data and the limitations of the data is presented in paragraph (d) of this appen- dix. and on the tables themse.ves. (3) !nformation explaining the use of the tabular data is presented in paragraph (e) of this appendix. (4) Information. illustrating the use of the tabular data :s presented in paragraph (L of this appendix. (5) M:scel:aneous notations regarding Ta- bles C-1.1 through C-1.3 and Tables C-2.1 through C -?.3 are presented in paragraph (g) of this Appendix. (d) Basis and limitations a! the data —(1) Ds mensions of umber members. U) The sizes of the timber members listed in Tabies C-I.I through C-!.3 are taken from. the National Bureau of Standards (NBS) report. ''Sec ommended Techn!ca: Provisions for Con struccion Practice in Shoring and Sloping of Trenches and Excavations." In addition. where NBS did not recommend specific sizes of members. member sizes are based on an analysts of the sizes required for use by ex - :sing codes and on empirical practice. (!i) The required dimensions of the mem- bers listed ir. Tables C-1. I through C-1.3 refer to actual dimensions and not nominal d: mensions of the timber. Employers wanting to use nominal size shoring are directed to Tables C-2.1 through C-2.3, or have this choice under S :926.652(c)(3). and are referred cc The Corps or Engineers. The Bureau of Reclamation or data from other acceptable sources. (2) Limitation of application. (i) it is not in- tended that the timber shoring specification apply to every situation that may be experi- encec in the .field. These data were deve:oped to apply to the situations chat are most commonly experienced ++n current trenching practice Shoring systehis for use in s:tua- tions that are no: covered by the data in this appendix must be designed as specified in 5 1926.652(c). (ii) When any of the following conditions are present, the members specified in the to tiles are not considered adequate. Either an alternate timber shoring system must be de- signed or another type of protective system: designed in accordance with 51925.652. (Al When loads imposed by structures or by stored material adjacent to the trench weigh in excess of the load imposed ay a two - foot soil surcharge The term -'adjacent'' as used here means the area w;thin a horizontal distance from the edge of the trench equal to the depth of the trench. 391 (9) When vertical (cads imposed on cross braces exceed a 240 -pound gravity lead dis. crmcted_ on a one -foot section of thr center of the crossbrace. (C) When surcharge loads are present from equipment weighing in excess of 20.000 pounds (D) When only the lower portico of a trench is shored and the remaining portion of the trench is sloped or benched unless. The sloped portion is sloped a: an angle less steep than three hortzom a. 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 numbers of the Shur ing system that are to be selected using this information are the cross braces, the uprights, and the wales, where wales are re. qu:red. M:n:niurt sizes of members are speci. fied for use ::: different types of sot: There are six cables 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 !926. 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 Co be installed and. it mast instancesthe selection, is also based on the horizontal spacing of the crossbraces. Instances where a choice of horizontal spac- ing of crossbracing is available, the hori- zontal spacing of the crossbraces must be chosen by the user before the size of any member can be determined. When the soil type. the width and depth of the trench, and the horizontal spacing of the crossbraces are known, the size and vertical spacing of the crossbraces. the size and vertical spacing of the wales, and the size and horizontal spac- ing of the uprights car. be read from the ap- propriate table. (1) Examples tc !Ilustra;e the Use of Tabies C- I.l through C -l. 3. (i) Example ). A trench dug in Type A soil is 13 feet deep and rive feet wide. From .Table C -l. 1. for acceptable arrange- ments of timber can be used. Arrangement /BI Space 4x4 crossbraces at six feet hurl. zcr.tally and four feet verr!cafy. Wales are not required Space 3x8 uprights at six feet horizontally. This arrangement is commonly called''skip shoring' Arrangement 1132 Space 4x6 crossbraces at eight feet hors. zonca!!y and four feet vert:caily. Space 84 wales at four feet vertical:y. H L L I L L L I L L I I I I I I I I Pt, 1926, Subpt. P, App. C Space 2x6 uprights at .four feet hod zoncally. Aria ngemenm 083 Space 6x5 crossbraces a: 10 feet hon zontally and four feet vertically. Space Sx:0 wales at four feet vertical:y. Space 2x5 uprights at five feet hon- zontally. Arrangement #BI Space 6x6 crossbraces at 12 feet hon- zontal!y and four feet vertically. Space I0x:C wales at four feet vertically. Spaces 3x6 uprights at six feet hor-- zoncally. (2) Example 2. A trench dug in Type B soil in !3 feet deep and .^-ve feet wade. From Table C-1.2 three acceptable arrangements of members are listed. Arrangement #Bl Space 6x5 crossbraces at six feet hori- zontally and five fee: vertically. Space 6x8 wales at five feet vertically. Space 2x6 uprights at two feet hori- zontal!v. Arrangement 232 Space 6x8 crossbraces at eight feet hori- zontally and five fee: vertical!-. Space 10x:0 wales at five .feet vertically Space 2x6 uprights at two feet hon zoncally. Arrangement 053 Space 8x8 crossbraces a: 10 feet' hori- zontally and five feet vertically. Space 10x!2 wales at five .feet vertically Space 2x6 uprights at two fee: vertically. (3) Example 1. A trench dug in Type C sail is 13 feet deep and five feet w:de. From Table C -I.) two acceptable arrange- ments of members can be used. Arrangement tBI Space 8x8 crossbraces at six feet hori- zor.taily and five feet vertically. Space l0x:? wales at five feet verricaliy Position 2x6 uprights as closely together as possible If water must be retained use special tongue and groove uprights to Pone: tight sheeting. Arrangement /82 Space 8x10 crossbraces at eight feet hon- zoncally and rive feet vertically. 392 29 CFR Ch. XVII (7-1-98 Edition) Space !2x1?.vales a: five feet vertically. Position 2x6 uprights in a close sheeting configuration unless water pressurettrust be resisted. Tight sheeting must be used where water must be retained (4) Example a A trench deg :n Type C so:! is 20 feet deep and Ii fee: wife. The size and spacing of members for the section of trench chat' is over 15 feet in depth is determined using Table C -I.!. Orly one arrangement of mem- bers is provide^_. Space &!o crossbraces a: six feet horn zenta!!y and five feet vertically. Space I 1 wales at five fee: vertically. Use 3x6 tight sheeting. Use of Tables C-2. ! through C-2.3 would fol- low the same procedures (g) Notes !or all Tables I Member sizes at spacings other than in- dicated are to be determined as specified in § 1926 65?(c). __Design of Protective Systems. 2. When conditions are saturated or sub- merged use Tight Sheeting. Tight Sheeting refers to the use of specially -edged timber planks (erg.. tongue and groove) at least three inches thick, steel sheet piling, or simi!a: constriction that when driven or placed in position provide a :fight wall to re- sts-, the lateral pressure of water and cc pre- vent the loss of backfiil material. Close Sheeting refe:-s tc the placement of planks side -by -side allowing as little space as pos- sible between them. 3. Al! spac:ng indicated is measured center to center 4. Wales to be installed with greater di- mension horizontal. S. 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 bat. tom of the trench shall not exceed 36 inches. When mudsills are used, the vertical dis- tance shall not exceed 42 inches M,udsilis are wales that are insta!!ed at the roe of the trench side 6. Trench jacks may be used fen lieu of or in combination with timber crossbraces. 7. P!acernen: cf crossdraces. When the ver- tical spacing of crossbraces is four .feet, place the top crossbrace no more than two feet below the top of the trench. When the verti- cal sparing of crossbraces is five feet. place the cop crossbrace no more than 2.5 feet below the top of the trench. Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. C h it II u i N I c i- w xI x T. N 1 F I W I I m J NI = l m u W , v 1 a vl a al v I W� O' O ! d o l p• O. tit r. r. 6Y 0 0i J - 0 m -' "J' o ••[� x e Q w 4 v' x x •a cx� a LI W C Q L O O • O p O P o I 0 0 )Cll m 0 oN C e ml m'0 '0 in n JI m _I O ~ Ww N 'C1I W f K J b J +O m W r ml J 0 0 -I I - x x x: x •l x x xl W d ci v ci d v 'a Iq IJ b m 0 CI J I I I + u xl x • x x x -I x x x x 6 v v v a v v YM Ip +p V J o I I 2 ` I ^ a m u v +o m m m m m I a x x x x x •a x x x x x o a a v a v a a u m J I � O o IO O o O Io 2� ^OI m 4 W Ip m O N• b m o N +O m pI NI 6 4 ca a p_ b n .-. 6 6 O - L W .r_ J 7 J _ J = i=] N c I- I• 4.J I- WO 60=W N C O O O JI N O O >N W W r — — — H — — ^ N 0 o C r 393 LI I C I 11 I L L Li I u J I Li I I I Pt, 1926, Subpt. P. App. C 29 CFR Ch. XVII (7-1-98 Edition) -I I< I I I " J Lr I < I I I C a., x % W r r rl IW 3 I 1 I U a J - J J ry % % % J M1 M1 I I 1 a ul u n r 0_ I I ~ I- CU I N N N N NI NI /1 N N I `1 W< x I W W I U< +: �+ 01 01 ' O OI rvI ry x Lf V' �.I J II L C 0.% I C C < Z U W Y1 N N N N . V1 N S J C C C C H f J¢¢ ¢ c I ¢ I I X c % % 1J x % X 1 - J '0 ¢I c I C C O I O M1 a ¢ ¢ ¢ ¢ ¢ c C' • W - X x x x XI )E X x % a I a .o J ¢ 1C ¢ ¢ m W O N OF C I <_ ti a a 'Cl ¢ q c C Cr s I a a r r r WN r m m J i• ' El O+ F a a a a ¢ c ¢ ¢ 0 a XI X x x! xI X x xI x1 U L J a .0 a' al C ¢ I O ' 0 a J a 1C c c c —1 X x X X xI . x x xI a a a a a m a c ¢ _ 0 l NU )- O yI O O O _ O O _ ~ ~ '_ rt J W a C N~ a~ c' 0 Y~ a c C Y W =;___ W Ia. L \ L_ 1 1 Y_O L Y_ h Y JI Y. O J O v -I _ J N C NZ F U I- C O W G I L N 0 O C 0 N ./1 0 C >r.. C K F I- ry O 39, I 1 Occupational Safety and Health Admin., Labor Pt. 1925, Subpt. P. App. C ' V z < ry LY I-.3= 0'_,_ I V La W 1u I I 1 1 I J ^ I . V '_Ni x L. R O S V 1 a OI I O m I m I Or Z Y X X X r X x O F rvl M1 ry ry ry n n J Z I.V 6 ] 2 C 9 N C V L mVI• .n n .� .n n 4 6 - CN • u c n J .J - C I I ,�, ry - H n, F. C O M1 C h n C V L I _ _ I - -I _ y n• I 2 M1 CZ V u T yi H.F W< auu n .. r. n r e - < W I - i N Y C I- i X G 0 mD 0 0 0 0 o C- 0 CL X x x X X X O O C m o m o o c ¢ L - - - aV u O F O V W 0 t N Y L W r O O O 0 6 n C m c W L v m C C C 0 C u r N 7 a V v <V p p 30• F s Z N H F m C. C O O I uw. Y m- x x X X X x CD C C F C t ,O C m C 0 C V J y N Y O O O O O a V O m n I- N V`SO -J _ x X x x x x 'a V' L O .D C C C 0 m as V O j O O CI O I < m - m - X X X x Y a xI X •] m m m m m • .. O V L y W OF F O 0 OL - C V I 0'VI I- C 0 N a 'J m J O N2 J a J C b Z L,,= 00 Y. N Z N O N • V F I O K L M 2 u n n W O O O O _ o O F W 395 N H H I I I I I I Pt. 1926, Subpt. P. App. C 29 CFR Ch. XVII (7-1-98 Fditior.) ml N a O a a uI N 1-01- I .n K K WL JI I J 6 - L m O'� I 1 O I I N NI a %I I ` I I I al JI J N m J v <K< C •i I f n} n N U' J- ✓ ✓ I JI J ZL' a al ul J JI J al >L' • Y 6 L O I 9 J C. J m m C P m• O - m 6. N Z'J ITV Y K ZV % I % K % K % I CI rt 6 m 6 IoI m m .VI Cl m m U It Y .- o W <U. a J J Y J a J J J a J J • 1 JJ 1 0- u u 'C < a m a a a u a a 7 v u m m 0J v a u a a a a m K % % K K % rt % K % % % J J O '01 IO C .C J J A IO C ?- I I L' r a u % !t I , '5 J ' a .%a .0 J W dl -I J J J J '71J N y .p '0 .0 .0 Qj J K K K % % K % K K K % % J J J J J J `a .C .a Ia .p .p I I _ - L" 0 0 pp 0 O YO F F Y Y Y Y Y K U W .a 0 Cn .a m O ry a oI O N a y a, L L L_ L L L L N J J J 7 J J 6 L N O O N - 0 O IL .JO C O K F I F 396 I I L I Occupational Safety and Health Admin.. Labor Pt. 1925, Subpt. P. App. C I u II I I I I I I I I L I 15 Y F' ry I < I I � I% Q I .O J '0 .O C J1 x x -I w .,• In F CV a N NI N N .". N N YI NI u f C L > J L O O. 1% O M1 M1 'f. J I % x % I I % % CCI .C ml % m m O I C 0 M1 V z I —I O —i U J I I F 1 4 f al • I o V. < 10 ~N C JI 6 m C m m 61 L_ x % % % %I )C % Y % f. J J oI J m m C m m( C I N' V r I NI `i6 I J' .J JI J ml mI J m m airair' I al_fl. NI J m NI JI I mI mI m m C. J 2 'CI J, .O I Cl I L 'L C ,p 'J a .JI m m m m m L.'C F i a. a J '01 `01 NI m I I 50 I I I u a m I m m m ¢ . CI - o a a '' I V 100 O I I- I - -0 _ _ - .- _ 0 ccF .; m Y o m o V , C C O V a OV'-: - .' ._V JI W J =Y`I L US .IUC 6 L 6 L L Y a. IVO 1 J � 0 J J IJ N NS � J 0 J N u O 6 w S. I� O u u 'n O O O M1 L_ r. F `i 1 397 Pt. 1926, Subpt. P, App. D 29 CFR Ch. XVII (7-1-98 Edition) z J CC N L N C. - 0'- L; W NY J'-- o I < I _ d N a .0 a J in % O r I a u C .i_-1__ V V W N W < W N I N mIo I I O ym .J I C O O O O n O --Id I ¢ `J - N N N I N N -' N F I N m C m m m - C C I 0 C Clm( m O O N N m 0 m m - a C C 0 ml m N vi 0 0 m m a % m a m I m V = Vt c so'- a a .J .e m m I- I < '0 < < m 0 0 a a 1 a 'O1 m - = W ��� � J 0 V Iv '0 C O • C V V a t u O<W - Y YJ LJ YJ VJ • • • W W N J J J N2 J J N2 NZ J N2 N- -I 1- 0I- a- O O O O N N WO O O¢ L n I- ry > N f r O APPENDIX D TO SUBPART P —ALUMINUM HYDRAULIC SHORING FOR TRENCHES (a) Scope. This appen 'x contains informa. non that can be used when aluminum hy- draulic shcring is provided as a method of protection against cave.ins in trenches that do not exceed 20 fee: (5 Im' :r: depth. This ap- pendix must be used when design of the alu- minum hydraulic protective system cannot be performed in accordance with 5 I925.552(c)(2) (b) Soil Class: fcarion. In order Co use data presented in this appendix, the soil type or types in which the excavation is made must I I.. H H Occupational Safety and Health Admin., labor Pt. 1926, Subpt. P. App. D I I I I I I H I L IIE I I first be determined using the soil classifica- tion method set forth in appendix A of sub- part P of par-, 1926. (c) Presentation of Information. Information is presented in several forms as follows. (1) Information. is presented in tabular form in Tables D-1.1. D --L2. D -I.3 and E -!A. Each table presents the maximum vertical and horizontal spacings that may be used with various aluminum member sizes and various hydraulic cylinder sizes. Each table contains data only for the particular soil type in which the excavation or portion of the excavation is made Tables D-1 I and D- 1.2 are for vertical shores in Types A and B soil. Tables D-1.3 and DI.4 are for horizontal wales systems in Types B and C soil. (2) Information concerning the basis of the tabular data and the limitations of the data is presented in paragraph (d) of this appen- dix. (3) Information explaining the use of the tabular data is presented in paragraph (e) of this appendx. (1) information illustrating the use of the tabula. data is presented in paragraph. () of this appendix. (5) Miscellaneous notazons (footnotes) re- garding Table D-1.1 through D -1.t 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 Modu- lus requirements in the D-1 Tables. Alu- minum material is 6061-T6 or material of equivalent strength and properties. (2) Hydraulic cylinders specifications. (i) 2 - inch cylinders shall be a minimum 2 -inch in. side diameter with a minimum safe working capacity of no less than 18.000 pounds axial compressive load at maximum extension.. Maximum extension is to include full range of cylinder extensions as recommended by product rnanufature. (ii) 3 -inch cylinders stii!I be a minimum 3. inch inside diameter with a safe working ca- pacity of not less than 30.DDO pounds axial compressive load at extensions as rec- ommended by product manufacturer. (3) L:mication of application. (i) it is not intended that the aluminum hydraulic specification apply to every situa- tion that may be experienced in the field. These data were developed to apply to the situations that are most commonly experi- enced in current trenching practice. Shoring systems for use in situations that are not covered by the data in this appendix must be otherwise designed as specified in 4 1926.552(c). (a) When any of the following conditions are present, the members specified in the Ta- bles are no: cnnsidered adequate. In this case, an alternative aluminum hydraulic shoring system or other type of protective system must be designed in accordance with 41926.632. (A) When vertical loads imposed on cross braces exceed a 15; 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 20.009 pounds. (C) When only the lower portion or a trench :s 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 o: the members are selected from the tables for use a: a depth which is determined from the top of the overall trench, and not from the toe of the sloped portion. (e) Use of Tables D-1.1. D-1.2. D-1.3 and D- 1.4. The members of the shoring system that are to be selected using thus information are the hydraulic cylinders and either the verti- cal shores or the horizontal wales. When a waler system is used the vertical umber• sheeting to be used is also selected from these tables. The Tables D-! I and D-1.2 for vertical shores are used in Type A and B soils that do not require sheeting. Type B soils that may require sheeting, and Type C soils that always require sheeting are found in the horizontal wale Tables D-1.3 and D-1.4. The soil type must first be determined in ac- cordance with the sot] classification. system described in appendix A to subpart P of part 1926 Using the appropriate table, the selec- tion of the size and spacing of the members is made The selection is based or the depth and width of the trench where the members are to be installed. In these tables the vertu cal spacing is held constant at four feet on center The tables show the maximum hori- zontal spacing of cylinders allowed for each size of wale in the waler system tables, and in the vertical shore tables, the hydraulic cylinder horizontal spacing is the same as the vertical shore spacing (f) Example to Illustrate the Use oldie Tables: Cl) Example I. A trench dug in Type A soil is 6 feet deep and 3 feet wide. From Table D-!.1' Find ver- tical shores and 2 inch diameter cylinders spaced 8 feet on center (o.c.) horizontally and 4 feet or. center (o.c.) vertically. (See Figures I & 3 for typical installations.) (2) Example 2'. A trench is dug in Type B soil that does not require sheeting. 13 feet deep and 5 feet wide. From Table D-1.2'. Find vertical shores and 2 inch diameter cylinders spaced 6.5 feet o.c. horizontally and 4 feet o.c. vertically. (See Figures I & 3 for typical installations.) (3) A trench is dug in Type B so!l that does no: require sheeting. but does experience some minor raveling of the trench face. The 399 trench is !6 feet deep and 9 feet wide. From Table D-!.2: Find vertical shores and 2 inch diameter cylinder (with special oversleeves as designated by footnote $B2) spaced 5.5 feet o.c. horizontally and 4 fee: o.c vertically. plywood (per footnote (g)(7) to the D-1 Table) should be used behind the shores. (See Fig- ures 2 & 3 for typical installations.) (4) Example 4'. A trench is dug in pre- viously disturbed Type B soil, with charac- teristtcs of a Type C soil, and will require sheeting. The trench is IS feet deep and 12 feet wide. 8 foot horizontal spacing between cylinders is desired for working space. From Table D-1.3. Find horizontal wale with a sec- tion modulus of 11.0 spaced at 4 feet o.c. ver- tically and 3 inch diameter cylinder spaced at 9 fee: maximum o.c. horizontally. 3x12 timber sheeting is required at close spacing vertically. (See Figure 4 for typical installa- tion.) (5) Example 5: A trench is dug in Type C soil. 9 fee: deep and 4 feet wide. Horizontal cylinder spacing in excess of 6 feet is desired for working space. From Table D-1.1: Find horizontal wale with a section modulus of 7,0 and 2 inch diameter cylinders spaced at 6.5 feet o.c. horizontally. Cr. find horizontal wale with a 11.0 section modulus and 3 inch diameter cylinder spaced at 10 feet o.c. hor•-- zontally. Both wales are spaced 4 feet o.c. vertically. 3x!2 timber sheeting is required at close spacing vertically. (See Figure 4 for typical installation.) (g) Footnotes, and genera! notes. for Tables D-1.1. D -l.?. D-1.3. and D-1.1. (1) For applications other than those listed in the tables, refer to S 1926.652(c)(2) for use of manufacturer's tabulated data. For -trench depths in excess of 20 feet refer to 61S25.652(c)(2) and S 1926.652(c)(3). (2) 2 inch diameter cylinders, at this width, shall have structural steel--- tube (3.5x3.5x0.1875) oversleeves. or structural oversleeves of manufacturer's specification, extending the full, collapsed length. (3) Hydraulic cylinders capacities. (i) 2 inch cylinders shall be a minimum 2 -inch in- side diameter with a safe working capacity of not less than 18.000 pounds axial compres- sive load at maximum extension. Maximum extension is to include full range of cylinder extensions as recommended by product man- ufacturer. (it) 3 -inch cylinders shall be a minimum 3 - inch inside diameter with a safe work capac- ity of not less rhan 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) Al'. spacing indicated is measured cen- ter to center. (5) Verticai sharing rails shall have a mini- mum section modulus of 0.40 inch. (6) Mien 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. 11 ply, arctic white birch (Finland form). Please note that plywood is not intended as a structural member, but only for prevention of local rav- eling (sloughing of the trench face) between shores. (S) See appendix C for timber specifica- tions. (9) Wales are calculated for simple span conditions. ;:0; See appendix D. item (d). for basis and ltmitacons of the data. I 1 1 1 1 Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P. App. D ALUMINUM HYDRAULIC SHORING TYPICAL INSTALLATIONS NO. 1 FIGURE / R YAMM. I FIGURE NO. 2 �•nM WLwd0 -.__qT TA- -c •I 1. M•MMn .wt,llSflrC [,[I lOrl •OCIf05'Sllt / SPAC: 16 .V r u1tCAL s•rcl.{{ A. MAX. M'�A 2' MAX. FIGURE NO. 3 •IMTCr Y1Yar ur.am Vt,, I@ACINC C• AAA, OM 2. MAX. YtMtlCAl Illl\ @f01AVt:C \ I CIt l M01I n::C+t Is:t f0u'JUC C.C110CI le••V. rn vM:M ftttl CAC ''AC INC C• MAXI 2MAX, FIGURE NO. 4 YYMYyp,yp YJ'SM ••s RY mw 10t:20@LIt CrACI SC TIIICAL @Alt 2' MAX. •!02AVL IC C f: l Mill V II TI 'At SPACING 401 ur1: Cl1 in 1111[ Pt. 1926, Subpt. P. App. D C z O ?Cc c<v,� c r u v z. ..i 29 CFR Ch. XVII (7-1-98 Edition) C. = ` N r U u: c0 Z< m Q O I p. L LL z °- = N T ry u: - u y '' > t ry < 0 p a C C 3 m s z hi Z C < I ry r u u < _ X y < •-• <ICc L z ZZ r S O U F z 0 z O > s O O ry - _ O —4 _ O >— Q q ry O > O O 402 L. z Z I L L L Occupational Safety and Health Admin., labor Pt. 1926, Subpt. P, App. D L L L L H H I I L L a ry _ U zU ?� WI- C 6 I- U Z N — r UJ F� C > O ? 2 N ≤ CZ 3 Z 0 O CE 4< U U < o - s U < < v i ~ I- 0 7 < U Z { w r v r <-< T G. c I (J z O z 0 C o O 7 f{L > G. >A. O h C >- O L ON C > 403 a ee 0 U U I 1 1 1 Pl. 1926, Subpt. P. App. 0 29 CER Ch. XVII (7-1-98 Edition) ' r I I U C n h N I ' S w C � N i' E o7 = - i ay I 1 — F 0 WK zi z z z zl z z z z S m C n n r. n n .� n n u < J C - ,'1zo o c OOO vt of o L L. < m P V^ N m O Vl d P 'I, .C.. > z c. r a W O• o s.E u V z- N C ry "N.' _- N V D ' Z C. Z Z'.. Z.. ZZ ZF` Z - o ,f F F knl y. Y F rvpNO n NU dZ nrvp n n r O U u J 6E Z Z Z a U a' ^ U �+�•, L <5 I- u a Z c o O O o I C h c O < p T c< Y F cc o N as c < e c ; c LQ, Z Z Z Z Z 2 Z _ u F< m N N n n N 1 n ry n l n ' z3LL c Jo I - f NZ " R = a L O O O O O O r O O F Li [m O m p N a m C in e P O O 1 W O ^ . l L O. z n O O n O O h r p ` .. _ n r v n r —• n r - o �. Vl n O w HF �+mec� c c 1 c 3 ui r EE F L i v v a O G < u _.c c c c 04) o < < fS U F C C c C O = u u • LL z {J _O M. F N L` r. F O 6' O �/: v: F c u�.O O D ry pQ>"C_ > •• .. �: ` 1 8ocU 1 1 ' 404 Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. D N i C I Y ' I = N o o 2 ry N N T IYY • 7 a Z z z Z. z • Z u - Z Zz F. F T T T' - T en- T T r- I >. - (JO N _ L C V+ O O vfl C v 00 wr ' Y L 1 " u O u fV l " H rvl N• ppkr ZZ�, Z ZZk z L F _ _ _ F. i ry �ffV C T V O T "" IT T ZI Z Zi c 5 J r U O l O C Y V' J v v S t^ I r. •G oI,- F C I N - Z ... , i v Z Z Z Z Z Z Z Z Z J n ry en ry T en n f. T O H UC U L C = y= o v. O O v i C v a a LJ C �. C O C Vl m C N Z N zo OG Z N C O I#7 CI O vil O O V - T v F. O T ry N C Y � r o a c z a o ry Ct U: Y O C r 0 = 0 = C 405 Pt. 1926, Subpt. P. App. E 29 CIR Ch. XVII (7-1-98 Edition) AP'END!X E TO S'JBPARl P—ALT-ERNSIVES TC TIMBER SHORING Figure 1. Alu=inurn Hydraulic Shoring 1 I I I I I 18" F YE RI SPAC 4' MA 'RT ICAL RAIL YDRAULIC CYLINDER Figure 2. Pneumatic/hydraulic Shoring 406 0 0 0 0 H I Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P. App. E Figure 3. Trench Jacks (Screw Jacks) I I I I ' Figure 4. Trench Shields I I I I I I I 407 I 1 1 1 1 1 1 1 I.. 1 1 1 1 Ti Pt, 1926, Subpt. P. App. F 29 CFR Ch. XVII (7-1-98 Edition) APPENDIX F TO SUBPART P —SELECTION OF PROTECTIVE SYSTEMS The following figures are a graphic summary of the requirements contained in subpart P for excavations 20 feet or less in dept:. Protective systems for use in excavations more than 20 feet in depth must be designed by a registered profes- sional engineer in accordance with 41926.652 (b) and (c). Is the excavation more than 5 feet in depth? Is there potential for cave-in? Excavation may. be made with vertical sides. Excavacior, must be sloped, shored, or shielded. Is the excavation entirely in stable rock? slopings:oping 9.'.orine or shielding selected, selected. Co to Figure 2 Co to Figure 3 1 FIGURE 1 - PRELTX'INARY DECISIONS 408 I 1 1 1 Occupational Safety and Health Admin.. Labor Excavation. trust comply with. one of the following three options: Option 1: 51926.652 (b)(2) which requires Appendices A and 3 to be followed Option 2: 1926.652 (S)(3) which requires other tabulated data (see definition) to be followed. Option. 3: 5:926.552 (b)(4) wt'ich requires the excavation to be designed by a registered professional engineer. Sloping selected as the method of protection will soi: classification be wade it accordance with 11926.652 (b)? 409 Pt. 1926. Subpt, P. App. F Excavations must cocply with51926.652 (b) (1) which requires a slope of 1RH:IV (340). FICJRE 2 — SLOPING OPTIONS Pt. 1926, Subpt. P. App. F 29 CFR Ch. XVII (7-1-98 Edition) Shoring or shielding selected as the method of protection. Soil classification is recuired when shoring or shielding is used. The excavation. must comply with one of the following four ^pcioas: Option 51925.652 (c)(1) which requires Appendices A and C to be followed (e.g. timber shoring). Option 2 $1926.652 (c)(2) which requires manufacturers data to be followed (e.g. hydraulic shoring,trench jacks, air shores, shields). Option 3 $1926.652 (c)(3) vhicb requires tabulated data (see definition) to be followed (e.g. any system as per the tabulated data). Option t 51926.652 (c)(4) which requires the excavation to be designed by a registered professional engineer (e.g. any designed system). FIGURE 3 - SNORING AND SR:ELD:NC OPTIONS 410 I SECTION P-1 - AGGREGATE BASE COURSE ' DESCRIPTION PI PI=1.1 This section covers all work in connection with the construction of aggregate base course in accordance with the lines, grades, thicknesses, and typical sections as shown in the Plans or directed by the Engineer. Material shall be Class 7 unless otherwise specified in the Plans. STANDARDS Pl=2.1 Material and work (including testing) for aggregate base course shall be in accordance with ' SECTION 303 - AGGREGATE BASE COURSE, of the Standard Specifications for Class 7, except as modified or augmented herein. CONSTRUCTION METHODS P1-3.1 Tests: Material will be acceptable from quarries or crushing plants which currently are, or ' recently have been, supplying material meeting the Standard Specifications for Aggregate Base Course. In -place density shall be determined by AASHTO T 238 of not less than 100% of maximum density determined in the laboratory by AASHTO T180. P1-3.2 Maintenance: The Contractor shall maintain the base course until and during the construction of the subsequent base or surface course. Defects that develop in the base course shall be ' repaired by the Contractor at the Contractor's expense. METHOD OF MEASUREMENT Aggregate Base Course will be measured by the ton of two thousand (2,000) pounds, as determined by weighing on accurate, approved scales as described in Article 109.01(f), Standard Specifications. Each ' truck shall bear a plainly legible identification number and, upon being weighed, shall be given two (2) copies of a delivery ticket which will have on it the number of the truck, time of departure, truck weight, combined weight, and project name. The Engineer shall receive a copy of each delivery ticket for the computation of pay quantities. Aggregate base course used in the construction of other items which are ' measured separately shall not be measured in this item. BASIS OF PAYMENT ' Aggregate Base Course, acceptably completed and measured as provided above, will be paid for at the contract unit price per ton for "AGGREGATE BASE COURSE FOR ROADWAY ' IMPROVEMENTS" for the class specified, which price shall be full compensation for furnishing the material; for hauling, placing, spreading, and compacting; and for all equipment, tools, labor, and incidentals necessary to complete the work. Payment for " AGGREGATE BASE COURSE FOR ROADWAY IMPROVEMENTS " will be made in proportion to amount of work completed to date in accordance with the following payment schedule: 1 Old Missouri Road Improvements PI -I 016050 I I PAYMENT SCHEDULE Partial Estimates (1) Aggregate Base Tons of Base Course Dumped and Course Dumped Spread and Spread to date x 50% , (2) Aggregate Base Tons of Base Course Compacted Course Compacted to date x 50% Payment for "AGGREGATE BASE COURSE FOR SANITARY SEWER IMPROVEMENTS" acceptably completed and measured as provided above, will be paid for the contract unit per ton for "AGGREGATE BASE COURSE FOR SANITARY SEWER IMPROVEMENTS" for the class specified which shall be full compensation for furnishing the materials; for hauling, placing, spreading, and compacting; and for all equipment, tools, labor, and incidentals necessary to complete the work. Payment will be made under: Item P1 -5.1a Aggregate Base Course for Roadway Improvements (Class 7) - per ton Item P1-5. lb Aggregate Base Course for Sanitary Sewer Backfill (Class 7) - per ton END OF SECTION P-1 11 I I I I 1 Old Missouri Road Improvements P1-2 016050 ,.I I J I II 1 I I II II I1 I LJ L H1 II SECTION P-2 - PRIME AND TACK COATS DESCRIPTION P2-l.I This item shall consist of a single application of bituminous material and blotter material if required, applied on the completed and approved base course, on the subgrade, and/or on the existing bituminous or concrete surface in accordance with these specifications and in reasonably close conformity with the lines shown on the Plans or as directed by the Engineer. STANDARDS P2 P22.1 Work under this section shall be in accordance with the portions of SECTION 401 - PRIME AND TACK COATS, Standard Specifications that concern prime coats and tack coats, except as modified or augmented herein. MATERIALS P2-3.1 Materials shall conform to the requirements provided under Section 403 of the Standard Specifications. Unless approved otherwise by the Engineer, a medium curing cutback asphalt or an asphalt penetrating prime will be used for prime coat and a rapid curing cut back or emulsified asphalt will be used for tack coat. Dependent upon the texture of the base and the season of the year the work is being performed, the Engineer will select the particular grade of the type of bituminous material that will be used. MEASUREMENT AND PAYMENT P2-4.1 Prime and tack coats will not be measured for separate payment but will be considered subsidiary to the ACHM Surface, Binder, or Stabilized Base Courses, as applicable. END OF SECTION P-2 Old Missouri Road Improvements P2-1 Lu 016050 I ' SECTION P-3 - ASPHALT SURFACE AND BINDER COURSE (MARSHALL MIX) ' DESCRIPTION P3-1.1 This section covers construction of the Asphalt Concrete Hot Mix Surface Course and ' Asphalt Concrete Hot Mix Binder Courses in accordance with the lines, grades, thicknesses, and typical sections shown in the Plans, or as directed by the Engineer. STANDARDS P3-2.1 BINDER COURSE Materials, equipment, and construction methods for Asphalt Concrete Hot Mix Binder Course shall be in accordance with SECTIONS 406, 409, and 410 of the AHTD Standard Specifications (as published prior to the SuperPave Supplement) for Type 2, except as modified or augmented herein. The asphalt binder shall be AC -30, or approved equal. P3-2.2 SURFACE COURSE Materials, equipment, and construction methods for Asphalt Concrete Hot Mix Surface Course shall be in accordance with SECTIONS 407, 409, AND 410 of the AHTD Standard Specifications (as published prior to the SuperPave Supplement) for Type 2, except as modified or augmented herein. The asphalt binder shall be AC -30, or approved equal. CONSTRUCTION METHODS P3-3.1 The Design of Asphalt Mixtures and the Contractor's Quality Control sampling and testing of the asphalt mixtures shall be in accordance with SECTION 404 of the AHTD Standard Specifications (as published prior to the SuperPave Supplement), except as modified herein. P3-3.2 AHTD Standard Specification Modifications and Augmentations: a. SECTION 410.09(a) General: Change the standard lot size for acceptance and adjustment to 1,000 tons or one day's production, whichever is less, or as determined by the Engineer. b. SECTION 410.09(a) General: Samples for all properties except density, thickness, and the investigation of segregation shall be obtained from trucks at the plant. Add a requirement that testing agency shall clearly mark the load ticket of each sampled truck to indicate that the load has been sampled. c. SECTION 410.09(b)(2) Pavement Smoothness: Add that the Contractor shall provide the straight -edge. d. TABLE 410-I: Table 410-1 is amended to include thickness tolerances as shown at the end of this section. When lots and sublot divisions for initial and final courses do not coincide, the Contractor may be required to take additional samples (full -depth) at his expense at locations agreed upon by the Engineer to potentially avoid penalties or rejection of his work. J II I Li e. SECTION 410.09(d) Adjustments: (6) For thickness of each lift or layer, the contract price shall be reduced by 10% if the thickness is outside the Compliance Limits but within the Price Reduction Limits. For overall thickness, the contract price shall be reduced by an additional 10% if the thickness is outside the Compliance Limits but within the Price Reduction Limits. Old Missouri Road Improvements P3-1 016050 it f. SECTION 410.10 Incentives: Delete entirely. METHOD OF MEASUREMENT 3-4.1 Asphalt Concrete Hot Mix Surface and Binder Courses will be measured by the ton (2,000 pounds) of each mixture used in the accepted work. Recorded batch weights or truck scale weights will be used to determine the basis for the tonnage. Load tickets shall be provided as directed by the Engineer. Measurements shall include only the actual amounts placed within the lines shown on the Plans, or as directed by the Engineer. BASIS OF PAYMENT 3-5.1 Asphalt Concrete Hot Mix Surface and Binder Course, acceptably completed, and measured as provided above, will be paid for at the contract unit prices per ton bid for "ACHM SURFACE COURSE" and "ACHM BINDER COURSE," which prices shall be full compensation for furnishing, placing and compacting all materials; and for all equipment, tools, labor, and incidentals necessary to complete the work. Payment will be made under: Item P3-5.1 a ACHM Surface Course — per ton Item P3-5. lb ACHM Binder Course — per ton Table 410-1 (amended) Property Compliance Limits Price Reduction Limits Lot Rejection Limits Sublot Rejection Limits Asphalt Binder Content +1- 0.3 from mix design more than+/-0.3,to+/- 0.6 more than +1-0,6 from mix +1- 0.8 from mix design value from mix design value design value value Marshall Stability minimum specification more than 0, to 225 lbs. more than 225 lbs. below more than 25% below min. limit below min. spec. lim, mitt spec. lim. sec. lim. Air Voids (AV) +/- 1.0 from mix design more than +/- 1.0, to +/- 1.5 more than +/- 1.5 from mix more than +/- 2.0 from mix value from mix design value design value design value Voids in Mineral +1-1.0 from mix design more than +/- 1.0, to +/- 2.0 more than +/- 2.0 from mix more than 1.5 below Aggregate (VMA) value AND not less than from mix design value design OR less than min. minimum spec. min. spec. sec. Density (% of theoretical 92.0% to 96.0% more than 0%, to +/- 1.0% more than +/- 1.0% from more than +/- 2.0 from max) from compliance limits compliance limits compliance limits Thickness (variation from specified) Total Binder or Surface +/- 1/4 inch more than +/- 1/4 inch, to greater than +/- 3/8 inch greater than +/- 3/8 inch Total Pavemen +/- 1/4 inch more than +%- 1/4 inch, to greater than +/- 3/8 inch greater than +/- 3/8 inch Old Missouri Road Improvements END OF SECTION P-3 P3-2 016050 I I I I I I I u Il I LI 11 I II 11 I IJ I ' SECTION P-5 DRIVEWAYS, DRIVEWAY EXTENSIONS, AND APRONS DESCRIPTION P5 P5I.1 This section covers the construction of driveways, driveway extensions, and aprons to the lines and grades shown on the Plans or as directed by the Engineer. ' MATERIALS P5 P52.1 The construction material of driveway extensions shall generally conform to the material of I the existing driveways. The beginning portion of the driveway shall be of Portland Cement Concrete Pavement as shown in the Plans. P5 P52.2 Materials for concrete driveways, driveway extensions, and aprons shall be in accordance with SECTION 505 - PORTLAND CEMENT CONCRETE DRIVEWAY of the Standard Specifications. P5 P52.3 Materials for asphalt driveway extensions shall be in accordance with applicable portions of SECTION P -I, AGGREGATE BASE COURSE; SECTION P-2 - PRIME COAT AND TACK COAT; and SECTION P-3 - ACHM SURFACE AND BINDER COURSES of these specifications. P5-2.4 Materials for gravel driveways shall be in accordance with SECTION P1 - AGGREGATE BASE COURSE. P5 P5=2.5 Earthwork materials for gravel driveways shall conform to SECTION E-2 - EXCAVATION AND EMBANKMENT. ' CONSTRUCTION METHODS PS_3.1 The construction of driveways shall be in accordance with the details in the Plans and the applicable sections of these Specifications for the type of construction material specified. Sections of these specifications considered applicable are as follows: SECTION E-2 - EXCAVATION AND EMBANKMENT SECTION P -I - AGGREGATE BASE COURSE SECTION P-3 - ACHM SURFACE, BINDER, AND STABILIZED BASE COURSES METHOD OF MEASUREMENT 1 P5-4.1 Concrete driveways, driveway extensions, and aprons will be measured by the square yard. Curb and gutter extending across the front of the driveway will not to be included. P5-4.2 Asphalt driveway extensions shall be measured for payment in accordance with the provisions in SECTIONS P-1, AGGREGATE BASE COURSE and SECTION P-3 - ACHM SURFACE AND BINDER COURSES. ' P5 P5-4.3 Gravel driveway extensions shall be measured for payment in accordance with the provisions in SECTION PI - AGGREGATE BASE COURSE. I Old Missouri Road Improvements P5-1 016050 BASIS OF PAYMENT P5 P55.1 Concrete driveways, driveway extensions, and aprons acceptably completed and measured as provided above will be paid for at the contract unit price per square yard bid for Concrete Driveways, which price shall be full compensation for furnishing all materials, including the base materials as detailed in the Plans and including reinforcing steel that might be required; for preparation of the subgrade and base materials; for joints required by the Plans; and for all equipment, tools, labor, and incidentals necessary to complete the work. Payment will be made under Item P5-5.1 Concrete Driveways - per square yard END OF SECTION P-5 Old Missouri Road Improvements P5-2 016050 I SECTION 1-1 - MAINTENANCE OF TRAFFIC DESCRIPTION 1111=1.1 This item shall include the erection of signs, barricades, temporary markings, and the maintenance of, or noninterference with, traffic in accordance with details shown on the Plans and with these Specifications, or as directed by the Engineer. 11-1.2 This item shall also include the temporary relocation of traffic and street signs, the maintenance of the temporarily relocated signs through the construction of the project, and the permanent relocation of any sign relocated due to construction signage after the construction is complete. Permanent relocation of any salvaged signs shall consist of furnishing new sign post, new support hardware, and new concrete bases, where required, in accordance with the dimensions and details shown in the Plans and at the locations shown in the Plans, or as directed by the Engineer. New sign post shall comply with the Standard Specifications and AHTD Standard Drawings. STANDARDS 11-2.1 Maintenance of traffic as described above shall be accomplished in accordance with the applicable portions of SECTION 603, TRAFFIC CONTROL THROUGH CONSTRUCTION ZONES, Standard Specifications, except as modified or augmented herein. 11-2.2 Traffic control devices shall be in accordance with SECTON 604 - TRAFFIC CONTROL DEVICES IN CONSTRUCTION ZONES of the Standard Specifications, except as modified or augmented herein. CONSTRUCTION METHODS I The Contractor shall implement and maintain all maintenance of traffic devices as shown on the Plans or submit his own Plan to the Owner and Engineer for review and approval. Upon approval by the Owner in writing, the Contractor shall supply the Fire Chief and the Police Chief one (1) copy each for their files. Two (2) copies shall be supplied to the Engineer. The Contractor shall initiate and maintain all necessary labor and materials necessary to construct the project in a manner which will guarantee public safety with a minimum of inconvenience. Additional work shall be performed by the Contractor during construction as directed by the Owner or Engineer if necessary to insure the above standards. 11-3.2 Contractor Personnel: The Contractor shall designate a traffic control supervisor to furnish continuous surveillance over traffic control operations. This supervisor shall be available at night and weekends to respond to calls involving traffic control. The name of the traffic control supervisor shall be provided at the preconstruction conference and to local police. The Contractor's personnel who are used to maintain traffic flow, such as flagmen or any other person who verbally communicates with or gives directions to the motorized public, shall speak English fluently. U Old Missouri Road Improvements 11-1 016050 I 1111=3.3 Driveways: Maintenance of driveways shall be as approved by the Engineer. It shall be the Contractor's responsibility to maintain adequate access to private and commercial property at all times, except as required for construction across the driveway as approved by the Engineer. During the construction of driveways or at any time that a property owner cannot use his driveway, the Contractor shall notify the property owner (one week in advance, minimum) when the driveway will be closed and the approximate length of time that it will be closed. The intent of this section of the Specifications is to II cause as little inconvenience as possible to private property owners. I1-3.4 Relocation and Replacement of Traffic Signs and Pavement Striping: During the construction of the project, the temporary relocation of street signs and traffic control signs will be performed by the Contractor. The Contractor shall maintain the signs at highly visible locations as near as practicable to the original locations. The latest edition of the Manual of Uniform Traffic Control Devices published by the Federal Highway Administration shall be used as a guide to the placement of signs during construction. Immediately after the construction of any part of the project reaches a stage of completion such that the relocation of the street signs and traffic control signs is no longer necessary, the Contractor shall permanently relocate the street signs and traffic control signs. Removing any construction signage must be approved by the Engineer. Street signs and traffic control signs shall be removed from such area of work as necessary to permit work on the project. Each sign shall be temporarily relocated in a secure manner by driving the sign into the ground with equipment approved by the Engineer, or otherwise installed as approved to prevent damage to underground utilities. Street signs no longer necessary shall be salvaged in good condition and restored to their original use or returned to the Owner if no longer needed. Existing striping shall be removed and new temporary stripes and other pavement markings shall be provided by the Contractor. Work shall be performed in accordance with SECTION 720 (for Type 4) - PERMANENT PAVEMENT MARKING TAPE of the Standard Specifications. Pavement markings not necessary to the phased construction patterns shall be removed or obliterated with black paint, as approved by the Engineer. Striping shall be maintained and restored as necessary during construction. I1I1=3.5 Suspension of Work: If the Owner or the Engineer determines that provisions for safe traffic control are not being provided or maintained, the work will be suspended. In cases of serious or willful disregard for safety of the public or construction workers, the Owner will place the traffic control devices in proper condition and deduct the costs from monies due the Contractor. 11-3.6 Construction Sequence: The Plans show the Construction Phases. Phase Al is shown to be executed first. However, the City may require the Contractor to Construct Phase B first. METHOD OF MEASUREMENT 1111-4.1 Maintenance of Traffic will be measured as a complete item. 1■ BASIS OF PAYMENT 11 115.1 Work performed under this section, acceptably completed as provided above, will be paid for at the control lump sum bid price for "MAINTENANCE OF TRAFFIC", which price shall be full Old Missouri Road Improvements 11-2 016050 S I M I Ii I. I compensation for this item. Periodic payments will be made under this item in proportion to the amount of work accomplished, as determined by the Engineer. Payment will be made under: Item 11-5.1 - Maintenance of Traffic — per lump sum END OF SECTION I-1 Old Missouri Road Improvements 11-3 016050 I ' SECTION 1-2 — CONCRETE DITCH PAVING IDESCRIPTION 12-1.1 This item shall consist of the construction of concrete ditch paving, according to these �, Specifications and in conformity with the locations, lines, and grades shown on the Plans, or as directed by the Engineer. ' STANDARDS 1212=2.1 Material and work for this section shall be in accordance with SECTION 605 - CONCRETE DITCH PAVING of the Standard Specifications, unless modified or augmented herein. METHOD OF MEASUREMENT 12-3.1 Concrete Ditch Paving constructed within the limits shown on the Plans or as directed will be measured by the square yard of exposed surface. BASIS OF PAYMENT 12-4,1 Work completed and accepted and measured as provided above will be paid for at the contract unit price bid per square yard for "Concrete Ditch Paving" of the type specified, which price shall be full compensation for furnishing materials, including joint filler; for constructing the concrete ditch paving; for excavation and backfilling; and for all labor, equipment, tools, and incidentals necessary to complete the work. Payment will be made under: Item 124.1 Concrete Ditch Paving — per square yard END OF SECTION 1-2 V 11 I I 11 I Old Missouri Road Improvements 12-1 016050 I fl SECTION 1-3 - PIPE CULVERTS IDESCRIPTION 13-1.1 This section covers reinforced concrete pipe and flared end sections constructed at the locations shown on the Plans or as directed by the Engineer. ' STANDARDS 13-2.1 Materials and work shall be in accordance with SECTION 606 - PIPE CULVERTS of the Standard Specifications, except as modified or augmented herein. �1 MATERIALS 13-3.1 Concrete pipes shall be of the bell and spigot or tongue and groove type, as approved by the Engineer, and shall conform to the specifications of ASTM Designation C 76 (for circular pipe) and C 506 (for arch pipe), latest editions, for the sizes and classes of pipes shown on the Plans and listed in the Unit Price Schedule. The class of pipe and date of manufacture shall be marked on each joint of pipe. Pipe shall be at least ten (10) days old before it is delivered to the project 13133.2 Flared end sections shall be reinforced concrete conforming to the requirements of ASTM C 76. I. 13-3.3 Jointing material for reinforced concrete pipe shall be rubber gaskets conforming to the requirements of ASTM C 443. The use of other rubber compression -type joints shall be approved by the Engineer. CONSTRUCTION METHODS 131 Trenching and Backfill: Trenching and backfill shall be in accordance with applicable ' requirements of SECTION 606 - PIPE CULVERTS of the Standard Specifications and SECTION E-3 - UNCLASSIFIED EXCAVATION FOR STRUCTURES, SECTION 1-8 - PAVEMENT REPAIRS, and SECTION EA - TRENCH AND EXCAVATION SAFETY SYSTEMS of these specifications, except as modified or augmented herein. Where unsuitable material is encountered, excavation shall continue until a firm material is reached and the over -excavation filled to grade with a special bedding material in accordance with the provisions of SECTION MA - PIPE EMBEDMENT. 13-4.2 Installation of Pine: The installation of pipe shall be in accordance with SECTION 606 - PIPE CULVERTS of the Standard Specifications, except as modified or augmented herein. The pipe ends where jointing occurs shall be cleaned and maintained clean. The joint shall be constructed as recommended by the manufacturer of the pipe. Each section of pipe shall be examined carefully before being laid, and the defective or damaged sections shall not be used. Pipelines shall be laid to the grades and alignment indicated, or as directed by the Engineer. Pipe laying shall proceed upgrade. The "bell" ends of concrete pipe shall point upgrade. Proper facilities shall be provided for lowering sections of pipe into trenches. Under no circumstances shall pipe be laid in water, and no pipe shall be laid when trench conditions or weather are unsuitable for such Old Missouri Road Improvements 13-1 016050 I work. Full responsibility for the diversion of drainage and for dewatering of trenches during construction shall be borne by the Contractor. All pipe in place shall be approved by the Engineer before being backfilled. In all backfilling operations, the Contractor shall be responsible for preventing damage to or misalignment of the pipe. Pipe embedment if required shall be furnished, placed, and shaped as described in SECTION M-4 - PIPE EMBEDMENT. METHOD OF MEASUREMENT 13-5.1 Pipe culverts will be measured by the linear foot in place, completed and accepted. Length shall not be measured through inlets, junction boxes, or other drainage structures. Separate measurements will be made by the sizes and classes shown on the Plans and listed in the Unit Price Schedule. Measurements will be taken to the nearest linear foot. 13-5.2 Flared end sections will be measured by the unit (each) and will include the curtain wall, complete in place. 13-5.3 Excavation and backfill will not be measured separately, but will be considered subsidiary to constructing the pipe. I3 I3=5.4 Special bedding material, used at the direction of the Engineer, will be measured and paid for as specified in SECTION M-4 - PIPE EMBEDMENT. BASIS OF PAYMENT 13-6.1 Pipe culverts acceptably completed and measured as provided above will be paid for at the contract unit price per linear foot bid respectively for "REINFORCED CONCRETE PIPE," of the sizes and classes shown on the Plans and listed in the Unit Price Schedule; which prices, in each case, shall be full compensation for furnishing all materials, except special bedding material; for all trenching, backfilling, and compacting; and for all equipment, tools, labor, and incidentals necessary to complete the work I3 I3=6.2 Flared end sections acceptably completed and measured as provided above will be paid for at the contract unit price per each bid respectively for "FLARED END SECTION," of the sizes shown on the Plans and listed in the Unit Price Schedule; which prices, in each case, shall be full compensation for furnishing all materials, except special bedding material; for all excavation, backfilling, and compacting; and for all equipment, tools, labor, and incidentals necessary to complete the work. Old Missouri Road Improvements 13-2 016050 I I I 1 1 I I a I 1 I iI Payment will be made under: Item 13-6.1a 18" Reinforced Concrete Pipe, Class III - per linear foot Item I3 -6.1b 24" Reinforced Concrete Pipe, Class III - per linear foot Item I3-6.Ic 48" Reinforced Concrete Pipe, Class III - per linear foot Item 13-6.1 d 24" x 38" Elliptical Reinforced Concrete Pipe, Class Ill - per linear foot Item 13-6.1 e 18" Reinforced Concrete Flared End Section - per each Item 13-6.1 f 48" Reinforced Concrete Flared End Section - per each Item 13-6.Ig 24" Reinforced Concrete Flared End Section - per each Item 13-6.1h 24" x 38" Elliptical Reinforced Concrete Flared End Section - per each END OF SECTION 1-3 friOld Missouri Road Improvements 13-3 016050 L1 1 I-4 - PRECAST REINFORCED CONCRETE BOX CULVERTS IDESCRIPTION 14=1.1 This it' /covers the famishing and installation of precast reinforced concrete box culverts (RCBCs) in accordance with the lines and grades and for the sizes and locations as shown in the Plans. 14-1.2 Where cast -in -place RCBCs are indicated in the Plans, the Contractor may utilize a precast RCBC instead, subject to the additional requirements of these specifications and written approval from the Engineer. STANDARDS 14=2.1 Materials, manufacturing, and construction requirements shall be in accordance with SECTION 607 - PRECAST REINFORCED CONCRETE BOX CULVERTS of the Standard Specifications, except as modified or augmented herein. 14-2.2 All boxes shall be in accordance with AASHTO M273. The culverts shall be capable of supporting HS -20 live loading in addition to the dead load of the pavement section. CONSTRUCTION METHODS 14-3.1 Box culvert construction and typical section shall conform to the details and dimensions as shown in the Plans. Deviations from these details and dimensions shall be approved in writing by the IEngineer. • 1414=3.2 Design of all precast reinforced concrete structures must be stamped by a Professional Engineer Licensed in the State of Arkansas, and shall generally conform to the details in the Plans for the • cast -in -place structures, if shown. Prior to installation, the Contractor must submit the stamped design of all precast structures to the Engineer for written approval. The Engineer's approval will not relieve the Contractor of any responsibilities for liability or other responsibilities set forth in these specifications. 14-3.3 The Contractor shall coordinate with the precast box culvert supplier for box culvert sections adjacent to cast -in -place wing walls, headwalls, or other structures. Connection details, stamped by a Professional Engineer Licensed in the State of Arkansas, shall be submitted for approval by the Engineer. I4-3.4 All joints shall be filled with an approved non -shrink grout. 14-3.5 Cutting, grouting, and connection of existing pipe culverts shall not be measured for separate payment, but shall be considered subsidiary work pertaining to "Precast Reinforced Concrete Box Calvert." 14-3 No additional compensation will be considered due to the Contractor for any conflicts, on -site changes, materials, or labor that may arise from the Contractor's choice to install a precast structure. 14-3.7 All precast RCBCs must be constructed on 6 inches of Class 7 Aggregate Base Course ' compacted to 95% of the maximum density as determined in accordance with AASHTO T-180 and extending 6 inches beyond the outside wall. Base course will not be measured for separate payment but will be subsidiary to the box culvert. I' +j Old Missouri Road Improvements 14-1 016050 I 14-3.8 The Contractor shall coordinate with the pre -cast box culvert supplier for box culvert sections adjacent to cast -in -place wing walls. These sections shall have a smooth even surface or (face) and have #4 bars on 8 -inch centers extruding from the pre -cast box a minimum of 12 -inches. These bars are for the formation of the wing walls. METHOD OF MEASUREMENT 14-4.1 Precast reinforced concrete box culverts will be measured by the linear foot installed, 1 completed and accepted. BASIS OF PAYMENT 14-5.1 Work completed and accepted and measured as provided above will be paid for at the unit price bid per linear foot for "Precast Reinforced Concrete Box Culvert", for each type or size as listed in this specification and the unit price schedule, which price shall be full compensation for all materials furnished and placed, and for all labor, tools, equipment and incidentals necessary to complete the work. Payment will be made under: I' Item I4-5.1 a 5'x3' Precast Reinforced Concrete Box Culvert - per linear foot Item 14-5. lb 6'x3' Precast Reinforced Concrete Box Culvert - per linear foot Item 14-5. lb 8'x5' Precast Reinforced Concrete Box Culvert - per linear foot END OF SECTION I-4 I I Old Missouri Road Improvements 14-2 016050 U I. SECTION 1-5 - DROP INLETS AND JUNCTION BOXES DESCRIPTION 1515=1.1 This section covers all work in connection with the construction of the various types and sizes of inlets and junction boxes in accordance with the locations and details shown on the Plans and with these Specifications. STANDARDS 15-2.1 All work under this section shall be done in accordance with SECTION 609 - DROP INLETS AND JUNCTION BOXES, Standard Specifications, except as modified or augmented herein. MATERIALS 15-3.1 Cement, aggregate, water, additives, and reinforcing steel shall conform to the requirements for materials as provided in SECTION S-1 — STRUCTURAL CONCRETE of these specifications. 15-3.2 Materials other than those described above shall be in conformity with paragraph 609.02 - Materials of the Standard Specifications. CONSTRUCTION METHODS ' 15-4.1 Forms, concrete, and reinforcing steel shall be in accordance with applicable requirements of SECTION S-1 — STRUCTURAL CONCRETE and with additional stipulations as follows: a. Inside wall forms shall be removed prior to the erection of forms for top slabs. The supports for top slab forms shall be positioned in such a manner that will result in a minimum of interference with the free flow of water. b. Manhole rings and covers shall conform to the details in the Plans and to applicable portions of SECTION 609 - DROP INLETS AND JUNCTION BOXES, Standard Specifications. METHOD OF MEASUREMENT 15-5.1 Completed and accepted inlets and junction boxes will be measured by the completed structure. BASIS OF PAYMENT 15-6.1 Work completed and accepted under this section and measured as provided above will be paid t for at the Contract Unit Price bid for each for the items listed below, which price shall be full compensation for constructing the item; for all excavation and backfill; and for all materials, equipment, tools, labor and incidentals necessary to complete the work. ' Payment will be made under: I Old Missouri Road Improvements 15-1 016050 I Item P5-6.1 a 4' Curb Inlet - per each Item P5-6.lb 5' Curb Inlet - per each Item P5-6.lc 4' Extension - per each Item P5-6.ld 8' Extension - per each END OF SECTION I-5 11 I I I I Old Missouri Road Improvements I5-2 016050 SECTION 1-6 - MANHOLES, DROP INLETS, AND JUNCTION BOXES ADJUSTED TO GRADE DESCRIPTION 1616=I.1 This item shall consist of the adjustment of manhole rings and covers, drop inlets, and junction boxes to the finished grade as shown in the Plans. ' STANDARDS 16-2.1 This work shall be accomplished in accordance with SECTION 610 - MANHOLES, DROP ' INLETS, AND JUNCTION BOXES ADJUSTED TO GRADE, of the Standard Specifications, except as modified or augmented herein. MCONSTRUCTION METHODS 16-3.1 In no case shall the Contractor construct pavement over manhole or drainage structure covers ' nor fail to adjust the top of the cover flush with the finished grade, whether or not the adjustment is called for on the Plans. Some utility companies may perform their own work. The Contractor shall coordinate such adjustments with his work schedule and the appropriate utility owner. 16-3.2 Existing inlets and junction boxes shown on the Plans that are to have the top slab replaced to match the new curb and gutter or otherwise rebuilt shall be constructed in accordance with this specification and the details in the Plans. The new portion of the inlet shall be adequately tied to the ' existing structure as shown in the Plans or as determined by the Engineer. METHOD OF MEASUREMENT ' 163.1 Adjustment of manhole rings and covers, drop inlets, and junction boxes will be measured per each. BASIS OF PAYMENT ' 16-5.1 Payment for adjustment of manhole rings and covers, drop inlets, and junction boxes will be made at the contract unit price hid for each for the items listed below and in the unit price schedule, which price shall be full compensation for furnishing all materials, and for all equipment, tools, labor and incidentals necessary to complete this work. Payment will be made under: Item 16-5.1a Adjust Manhole to Grade — per each END OF SECTION 1-6 El E Old Missouri Road Improvements 16-1 016050 I ISECTION 1-8 - PAVEMENT REPAIRS DESCRIPTION 18-1.1 This section covers the repairs of streets for storm drainage culverts, drainage structures, or other excavations within existing pavements which are to remain. All work shall be in accordance with these specifications and the details in the Plans at the locations shown in the Plans or as directed by the Engineer. STANDARDS 18-2.1 All work under this section shall be in accordance with SECTION 615 - PAVEMENT REPAIR OVER CULVERTS of the Standard Specifications, except as modified or augmented herein. CONSTRUCTION METHODS 18-3.1 Pavement removal limits shall be smoothly sawcut and shall have a neat appearance. Asphalt and/or concrete materials removed from the excavation or cut shall not be used as backfill material. 18-3.2 Permanent asphalt and concrete pavement repairs shall conform to the details in the Plans and the requirements of SECTION 615 - PAVEMENT REPAIR OVER CULVERTS of the Standard Specifications, except as modified or augmented herein. In the event of a conflict, the details in the Plans and this specification shall govern over the requirements of SECTION 615. For concrete pavement repairs, joints shall be sawcut and sealed as directed by the Engineer in accordance with details in the Plans and SECTION 501 - PORTLAND CEMENT CONCRETE PAVEMENT. 1818=3.3 Temporary pavement repairs shall be in accordance with the details in the Plans and shall be maintained and removed as required. 18-3.4 Restoration of Street Cut: The Contractor is required to restore the excavation, or cut, t immediately upon completion of the work which required the cut. The Contractor shall notify the Engineer when the restoration is completed. METHOD OF MEASUREMENT 183.1 Permanent pavement repairs will be measured by the square yard acceptably completed, less any overcut as determined by the Engineer, for each type of repair as detailed in the Plans. In no case shall the measurement extend beyond the pay limits shown on the details for each type of pavement repair. Pavement repairs of insufficient depth shall not be measured for payment. ' 18-4.2 Temporary pavement repair shall be measured by the square yard maintained and utilized by traffic as directed by the Engineer. In no case shall the measurement of repair extend beyond the pay limits shown on the details in the Plans. Pavement repairs of insufficient depth shall not be measured for pavement. 183.3 Temporary or permanent restoration of private drives and parking surfaces, where directed by 1 the Engineer, will be included in the measurement and payment of the unit prices indicated above. 183.4 Repair of the street required because of damage from the Contractor's equipment or negligence Old Missouri Road Improvements 18-I 016050 II will not be measured for payment. I8-4.5 Pavement cutting and removal will not be measured for separate payment, but shall be considered subsidiary to the installation of the involved item. BASIS OF PAYMENT 18-5.1 Payment for pavement repairs will be made at the contract unit price bid per square yard for ASPHALT PAVEMENT REPAIR, CONCRETE PAVEMENT REPAIR, and TEMPORARY PAVEMENT REPAIR, which price shall be full compensation for the complete restoration of the pavement in accordance with the Plans and this specification including sawcutting, removal, and disposal of materials; placement and compaction of backfill; placement of asphalt, concrete or other materials; placement, maintenance, and removal of temporary surface materials; and all labor, materials, equipment, and incidental items required to complete the repair. Payment will be made under: Item 18-5.1a Asphalt Pavement Repair - per square yard Item 18-5.1 b Concrete Pavement Repair - per square yard Item 18-5.1 c Temporary Pavement Repair - per square yard END OF SECTION I-8 Old Missouri Road Improvements 18-2 016050 I 11 I SECTION 1-9 - GUARDRAIL DESCRIPTION 1919=lA This item shall consist of furnishing and installing steel plate guardrail, including concrete line ' posts, spacer blocks, terminal anchor post, end sections, and guardrail anchor posts, at the locations shown on the Plans or directed by the Engineer. 1 STANDARDS 19-2.1 All work under this item shall be in accordance with SECTION 617 - GUARDRAIL of the Standard Specifications and the AHTD Standard Drawings for the type specified, except as modified or 'augmented herein. MATERIALS 19-3.1 Material for line posts shall conform to paragraph 617.02(a)(2) of the Standard Specifications. ' 19-3.2 Material for terminal anchor posts shall conform to paragraph 617.02(b)(2) of the Standard Specifications. METHOD OF MEASUREMENT 193.1 Guardrail shall be measured in place by the linear foot measured along the center line of the rail. BASIS OF PAYMENT ' 19-5.1 Guardrail will be paid for at the contract unit price bid per linear foot. This price shall be full compensation for furnishing and installing the guardrail, including line posts, terminal anchor post, end section, and all incidental appurtenances; and for all equipment and labor required to complete the work. Payment will be made under: Item 19-5.1 Guardrail (Type 1) - per linear foot END OF SECTION 1-9 I I I I Old Missouri Road Improvements 19-I 016050 I SECTION 1-10 - FENCES DESCRIPTION 110-1.1 This item covers furnishing and constructing new barbed wire and chain -link fence and ' gates in accordance with the types, locations, and details in the Plans, or as directed by the Engineer. STANDARDS I110-2.1 Materials and work shall be in accordance with SECTION 619 - FENCES of the Standard Specifications, except as modified or augmented herein. METHOD OF MEASUREMENT 110-3.1 Fencing will be measured by the linear foot outside to outside of end post, for the type specified in the Plans. BASIS OF PAYMENT 110-4.1 Work performed and accepted under this item and measured as provided above will be paid for at the contract unit price bid per linear foot for fencing and gates as listed below and in the unit price schedule, which prices shall be full compensation for all clearing and grading; for setting posts, erecting fence, and installing gates; for all excavation and backfill; for furnishing all material; and for all labor, tools, equipment and incidentals necessary to complete the work. Payment will he made under: Item 110-4.1 a Barbed Wire Fence — per linear foot Item 110 -.lb 6 -ft Chain Link Fence — per linear foot END OF SECTION 1-10 I I I I LJ I Old Missouri Road Improvements 110-I 016050 II I r I 1 fJ I I I I I I I I SECTION 1-11 - SEEDING DESCRIPTION ll 1-1.1 This section shall include placing approved seed, lime, fertilizer, mulch cover, asphalt, and water on the areas disturbed by the construction as directed by the Engineer and consistent with the areas shown in the Plans. STANDARDS 111-2.1 Materials and work shall be as required in SECTION 620 - SEEDING of the Standard Specifications, except as modified or augmented herein. MEASUREMENT 111-3.1 Seeding will be measured by the acre of actual area covered and accepted, measured to the nearest 0. I acre. PAYMENT 111-4.1 Seeding completed and accepted and measured as provided above will be paid for at the contract unit price bid per acre for seeding, which shall be full compensation for seedbed preparation; for furnishing and applying lime, fertilizer, and seed; hauling and applying mulch material and asphalt: hauling and applying water for grass as directed; reseeding areas which have eroded prior to establishment of grass; and for all equipment, tools and labor necessary to complete the work. Payment will be made under: 111-4.1 Seeding - per acre END OF SECTION 1-1 I Old Missouri Road Improvements 111-1 016050 I I I L, I I SECTION 1-12 - TEMPORARY EROSION CONTROL 112-1.1 This section covers the application of Temporary Erosion Control items at locations shown on the Plans, as directed by the Engineer, and as required for permit compliance. STANDARDS 112-2.1 Items and materials for this section shall be in accordance with SECTION 621 - TEMPORARY EROSION CONTROL ITEMS AND DEVICES of the Standard Specifications, except as modified or augmented herein. CONSTRUCTION METHODS ' 112-3.1 Providing the temporary erosion control items and devices shown on the Plans is intended to minimize the erosion of soils during construction. However, the items and devices shown are not intended to represent all of the necessary items or procedures required to be implemented by the Contractor. The plans and specifications show the Engineer's estimate of a minimum effort needed to maintain proper erosion control during construction. Additional effort and materials may be required by the Contractor to minimize the erosion of soils during construction. It shall be the Contractors ' responsibility to install and maintain all the items shown in the Plans and to coordinate, submit, obtain, and comply with all necessary Federal, State, and local permits. 1 112-3.2 Heavy Duty silt fencing (with welded wire in the fabric) may be required on steep slopes if the Engineer determines that the silt fence used by the Contractor is not performing satisfactory. ' METHOD OF MEASUREMENT 112-4.1 Temporary erosion control will be measured as a complete item. ' BASIS OF PAYMENT I112-5.1 Temporary erosion control acceptably completed will be paid for at the contract lump sum price bid for "TEMPORARY EROSION CONTROL", which prices shall be full compensation for furnishing all materials, tools, equipment, labor, and incidentals necessary to complete the work. ' Periodic payments will be made under this item in proportion to the amount of work accomplished, as determined by the Engineer. Payment will be made under: Item 112-5.1 Temporary Erosion Control — per lump sum END OF SECTION 1-12 I I Old Missouri Road Improvements 112-1 016050 I ISECTION 1-13 - SOLID SODDING DESCRIPTION 113-1.1 This section covers the furnishing and placing of approved Bermuda sod, fertilizer, and water to form solid mats on areas shown on the Plans or as directed by the Engineer. STANDARDS ' 113-2.1 Materials and work shall be in accordance with SECTION 624 - SOLID SODDING of the Standard Specifications, except as herein modified or augmented. CONSTRUCTION METHODS • 113-3.1 Areas to be sodded shall be shaped and graded to an elevation in such manner that they will, after placement of sod, conform to the typical sections. 113-3.2 Immediately following the sodding operations, all gutters, sidewalks, driveways, street pavement, yards, or other areas shall be cleaned of all debris, excess sod, topsoil, or other objectionable matter. All such clean-up operations shall be completed before sodded areas are ' measured for payment as described below. METHOD OF MEASUREMENT I113-3.1 Areas covered by living sod completed and accepted will be measured by the square yard to the nearest square yard. BASIS OF PAYMENT 113-4.1 Solid sodding acceptably completed, and measured as provided above, will be paid for at the contract unit price per square yard bid for "Sodding", which price shall be full compensation for furnishing and placing all materials, including sod, fertilizer, and water; for clean-up work; and for all equipment, tools, labor and incidentals necessary to complete the work. ' Payment will be made under: Item 113-4.1 Solid Sodding - per square yard END OF SECTION 1-13 I I1 �I Old Missouri Road Improvements 113-1 016050 SECTION 1-14 - TOPSOIL DESCRIPTION 114-1.1 This section covers the furnishing and placing topsoil on completed slopes and ditches as shown in the typical sections and other areas shown on the Plans or as described by the Engineer. STANDARDS 114-2.1 Materials and work shall be in accordance with SECTION 628 - TOPSOIL FURNISHED AND PLACED of the Standard Specifications, except as modified or augmented herein. 114-3.1 Immediately following the topsoiling operations, all gutters, sidewalks, driveways, street pavement, yards or other areas shall be cleaned of all excess topsoil. MEASUREMENT AND PAYMENT 114-0.1 Topsoil will not be measured for separate payment, but will be subsidiary to the item or items under SECTION E-2 — EXCAVATION AND EMBANKMENT. END OF SECTION 1-14 Old Missouri Road Improvements 114-1 016050 I ISECTION 1-16 - CONCRETE SIDEWALKS AND STEPS DESCRIPTION 116-1.1 This item shall consist of the construction of reinforced and unreinforced Portland Cement concrete sidewalks (including handicap ramps) and steps in accordance with the lines, grades, and construction details shown on the Plans or as directed by the Engineer. All materials and work shall be in accordance with details shown on the Plans and with these Specifications. STANDARDS ' 116-2.1 Materials and work for sidewalks and steps shall be in accordance with SECTION 633 - CONCRETE WALKS AND STEPS of the Standard Specifications, except as modified by SECTION S-1 - STRUCTURAL CONCRETE of these specifications, and except as modified or augmented herein. 116-2.2 Work shall also be in accordance with City of Fayetteville Ordinance No. 4005. Any questions regarding this Ordinance or the Contractor's responsibilities during construction shall be addressed to the City of Fayetteville's Sidewalk and Trails Coordinator. 116-3.1 Final finishing of the surface shall be by steel trowel finish followed by light brushing or brooming to attain a slightly roughened texture. Transverse (contraction) joints in the walks shall be sawcut (to a depth of T/4) at intervals not greater than the width of the walk, or as directed, in accordance with details in the Plans. ' 116-3.2 Transverse expansion joints in sidewalks and islands shall be constructed opposite expansion joints in curb and gutter, where sidewalk abuts other concrete structures, and as otherwise directed by the Engineer, except that no space shall be left between the sidewalk and adjacent curb. Expansion ' joints shall be sealed with Sonneborn SL I -Sealant above the joint filler material. 116-3.3 Curing compound meeting SECTION 802 - CONCRETE FOR STRUCTURES of the ' Standard Specifications shall be used on all sidewalks. METHOD OF MEASUREMENT 116-4.1 Concrete for sidewalks (including handicap ramps) and steps will be measured by the horizontal square yard. The area for steps will he the treads only. IBASIS OF PAYMENT 116-5 I Work acceptably completed and measured as provided above, will be paid for at the contract unit price bid per square yard for "Sidewalk" and "Concrete Steps", at the specified thickness, which price shall be full compensation for subgrade preparation; for formwork; for furnishing and placing all materials, including expansion joint material; and for all equipment, tools, labor and incidentals necessary to complete the work. IOld Missouri Road Improvements 116-1 016050 I Payment will be made under: I16-5. la Concrete Sidewalk / Trail - per square yard , I16 -5.1b Concrete Steps — per each END OF SECTION I-16 1 1 1 I 1 1 1 Old Missouri Road Improvements 116-2 016050 r a 11 SECTION 1-17 CURB AND GUTTER DESCRIPTION 117-I.1 This section shall consist of the construction of curb and curb and gutter at the locations shown on the Plans or as directed by the Engineer. STANDARDS ' 117-2.1 Materials and work (including testing) for Concrete Curb and Concrete Curb and Gutter shall be in accordance with SECTION 634 - CURBING of the Standard Specifications, except as modified by ' SECTION S -I - STRUCTURAL CONCRETE of these Specifications, and except as modified or augmented in this section of the Specifications. CONSTRUCTION METHODS 117-3.1 Forms: Article 634.03(b) of Standard Specifications shall be augmented as follows: (a) Form for curb and gutter on tangent shall be steel forms, taking into consideration standard lengths of such forms. ' (b) Forms in curved sections may be substantially built wood forms. (c) The Engineer shall approve all forms before they are used on the job and shall inspect them periodically. When forms appear to be unsatisfactory in any way, either before forms are used, during forming operations, or during the placing of concrete, the Engineer shall order the work stopped until the defects have been corrected or the defective forms are replaced by satisfactory ones. 117-3.2 Placing and Finishing: That part of Article 634.03(c)(1) of the Standard Specifications which relates to placing and finishing shall be replaced by the following requirements: (a) Concrete shall be dry enough to permit early removal of face forms, if used, for the curb ' section; it shall not be so dry but what adequate tamping and spading will ensure adequate compaction and surfaces free from honeycomb. The subgrade shall be wetted before placing the concrete. (b) The surface shall be shaped to the required section, finished with a steel trowel, and lightly brushed to produce a uniform surface of slightly roughened texture. The exposed edge of the gutter at the front form, and the exposed edge of the curb at the back form, shall be edged with an edging tool having a radius of approximately 1/8 inch. (c) At the Contractor's option, shaping may he done by a steel screen, shaped to exact curb and gutter section, riding upon the tops of front metal template. The Contractor shall be responsible for construction within the tolerances allowed by this section. The shaping operation shall be repeated as often as necessary to attain the required results. I Old Missouri Road Improvements 117-1 016050 Li (d) If templates are used to control shape, they shall be of metal and securely fastened in position at intervals not exceeding ten (10) feet. Templates shall be normal to the grade of the gutter and to the centerline of roadway. I17-3.3 Joints: Article 634.03(d), Joints, Standard Specifications, for Concrete Curb and Concrete Curb and Gutter shall be deleted in its entirety, and substituted therefore shall be the following: (a) Premolded expansion joint material shall be placed between the curb and gutter and any concrete construction that otherwise would abut against it. Joint material shall be 1/2 inch thick. Premolded joint material shall be of the nonextruding type, and shall conform to AASHTO designation M 213. (b) Expansion joints shall be constructed at the ends of curb and gutter, at the points of ' curvature of returns to streets and driveways. Intermediate expansion joints shall be constructed so that the maximum distance between joints is sixty (60) feet or as otherwise controlled by details on the Plans. The joint material shall extend entirely through the curb and gutter section and, before the joint can be considered completed, must be trimmed to curb and gutter section. (c) Contraction joints shall be 1/8" to 3/8" (width) x 1-1/2" (depth) and shall be placed at fifteen (15) foot intervals between expansion joints or as otherwise controlled by details on the Plans. Contraction joints shall be formed by sawing, unless otherwise specified, and sealed with a non -sag sealant meeting the requirements of the Standard Specifications. (d) Joints shall be normal to the grade for gutter and the centerline of the roadway. Where curb and gutter is constructed adjacent to rigid pavement, and at sidewalks, the location and width of joints shall coincide with those in the pavement, where practicable. All joints shall be sealed with material meeting the requirements of SECTION 501 - PORTLAND CEMENT CONCRETE PAVEMENT, Article 501.03(h) of the Standard Specifications. ' I17-3.4 Placement: Concrete curb and concrete curb and gutter shall be one -course, monolithic, between expansion joints. METHOD OF MEASUREMENT 117-4.1 Work required by this Section shall be measured by the linear foot. Each continuous section 1 of the curb and/or curb and gutter of the type constructed, will be measured along the back edge of the curb; measurements shall include the space occupied by all joints. Measurements shall not include the distance across inlet structures. The quantity on the estimate will be the sum of the several measurements, to the nearest linear foot. BASIS OF PAYMENT I I-17-5.1 Work acceptably completed and measured as provided above will be paid for at the contract unit price per linear foot bid for and "Concrete Curb and Gutter" and "12" Concrete Curb," which price ' shall be full compensation for furnishing all materials, including joint material; for all reinforcing steel; I Old Missouri Road Improvements I17-2 016050 for all excavating, fine grading, and backfilling; for placing, finishing, sawing, and curing; and for all equipment, tools, labor, and incidentals necessary to complete the work. Payment will be made under: Item 117-5.1a Concrete Curb and Gutter - per linear foot Item 117-5.1b 12" Concrete Curb- per linear foot END OF SECTION 1-17 Old Missouri Road Improvements 117-3 016050 SECTION 1-18 - ROADWAY CONSTRUCTION CONTROL DESCRIPTION 118-1.1 This item shall consist of furnishing and maintaining all lines, grades, survey points, and measurements necessary for the proper execution of the work under the Contract, all in accordance with the Plans and Specifications. STANDARDS 118-2.1 All work for this section will conform to SECTION 635 - ROADWAY CONSTRUCTION CONTROL, of the Standard Specifications, except as modified or augmented herein. METHOD OF MEASUREMENT 118-3.1 Roadway Construction Control will be measured as a complete unit. BASIS OF PAYMENT 118-4.1 Work completed and accepted and measured as provided above will be paid for at the contract lump sum price bid for Roadway Construction Control, which price shall be full compensation for furnishing and maintaining all necessary lines, grades, survey points, and measurements; and for furnishing all engineering personnel', equipment, materials, tools, and incidentals necessary to complete the work. No adjustments in the lump sum price bid will be made for Roadway Construction Control required due to normal increases or decreases in contract quantities. However, if the amount of Roadway Construction Control required is increased or decreased in connection with a change order, compensation will be adjusted accordingly. Partial payments for ROADWAY CONSTRUCTION CONTROL will be made in proportion to the amount of work accomplished on this item. No additional payment will be made for restaking needed to maintain the control. Payment will be made under: Item 118-4.1 Roadway Construction Control - per lump sum. END OF SECTION 1-18 1 Old Missouri Road Improvements 118-I 016050 II SECTION 1-19 - MAILBOXES 119-1.1 This section covers the removal, the temporary relocation, and the permanent relocation of mailboxes that conflict with construction. When required, it shall also include furnishing and installing new mailboxes and appurtenances. All work under this section shall be in accordance with details shown on the Plans and these specifications. STANDARDS 119-2.1 All work and materials under this section shall conform to the requirements of SECTION 637 — MAILBOXES of the Standard Specifications, except as modified or augmented herein. MATERIALS 119-3.1 Whenever possible, mailboxes and mailbox supports shall be removed and reinstalled in a concrete base as directed by the Engineer at the time of construction. 119-3.2 Mailbox supports shall consist of 3" to 4" penta-treated posts, or equal, with a 1" x 6" x 16" No. 2 pine wolmanized pine board on top or alternate support approved by the Engineer. 119-3.3 A 1/8" x 1-1/2" steel (painted with black enamel) or %" x I" aluminum brace shall be mounted on the street side. The brace shall be mounted at 45 degrees with the post with 2" bends at connections. The brace shall be mounted with #8 round -head brass galvanized wood screws. 119-3.4 The relocation shall be mounted with base support and dimensions relative to the new pavement as shown on the Plans. CONSTRUCTION METHODS 119-4.1 Mailbox access shall be maintained at all times so that postal service will not be interrupted. It is intended that mailboxes be immediately restored after removal. 119-4.2 All mailboxes and supports that are in satisfactory condition in the opinion of the Engineer shall be relocated. Replacement with new materials is only necessary when the existing materials are not satisfactory due to age, deterioration, or damage during removal or storage by the Contractor. 119-4.3 Mailboxes shall be permanently relocated in the same street station as before and where requested by the property owner, unless directed otherwise by the Engineer. 119-4.4 Temporary Service: If it becomes necessary to cut off vehicle access to individual properties temporarily, then mailboxes may have to be located in a temporary stand at the end of each block. The temporary mailbox support for boxes closely spaced shall consist of a sturdy wood frame of two upright members and 2" x 6' pine horizontal support. Prior to this temporary relocation, each owner shall be contacted by the Contractor. After each owner has been informed, the U.S. Post Office shall be notified by the Contractor by telephone and in writing indicating the location and probable time of beginning and ending of the proposed temporary group mailbox relocation. I Old Missouri Road Improvements 119-I 016050 METHOD OF MEASUREMENT 119-5.1 Mailboxes relocated in accordance with this specification shall be measured as a complete item. The Contractor shall make his own determination of the work required under this item. BASIS OF PAYMENT 119-6.1 All work associated with mailbox relocation shall be paid for at the lump sum price bid for "Mailbox Relocation", which price shall include mailbox removal, temporary relocation, permanent relocation, new materials where required, coordination with property owners and postal service, and all tools, equipment, labor, and incidentals necessary to complete the work. Periodic payments will be made proportional to the amount of work accomplished as determined by the Engineer. Payment will be made under: Item 119-6.1 Mailbox Relocation — per lump sum END OF SECTION 1-19 Old Missouri Road Improvements I19-2 016050 SECTION T -I - THERMOPLASTIC PAVEMENT MARKING TI-l.I This item shall consist of furnishing and placing thermoplastic pavement markings (TPM) of the color and type specified. Pavement markings shall be in accordance with these Specifications and in conformity with the dimensions and at the locations shown on the Plans or as directed by the Engineer. In general, the work shall meet the requirements of the Manual on Uniform Traffic Control Devices for Streets and Highways. STANDARDS TI -2.1 The materials and construction methods for this item will conform to SECTION 719 - THERMOPLASTIC PAVEMENT MARKING of the Standard Specifications, except as modified or augmented herein. CONSTRUCTION METHODS T1-3.1 Arrows applied to the roadway surface shall be preformed (one piece) hot -applied. Arrows can not be applied in sections. METHOD OF MEASUREMENT T1-4.1 Thermoplastic pavement markings will be measured by the linear foot of material actually placed or per each symbol, as applicable. Sand or water blasting as surface preparation will not be measured and paid for directly but will be considered a part of the item Thermoplastic Pavement Marking. BASIS OF PAYMENT TI -S. I Thermoplastic Pavement Marking (TPM) completed and accepted and measured as provided above will be paid for at the contract unit price per linear foot in place, of the width and color specified, or at the contract unit price per each for symbols for each type as specified; which price shall be full compensation for furnishing and installing markings; and for all labor, tools, equipment, and incidentals necessary to complete the work. Payment will be made under: Item TI-S.Ia Thermoplastic Pavement Marking - 6" Yellow - per linear foot Item T1-5.Ib Thermoplastic Pavement Marking -6" White - per linear foot Item TI -5.1c Thermoplastic Pavement Marking - 18" White - Stop Bar - per linear foot Item TI -5. Id Thermoplastic Pavement Marking - 9" White - Crosswalk - per linear foot Item TI -5. le Thermoplastic Pavement Marking (Words) - per each Item TI -5.1 f Thermoplastic Pavement Marking (Arrows) - per each END OF SECTION T -I Old Missouri Road Improvements TI -I 016050 I SECTION S -I - STRUCTURAL CONCRETE ' DESCRIPTION SISI1.1 This section covers concrete and reinforcing steel for the construction of drainage ' structures, sidewalks, islands, curb and gutter, foundations, footings, retaining walls, and other miscellaneous concrete structures conforming to the lines, grades, dimensions, and details shown on the Plans or as directed by the Engineer. SI-1.2 Additional requirements are as specified in the sections of the specifications covering the several items involved with concrete and reinforcing steel. STANDARD SPECIFICATIONS SI-2.1 Concrete and reinforcing steel construction shall be accomplished in accordance with the applicable portions of SECTION 802 - CONCRETE FOR STRUCTURES and SECTION 804 - REINFORCING STEEL FOR STRUCTURES, Standard Specifications, except as modified or ' augmented herein. MEASUREMENT AND PAYMENT ' SI-3.1 Concrete and reinforcing steel will not be measured for separate payment but will be considered subsidiary to the items involved except for reinforced concrete wing walls, which will be measured by the cubic yard in place and accepted, to the nearest cubic yard. BASIS OF PAYMENT ' S1-4.1 Reinforced concrete will be paid for at the contract unit price bid per cubic yard for "Wing Walls" which price shall be full compensation for furnishing all materials, including reinforcing steel; for structural excavation and compaction; for all forming and bracing; for mixing, transporting, placing, finishing, and curing; and for all equipment, tools, labor, and incidentals necessary to complete the work. I I I I I I Payment will be made under: Item S I-4.1 Wing Walls — per cubic yard END OF SECTION S -I Old Missouri Road Improvements SI-I •1 016050 F iSECTION M -I - TEMPORARY SIDEWALK AND SAFETY FENCE 1 DESCRIPTION MI-I.I This section includes furnishing and constructing temporary sidewalk and temporary safety ' fence where called for on the Plans or as directed by the Engineer. Temporary safety fence will also be used for tree protection. ' MATERIALS MI -2.1 Materials for temporary sidewalk shall be 2" x 4" wooden planks secured to the ground and ' wood chips, mulch, or other approved material filled to the top of the planks. The wood chips shall be free from nails or metal materials and trash. Temporary steps may be required by the City at locations where the existing grade is steep. ' MI -2.2 The temporary safety fence shall be typical orange mesh construction fence or approved alternate. ' CONSTRUCTION METHODS MI -3.1 The Contractor shall construct and maintain the temporary sidewalk at the locations and in ' accordance with the details shown on the Plans and as directed by the Engineer. The temporary walk shall be finished smooth to allow for pedestrian traffic. After the temporary walk is no longer required, the Contractor shall remove the walk and restore the original surface or as designated otherwise in the Plans or directed by the Engineer. MI -3.2 The Contractor shall construct and maintain the temporary safety fence at the locations ' shown on the Plans and as directed by the Engineer. The Contractor may be required to provide and secure the temporary safety fence across walkways that have been temporarily closed. After the safety fence is no longer required, the Contractor shall remove the fence and remove it from the ' project site. METHOD OF MEASUREMENT iMl -4.l Temporary sidewalk and temporary safety fence will be measured by the linear foot. If reused at different locations, temporary sidewalk and fence will be measured at each location. BASIS OF PAYMENT MI -5.1 Temporary sidewalk, acceptably completed as provided above, will be paid for at the ' contract unit price bid per linear foot for "TEMPORARY SIDEWALK", which price shall be full compensation for furnishing, installing, and maintaining the wood chips (or other material) and the wooden forms; for removal of the temporary walk; for surface restoration; and for all materials, equipment, and labor required to complete the work. MI -5.2 Temporary safety fence, acceptably completed as provided above, will be paid for at the ' contract unit price bid per linear foot for "TEMPORARY SAFETY FENCE", which price shall be full compensation for furnishing, maintaining, and installing the fence; for removal of the fence; and for all materials, equipment. and labor required to complete the work. Old Missouri Road Improvements MI -I 016050 Payment will be made under: Item Ml -5.1 Temporary Sidewalk — per linear foot Item Ml -5.2 Temporary Safety Fence — per linear foot END OF SECTION M-1 ' 1 1 1 I I I i I I 1 Old Missouri Road Improvements Ml -2 016050 I SECTION M-2 — MODULAR BLOCK RETAINING WALLS DESCRIPTION M2- I.! This work shall consist of installing a modular block retaining wall system in accordance ' with the lines, grades, and dimensions shown in the Plans and specified herein, or as directed by the Engineer. STANDARDS M2-2.1 The following standards shall apply to the work under this item, unless directed otherwise by the Engineer or the Plans. ASTM C 90, Load -Bearing Concrete Masonry Units ' ASTM C 140, Sampling and Testing Concrete Masonry Units ASTM D 448, Sizes of Aggregate for Road and Bridge Construction ASTM D 698, Laboratory Compaction Characteristics using Standard Effort ' ASTM D 1557, Laboratory Compaction Characteristics of Soil using Modified Effort MATERIALS ' M2-3.1 Definitions: Modular Unit: A concrete retaining wall produced by machine from Portland cement, water, and aggregates. Drainage Fill: Drainage aggregate which is placed within and between the modular concrete 1 units. Reinforced Backfill: Compacted soil which is placed adjacent to the Drainage Fill (drainage 1. aggregate), adjacent to the front face of the wall, or as outlined in the Plans. Base Leveling Pad Material: Compacted aggregate base used as footing for the modular blocks. M2-3.2 Delivery, Storage, and Handling: The Contractor shall check the materials upon delivery to assure that proper materials have been received. The Contractor shall prevent excessive mud, wet 1 cement, epoxy, and similar materials which may affix themselves from coming in contact with the materials and shall protect the materials from other damage. Damaged materials shall not be incorporated into the retaining wall structure. ' M2-3.3 Submittals: Samples of all products used in the work shall be submitted to the Engineer for approval. The manufacturer's specifications for proposed materials, method of installation, and list of materials proposed for use shall be submitted. Design information establishing the stability of the proposed structure(s) shall be submitted. The Contractor will he required to submit plans and elevations of the wall to the Engineer for approval prior to beginning the work. Old Missouri Road Improvements M2-1 016050 .1 M2-3.4 Certification: Prior to starting work, the Contractor shall submit a manufacturer's certification that the retaining wall system components meet the requirements and intent of this specification. The Contractor's submittal package shall include but not be limited to actual results for tension/creep, durability/aging, construction damage, and quality control. M2-3.5 Modular Concrete Retaining Wall Units: M2-3.5.1 Manufacturer: The modular concrete retaining wall system shall be designed and manufactured by Keystone Retaining Wall Systems, Inc, or an approved equal. M2-3.5.2 General Requirements: General requirements shall be as follows: 1. Face Color: Gray. 2. Face finish: sculptured rock face in angular multiplaner configuration. 3. Bond configuration: running with bonds nominally located at midpoint vertically adjacent units, in both straight and curved alignments. 4. Exposed surfaces of units shall be free of chips, cracks or other imperfections when viewed from a distance of three yards under diffused lighting. 5. Modular wall units shall be manufactured in accordance with ASTM C-90 and C-140. 6. Units shall have angled sides capable of concave and convex alignment curves with a minimum radius of 1.0 yard (where applicable, for straight walls, use non -angled straight side cap units.) M2-3.5.3 Material Requirements: Material requirements shall be as follows: Cement: Materials shall conform to the following applicable specifications and requirements: A. Portland Cement: ASTM C 150 B. Modified Portland Cement: Portland cement conforming to ASTM C-150, modified as follows. Limestone: calcium carbonate, with a minimum 85% content, may be added to the cement, provided these requirements of C 150 as modified are met: (1) limitation on insoluble residue ----------------------------- 1.5% (2) limitation on air content of mortar — volume percent ------- 22% maximum (3) limitations of loss of ignition -------------------------------- 7% C. Blended Cements — ASTM C 618 D. Pozzolans — ASTM C 618 E. Blast Furnace Slag Cement — ASTM C 989 2. Aggregates: Aggregates shall conform to the following specifications, as applicable. A. Normal Mass Aggregates — ASTM C 33 B. Lightweight Aggregates — ASTM C 331 3. Other Constituents: Air entraining agents, coloring pigments, integral water repellents, finely ground silica, and other constituents shall be previously established as suitable for use in modular concrete retaining wall units and shall conform to applicable ASTM standards or, shall be shown by test or experience to be not detrimental to the durability of the modular concrete units or any material customarily used in retaining wall construction. M2-3.5.4 Structural Requirement: Structural requirements shall be as follows: Old Missouri Road Improvements M2-2 016050 II] I. Compressible Strength: 3,000 psi minimum (28 -day compressive strength). 2. Absorption: 8 percent maximum. ' 3. Unit Depth: 18" minimum (as measured from exposed face to back of wall) 4.. Unit Height. 6" min. 5. Drainage Fill (In -Place), including all drainage fill: Material when compacted to 95% of ' AASHTO T-99 at optimum moisture content shall exhibit an angle of internal friction of not less than 34 degrees as determined in a standard direct shear test (AASHTO T-236), or triaxial test (AASHTO T-243). '• 6. Inter -unit shear strength: 1.5 kips/ft minimum at 0.29 kips/ft2 normal pressure. 7. Maximum horizontal gap between erected units shall be: 0.5 inches. M2-3.5.5 Constructability Requirements: Constructability requirements shall be as follows: I. Vertical setback: 0.1 inches per course per the design drawings. 2. Alignment and grid positioning mechanism; pins, two per unit minimum. M2-3.5.6 Shear Connectors: Strength of shear connectors between vertical adjacent units shall be applicable over a design temperature of -12° C. Shear connectors shall be 0.5 inches diameter ' thermoset isopthalic polyester resin-pultruded fiberglass reinforcement rods. Connectors shall have a minimum flexural strength of 128,000 psi and short beam shear of 6,400 psi. ' M2-3.5.7 Base Leveling Pad Material. Base leveling pad material shall consist of a 12 -inch thick by 24 -inch wide compacted Class 7 Base. M2-3.5.8 Drainage Fill. Drainage fill shall consist of clean, free draining crushed stone or open graded coarse aggregate and meet the requirements of AASHTO M43 #57 or approved equal. The Engineer shall approve the gradation of the drainage fill. Pea gravel shall not be used. A minimum of 24 inches shall be placed behind the wall. Drainage fill shall be placed between, behind, and within the cores of units to meet this requirement. M2-3.5.9 Earth Backfill: Earth backfill shall be free of debris, organics, and shale. M2-3.5.10 Geotextile Fabric: Geotextile Fabric shall be AHTD Type I (AASHTO M288) or approved equal. M2-4.1 Excavation: Contractor shall excavate to the lines and grades as determined by the previously submitted and approved Contractors plans and elevations. The Contractor shall be careful not to disturb embankment and foundation materials beyond lines shown. The Engineer will inspect the excavation and give approval prior to placement of leveling pad or fill soils. Soils that the Engineer deems unsuitable shall be excavated and replaced. Removal of unsuitable soils will be considered "Undercut" and will be measured and paid for under the appropriate sections of SECTION E-2 EXCAVATION AND EMBANKMENT. M2-4.2 Foundation Soil Preparation: Foundation soil shall be excavated, as required, for leveling pad dimensions shown on the Plans, or as directed by the Engineer. Foundation soil shall be approved Old Missouri Road Improvements M2-3 016050 by the Engineer to confirm that the actual foundation soil conditions meet or exceed assumed design conditions. Over -excavated areas shall be backfilled with Class 7 Base, at the Contractor's expense. M2-4.3 Base Leveling Pad: The leveling pad shall be placed to the lines and grades shown on the Plans and to a minimum thickness of 12 inches. Leveling pad shall be prepared and leveled to insure full contact to the base surface of the modular block units. It shall be constructed in 6 -inch lifts and compacted to 95% of Modified Proctor density within 2% of optimum moisture content as determined by ASTM D1557 (AASHTO T-180). M2-4.4 Block Installation: The first course of concrete modular wall units shall be carefully placed on the base leveling pad and each unit checked for level and alignment. Then, the following sequence of operations shall be followed: 1. Ensure that all units are in full contact with base and properly seated. Units shall be placed side by side for full length of wall alignment. Alignment may be controlled by means of a string line or offset from a base line. 2. Install fiberglass connecting pins and fill all voids in and around the blocks themselves with drainage fill. Tamp or rod fill in blocks to insure that all voids are completely filled. Install geotextile fabric and backfill with drainage fill and compact to 95% of AASHTO T-99 at optimum moisture content. 3. Maximum stacked vertical height of wall units, prior to wall drain fill and backfill placement and compaction, shall not exceed two courses. Ensure that each course is completely unit filled, backfilled and compacted prior to proceeding to next course. 4. Sweep excess material from top of units and install the next course. 5. Place each subsequent course ensuring that pins protrude into adjoining courses a minimum of 1 inch. Two pins are required per unit. Pull each unit forward, away from the fill zone, locking against the pins in the previous course. 6. Position vertically adjacent units as recommended by the manufacturer. 7. Only whole uncut will be used, unless otherwise approved by the Engineer. 8. Follow wall erection and drainage fill placement closely with any other backfilling required. Compaction of soils shall be to 95 percent of Standard Proctor Density per ASTM D 698. The top 8 inches of the structure fill shall be impermeable soil to prevent surface water runoff from directly entering the drainage fill or reinforced soil zones. M2-4.5 Earth Backfill Installation. Backfill material shall be placed in 8 -inch lifts and compacted to 95% of Standard Proctor density within 2% dry of optimum moisture content as determined by ASTM D698. 2. Only lightweight hand -operated compaction equipment shall be allowed within one foot of the back surface of the modular block units. Old Missouri Road Improvements M2-4 016050 3. At the end of each day's operation, the Contractor shall slope the last lift of backfill away from the wall units to direct runoff away from wall face. Contractor shall not allow surface runoff from adjacent areas to enter wall construction site. METHOD OF MEASUREMENT M2-5.1 The pay quantity for Modular Concrete Block Retaining Wall shall be the calculated surface area in square feet of the completed wall face from the base leveling pad to the top of wall, measured in square feet. M2-5.2 Excavation, drainage fill, earth backfill, base leveling pad, and geotextile fabric will not be measured for payment, but will be considered subsidiary to Modular Block Retaining Wall. BASIS OF PAYMENT M2 -6.I Modular Block Retaining Wall will be paid for at the contract unit price bid per square foot, which price shall be full compensation for excavation; for constructing base leveling pad; for furnishing and placing modular units, drainage fill, earth backfill, geotextile fabric, pins, adhesives; and for all equipment, labor, and incidentals necessary to satisfactorily complete the work. Payment will be made under: Item M-2-6.1 Modular Block Retaining Wall - per square foot END OF SECTION M-2 J I I J Old Missouri Road Improvements M2-5 016050 II SECTION M-3 - COLD MILLING DESCRIPTION M3-l.l This items covers cold milling of existing asphalt pavement in accordance with these specifications and in conformity to the dimensions and details shown on the plans. This item includes Engineer. All pavement material removed shall be disposed of in designated on -site disposal areas, or off -site, as directed by the Engineer. the cold milling, removal, and disposal of the paving materials designated to be removed. Areas of cold milling have been estimated on the plans. The actual limits of cold milling will be as directed by the CONSTRUCTION METHODS M3-2.1 GENERAL: No pavement removal shall be started until the work has been laid out by the Contractor and approved by the Engineer. All hauling will be considered a necessary and incidental pan of the work. Its cost shall be considered by the Contractor and included in the contract unit price for the pay of items of work involved. No payment will be made separately or directly for hauling on any pan of the work. M3-2.2 COLD MILLING ASPHALT PAVEMENT: The Contractor shall provide self-propelled equipment with sufficient power, traction and stability to maintain an accurate depth of cut and slope. ' The equipment shall be capable of accurately and automatically establishing profile grades along each edge of the machine by referencing from the existing pavement by means of a ski or matching shoe, or from an independent grade control, and shall have an automatic system for controlling cross -slope at a ' given rate. The milling machine shall have an effective means for preventing dust resulting from the operation from escaping into the air. Provision shall be made, either integrally with the milling machine or by the use of additional equipment, to remove the material being cut from the surface of the ' roadway. The number of passes and the depth of each pass required to obtain the total depth to he removed shall be determined by the Contractor. Sawcutting (1.5 -inch minimum depth) will be required at the edge of the removal areas. METHOD OF MEASUREMENT M3-3. I Cold milling areas will be measured by the length and width of the cold milled area in square yards, to the specified depth, at the locations directed by the Engineer. Measurement shall not include areas milled beyond approved limits. BASIS OF PAYMENT ' M3 -4.I Cold milling will be paid for at the contract unit price bid for "Cold Milling Asphalt Pavement", which price shall be full compensation for all cold milling, removal, and disposal of asphalt surface materials; and for all equipment, tools, labor and incidentals necessary to complete the work. Payment will be made under: ' M3-4.1 Cold Milling Asphalt Pavement -- per square yard END OF SECTION M-3 I Old Missouri Road Improvements M3 -I 016050 I� SECTION M-4 - STEEL ENCASEMENT PIPE M411 This item shall consist of constructing steel encasement pipe and installing water or sanitary sewer line within the encasement in accordance with these specifications and in reasonably close conformity with the lines and grades and locations shown on the Plans and as directed by the Engineer. M421 Encasement pipe shall be smooth wall, welded steel pipe conforming to the latest requirements of ASTM A139 Grade B or ASSA C202 (Grade B). The Contractor shall furnish and install smooth wall encasement pipe of ample wall thickness to withstand all structural loading of whatever nature due to the site and/or soil conditions and the method of installation. M4-2.2 The minimum nominal wall thickness shall be 0.23" for 4", 1/4" for 12", 5/16" for 16", and ''h for 24" diameter encasement pipe. Use of the minimum wall thickness shall not relieve the Contractor from any responsibility to provide an acceptable installation of the encasement pipe to the line and grade and all other stipulations required by the Plans or specified herein. M4-11 Encasement pipe shall be installed by the open cut method. The Contractor shall inspect the locations where the encasement pipe and installation structures are to be installed and familiarize himself with the conditions under which the work will be performed and with all necessary details for the orderly prosecution of the work. The omission of any details in the Plans and herein for the satisfactory installation of the encasement and carrier pipe in its entirety shall not relieve the Contractor of full responsibility for the proper installation and the integrity of the encasement pipe. ' M41 2 The Contractor shall satisfy himself of soils condition by any means he deems necessary, i.e., exploratory excavations. Any such exploratory work shall be done in such manner as to not jeopardize railroad or highway roadbeds and shall be satisfactorily backfilled and cleaned up. M4-1 I The Contractor shall perform all excavation required to complete the work regardless of the material encountered. Excavation from the access shafts (bore pits) in excess of that required to backfill ' the access shafts and open ditch portion of the line shall be disposed of by the Contractor outside the limits of the construction site. ' M41 4 Pits and trenches shall be sheeted and braced according to the specifications herein and SECTION E-4 — TRENCH AND EXCAVATION SAFETY SYSTEMS. M4 -1 S Any damage to the pipe coating during shipment or handling shall be repaired by the Contractor. Installation of smooth wall encasement pipe shall be by competent supervisors and workmen specializing in this type of work. M436 The encasement alignment shall be maintained within a tolerance of one -tenth (0.10) of a foot of the tangent line and grade. The installation of encasement shall be carried out in such manner that there will be no settlement of the surface above the encasement. All precautions shall be exercised to Old Missouri Road Improvements M4 -I 016050 •i I prevent caving from the excavation ahead of the pipe. M417 Care shall be exercised to prevent undue voids between the outside of the finished smooth wall encasement and the surrounding ground. The annular space between the encasement pipe and the ground shall be pressure grouted to eliminate all voids. For encasement pipe installed by boring and jacking, the annular space between the outside of the encasement pipe and the surrounding soils shall be filled with grout injected under pressure through a grout pipe attached to the outside wall of the encasement pipe. After the encasement pipe is in its final position, the grout pipe shall be withdrawn as the grout is injected. The Contractor may submit an alternate grouting plan to the Owner for possible approval, but in any case, the Contractor shall be completely responsible for the successful grouting of the annular space. M4-1 8 The access shafts (bore pits) for encasement installation shall be rectangular in plan view, ' approximately 20' x 10', with the longest dimension being constructed with the direction of the carrier pipe. The access shafts shall be properly sheeted on all sides in a safe manner. Shaft sheeting shall be timber or steel piling of ample strength to safely withstand all structural loading of whatever nature due to site and soil condition. The top of the sheeting shall be at a minimum elevation equal to the natural ground line as it existed prior to construction. M4-1 9 After the carrier pipe has been installed inside the encasement pipe, both ends of the encasement pipe shall be tightly bulkheaded as shown on the Plans. M4-1.10 Carrier Pipe In FIn Fnr•cement M4-3.10.1 Installation of the carrier pipe in the encasement shall be accomplished in such manner that neither the pipe nor the encasement is damaged. Care must be exercised to assure that the joints of the pipe are not over -deflected or pulled out during the process. The pipe shall be jointed and pushed or jacked through the encasement. Cables, chains, jacks, or other equipment or devices used shall not be in direct contact with the pipe unless thoroughly padded. M4-3.10.2 Fabricated steel or plastic casing spacers specifically manufactured for this purpose , shall be provided for stability during installation and after the pipe is in place. If, after installation of the carrier pipe, adequate stability has not been provided in the opinion of the Engineer, the annular space between the carrier pipe and the encasement pipe shall be filled with sand or other material as approved by the Engineer. Casing spacers approved by the Engineer shall be used between the encasement pipe and the carrier pipe to prevent flotation. METHOD OF MFASI JRFMFNT M4-1 Work completed under this item will be measured by the linear foot (L.F.) of Steel Encasement Pipe installed complete at the locations shown on the Plans. BASIS OF PAYMENT M4-5 1 Work performed and accepted under this item and measured as outlined above will be paid for at the contract unit price bid per linear foot (L.F.) of steel encasement pipe, for the specified size, which price shall be full compensation for excavation and backfill; for furnishing and installing encasement pipe, spacers, end seals, and other materials; and for all labor, equipment, and incidentals i Old Missouri Road Improvements M4-2 016050 necessary to install the steel encasement pipe at the location shown on the Plans or as directed. Payment will be made under the following items: Item M4-5. Ia 16" Steel Encasement Pipe — per linear foot Item M4-5. lb 24" Steel Encasement Pipe — per linear foot END OF SECTION M-4 Old Missouri Road Improvements M4-3 016050 SECTION M-5 - PIPE EMBEDMENT M5 -I.1 This section covers the furnishing of all labor, equipment, and materials necessary for placing pipe foundations as required on the Plans or as deemed necessary by the Engineer. MATERIALS M5-2.1 Materials for pipe bedding or embedment shall be as follows: M5-2. 1.1 Corrugated Metal Pipe, Aluminized Steel Pipe, and High Density Polyethylene Pipe shall be bedded in limestone abrasive, commonly none as "grit", or an approved equal meeting the following gradation: Sieve (Square Opening) Percent Passing 3/8 inch 100 No. 200 0-10 M5-2.1.2 Bedding for Reinforced Concrete Pipe may be Class 5 or Class 7 Aggregate Base in accordance with SECTION 303 - AGGREGATE BASE COURSE of the Standard Specifications, or limestone abrasive as described in this specification. M5-2.1.3 All bedding material shall adhere to the following requirements: (1) Deleterious substances shall not be present in the prepared crushed stone in excess of the following amounts: Soft and friable pieces - 5% Material finer than No. 200 - 1% Clay lumps - 0.5% (2) The percentage of wear of the crushed stone, tested in the Los Angeles Abrasion Tests, shall not be greater than 45 percent. (3) Crushed stone shall be stockpiled and placed in such a manner that foreign material will not be included in the complete embedment section. CONSTRUCTION METHODS M5-3. I Pipe embedment will be required for the storm drainage pipe in areas deemed necessary by the Engineer. The excavated trench shall be inspected by the Engineer and may be deemed acceptable for pipe placement. In such cases no compensation will be made to the Contractor for bedding material. If the Engineer determines that bedding is required, then the minimum bedding under storm drainage pipe will be a 6 -inch thickness of bedding material in the trench bottom. The width of the pipe embedment shall extend the full width of the trench bottom, but not beyond the maximum trench width. The Old Missouri Road Improvements M5 -I 016050 I II Contractor will not be paid for extra bedding placed in trenches that are excessive in width and/or exceed the limits shown in the Plans. M5-3.2 Excavation for pipe embedment shall be carried to a specified depth below the pipe flow line to allow adequate bedding materials to be placed in accordance with details shown on the Plans and as required by the Engineer. M5-3.3 Additional excavation will be required in soft, mucky areas where the specified bedding will not adequately support the pipe. Where such areas as determined by the Engineer are excavated, the additional depth of trench shall be backfilled with Class 7 Base or Class "C" Ballast Stone. The Contractor will not be paid for any additional excavation required, but will be paid for the additional backfill required. No additional compensation will be given to the Contractor unless the Engineer has measured and verified the additional excavation prior to the placement of the bedding. METHOD OF MEASUREMENT M5-4.1 Pipe Embedment will be measured by the cubic yard as calculated by the Engineer. Excavation for embedment will not be measured for separate payment, but will be subsidiary to Pipe Embedment. BASIS OF PAYMENT M5-5.1 Pipe Embedment acceptably completed and measured as provide above, will be paid for at the contract unit price bid per cubic yard for "PIPE EMBEDMENT," which price shall be full compensation for furnishing the material; for hauling, excavating, placing, spreading, and compacting; and for all equipment, tools, labor and incidentals necessary to complete the work. Payment will be made under: Item M5-5.1 Pipe Embedment - per cubic yard END OF SECTION M-5 Old Missouri Road Improvements M5-2 016050 II II II H I I I I LI I I I I C I I SECTION M-6 - GALVANIZED STEEL HANDRAIL DESCRIPTION M6-1.1 This item shall consist of furnishing and erecting galvanized steel handrail on box culverts, headwalls, retaining walls, sidewalks, or steps, where shown on the Plans, or as directed by the Engineer, in accordance with the details shown on the Plans and with these specifications. MATERIALS M6 -2.I All handrail materials shall be galvanized steel, coated at the rate of 2.0 ounces of zinc per square foot of surface coated, and in accordance with the current provision of ASTM Designation A 123. M6-2.2 All handrail materials shall be steel, conforming to the current provisions of the ASTM Designation in the listing as follows: (a) Pipe - A53, Type E or S, Grade B (b) Plates - A36 CONSTRUCTION METHODS I I I 1 1 I I M6-3.1 All welding shall be in accordance with current provisions of Specifications for Welded Highway and Railroad Bridges, American Welding Society. Welding shall be done by the shielded arc method, and shall be done only by certified welders. Welding rods shall be low hydrogen suitable for use with the metal being welded. Welds joining sections of handrail shall be ground smooth prior to field galvanizing. All welds shall be field galvanized, and all galvanized areas which have been damaged shall be repaired as follows: All galvanizing that has been chipped off or damaged in handling or transporting or in welding or riveting shall be repaired by field galvanizing by the application of a paste composed of approved zinc powder and flux with a minimum amount of water. The places to be coated shall be thoroughly cleaned, including removal of slag on welds before the paste is applied. The surface to be coated shall first be heated with a torch to a sufficient temperature so that all metallics in the paste are melted when applied to the heated surface. Extreme care shall be taken to see that the galvanized surfaces are not damaged by the torch. The flux in the paste will cause a black substance to appear on the surface of the coated parts, and this black substance shall be removed by wiping off with waste or by quick application of cold water. Other galvanizing methods may be used if approved in writing by the Engineer. Prior to installation, the Contractor shall contact the Engineer for his inspection of the Handrail. METHOD OF MEASUREMENT M6-4.1 Galvanized steel handrail will be measured by the linear foot, completed and accepted. BASIS OF PAYMENT M6-5.1 Galvanized steel handrail acceptably completed and measured as provided above, will be paid ' for at the contract unit price per linear foot bid for "HANDRAIL," which price shall be full compensation I Old Missouri Road Improvements M6-1 016050 I I for furnishing and installing all materials, including sleeves with plates, grout; and for all equipment, 1 tools, labor, and incidentals necessary to complete the work. Payment will be made under: ' Item M6-5.1 Galvanized Steel Handrail - per linear foot END OF SECTION M-6 1 1 1 1 1 1 1 1 1 1 Old Missouri Road Improvements M6-2 016050 1 II J I II I SECTION M-7 - WATER FOR DUST CONTROL DESCRIPTION M7-1.1 This item shall consist of the furnishing and placing of water for the purpose of dust control during periods of dry weather. M7-2. I Control of dust is of extreme importance to. the health and welfare of the project residents and it is the intent of this specification that the Contractor will, upon 24 -hour notice by the Engineer, furnish a water truck and adequate personnel to control dust on the project as directed by the Engineer and to maintain the availability of the equipment on the job during periods of dry weather. The Contractor may be required to spray trees and other shrubs as required by the City. METHOD OF MEASUREMENT M7 -3.I Water will be measured by the gallon in the truck and will be computed by cross sectional area times the length of the tank. I I I 1 11 C I I I Old Missouri Road Improvements M7-1 I BASIS OF PAYMENT M7 -4.I Water placed as directed by the Engineer and measured as provided above shall be paid for at the unit price per gallon for "WATER FOR DUST CONTROL," which price shall be full compensation for furnishing water, labor, and transportation. Payment will be made under: Item M7-4.1 Water For Dust Control - per gallon END OF SECTION M-7 016050 I [ii SECTION U -I SANITARY SEWER LINES DESCRIPTION UI-1.1 The Contractor shall provide all labor, materials, tools, and equipment necessary for the construction of the sanitary sewers, complete and ready for use including gravity sewers, manholes, and other appurtenances, all in accordance with the plans and specifications. I. Work to be performed under these items shall include all excavation; the removal of existing pavements, curb and gutter, sidewalks, driveways, brush and timber; structures and piping to be 1 relocated or abandoned; also, all shoring and dewatering, the furnishing and placing of all pipe, fittings and appurtenances; the furnishing and placing of bulkheads; the restoration of any utilities, lawns, trees, shrubbery, culverts, fences and other items not covered under subsequent items disturbed by construction operations; backfilling; placing of gravel or sand bedding; removal of excess excavated materials; and all other work necessary for a complete sewer installation and excluding only such work as is specifically included in other contract pay items. U1 -2.l Location of Lines: The approximate location of proposed sewers is indicated on the Plans. Any deviation from the ' locations of the proposed sewer lines as shown on the Plans must be approved by the Engineer. U1-3.1 Surveys: All work shall be constructed in accordance with the lines and grades shown on the plans or as directed by the Engineer. MATERIALS U1 -4.l Gravity Sewer Pipe: ' Gravity sewer mains shall be Polyvinyl Chloride (PVC) pressure water pipe, which shall be of the type and the quality specified. Ul- .l PVC Force Main Pipe: (Not Used) U 1-5.2 PVC Force Main Connection At The Manhole: (Not Used) U 1-5.3 Ductile Iron Sewer Pipe: (Not Used) U1- .4 Polyvinyl Chloride (PVC) Sewer Pipe — C-905. Dr -18 Pressure Pipe: This specification designates general requirements for unplasticized polyvinyl chloride (PVC) Plastic Sewer Pipe with integral wall bell and spigot joints for the conveyance of domestic sewage, in gravity sewers four (4") inches to twenty-four (24") inches in size. Pipe and fittings shall meet and/or exceed all requirements of ASTM Specification D3034 and shall be made of plastic having a cell classification of 12454-B as defined in ASTM D1784. DR shall be 18 minimum. ' Old Missouri Road Improvements Ul-I 016050 I All pipe shall be suitable for use as a gravity sewer conduit. Provisions must be made for contraction and expansion at each joint with a rubber gasket. The bell shall consist of an integral wall section with a solid cross section rubber gasket factory assembled, securely locked in place to prevent displacement. All fittings and accessories shall be as manufactured and furnished by the pipe supplier or approved equal and have bell and/or spigot configurations identical to that of the pipe. Rubber gasket shall conform to ASTM Specification D1869. Minimum "Pipe stiffness" at 5% deflection shall conform with ASTM D3034 for all sizes when tested in accordance with ASTM Designation D2412, External Loading Properties of Plastic Pipe by Parallel -Plate Loading. Pipe and fittings shall be tested in accordance with ASTM Designations D 2412, D 2152, and D 2444. U1-5.5 PVC Pipe Fittings: I Fittings for PVC pipe shall be of PVC compound conforming to ASTM 1784 as required in ASTM D3034 or ASTM D2464, as required. The fittings shall be made by the same manufacturer as the pipe. U1-5.6 PVC Pipe Joints: I PVC joints shall be designed so that the pipe and fittings may be connected on the job without the use of glue or adhesive and any special equipment except where noted on the Plans. The buried pipe and fittings shall have a push -on joint consisting of a single rubber gasket designed to be assembled by the positioning of a continuous, molded rubber gasket in a recess in the pipe and fitting socket, thereby compressing the gasket radially to the pipe to form a positive seal. The gasket and the angular recess shall be so designed and shaped that the gasket is locked in place against displacement as the joint is assembled. Gasket dimensions shall be in accordance with manufacturer's standard design dimensions and tolerances and shall be of such size and shape as to provide an adequate compressive force against the plain end and socket after assembly to effect a positive seal under all combinations of joint and gasket tolerances. Gaskets shall be vulcanized natural or vulcanized synthetic rubber. No reclaimed rubber shall be used. I The joint shall be designed to withstand the same pressures as required for the pipe. The joint shall be designed so as to provide for the thermal expansion or contraction experienced with a temperature change of at least 75°F. Plain end by plain end pipe connected by a coupling provided with rubber gaskets and a center stop is acceptable at certain locations where approved by the Engineer. U1-5.7 Straps And Supports For Pvc Pipe: 1 Straps, supports and anchoring hardware shall be adequate to maintain the pipeline, as depicted in the Plans, in the proper position and alignment under all operating conditions. Straps and supports shall be of standard design and shall be the best suitable, in the opinion of the Engineer, for the service required. Straps and supports and all anchoring hardware shall be stainless steel. CONSTRUCTION METHODS U1-6.1 Excavation: I Excavation shall include the removal, handling, rehandling, refill or backfilling, and disposal of any and all materials encountered in the work, and shall include all pumping, drainage and shoring. The Old Missouri Road Improvements U1-2 016050 I I I Since rock may vary from cobbles to hard rock, and from easily ripped shale to sandstone which ' requires blasting, the Contractor shall consult the standard details for trench design, bedding and backfill, and also make his own determination of rock quantities and construction techniques. Excavation of rock or any other material will not be a separate pay item. The maximum width of trench for sewer pipe installation at a point two feet above the top of the pipe shall be external diameter of the barrel of the pipe plus twelve (12") inches on each side of the pipe. work of excavation shall also include the responsibility of added expenses or other liability that may arise from obstacles or conditions, foreseen or unforeseen, which may be encountered in the work. All excavation shall be made in such manner and to such widths as will give ample room for properly laying and inspecting the pipes. All excavation necessary for laying pipe, constructing manholes, etc., shall be made to line and grade as indicated on the plans and as specified herein. Trenches shall be excavated to the alignment and depth required and shall not advance more than 100 feet ahead of the completed pipe, unless otherwise permitted by the Engineer. The trench shall be braced and drained as may be required so that workmen may work therein safely and efficiently, in accordance with OSHA regulations. All excavation shall be open cuts with vertical sides except in special cases where the Engineer may permit sloping sides above a point two feet above the top of the pipe, or except where tunneling is required. l Li I J 71 I I 1 PT J The Engineer shall have the authority at any time to require the Contractor to discontinue the use of any excavation machine or other equipment which, in his judgment, is not adapted to the purpose for which it is being used. The Contractor shall at all times during construction provide proper and satisfactory means and devices for the exclusion of water or removal of all water entering the excavation and shall remove all such water as fast as it may collect in such a manner as shall not interfere with the prosecution of the work or endanger adjoining property and structures. The Contractor shall maintain all excavation in good order during the construction, so as not to hinder or injure the pipe laying, masonry or other work. He shall take all reasonable precautions to prevent movement of the sides of such excavation, and shall remove at his own expense any material sliding into the excavation. The Contractor shall furnish and put in place such shoring as may be required to support the sides of all trenches or other excavations. Wherever necessary for protection of workmen, for security of adjacent utilities or structures, for stability of trench, for proper installation and operation of sewer pipe, the Engineer shall have the right to require that the excavation be braced and rendered secure to his satisfaction. All material excavated shall be placed so as to interfere as little as possible with public travel. At street crossings and other points as may be directed by the Engineer, the trenches shall be bridged in a proper and secure manner so as to prevent any serious interruption of travel upon the roadway or sidewalk, and also to afford necessary access to particular public premises. The cost of all such work must be included in the prices bid for the various items of the Contract. Surplus excavated material over and above that required for backfilling, mounding over the pipe and making other fills and embankments to the finished lines and grades indicated on the drawings shall be I Old Missouri Road Improvements Ul-3 016050 I disposed of by the Contractor off site. I U1-6.2 Clearing And Grubbing: I Where required for proper construction and/or where shown on the Plans, the Contractor shall clear and grub an area of the minimum width needed to perform the work. If the sewer is to be constructed within the street right-of-way, the clearing and grubbing shall be confined to the street right-of-way and not on private property. The Contractor shall clear and grub the area by removing all trees, brush, weeds, crops, buildings, fences, fallen timber, logs and debris of every description. In addition, all visible stumps, partially buried logs, other objectionable debris, and roots or other projections over one (1) inch in diameter, shall be removed from the natural surface of the ground. Trees shall be cut and stumps removed. A method of disposal of all debris shall be submitted to the Engineer for approval. The Contractor shall obtain permits needed for burning or disposing of any debris. U1-6.3 Pipe Bedding: i All pipe shall be bedded in a foundation constructed as shown on the plans and standard details. Bedding material shall be gravel or crushed stone, maximum diameter 1 inch. Foundation under pipe shall be bedding material six (6") inches in thickness. Bedding material shall be used to backfill on the sides of the pipe, and shall be placed to a height twelve (12") inches above the top of the pipe. Excavated material shall not be used for bedding or pipe foundations. Where the Contractor exceeds the maximum trench width to the extent that excessive backfill loads are imposed on the pipe, as determined by the Engineer, the Contractor will provide such additional pipe foundation as the Engineer may require without any additional compensation. It is a requirement of these specifications that the bedding and initial backfill material to be used be approved by the Engineer prior to construction. U1-6.4 Laying Pipe: Pipe shall be laid in the trench on bedding beginning at the downstream end as called for on the plans r or as directed by the Engineer. A grade laser shall be used to maintain the desired pipe slope. After the sewer is completed, the interior surface on the bottom thereof shall conform accurately to the grade and alignment indicated on the plans or directed by the Engineer. Any pipe which is not true in alignment or which shows settlement or deflection after laying exceeding manufacturer's recommendation, shall be taken up and relaid at the Contractor's expense. Before being set in place, each section of pipe shall be thoroughly clean and free of dirt. All bells shall be laid on the upstream end. Whenever pipe laying is stopped, either for the night or for any other cause, the end of the pipe shall be securely closed to prevent the entrance of water, mud, or other matter, and shall be secured in such manner as to prevent the pipe from being dislodged by movement of backfill. Sanitary sewer services, where required to be replaced or adjusted, shall connect to the sanitary sewer main at the location specified on the Plans with a service wye of the specified size and type. Sanitary sewer services shall be PVC SDR-26. A watertight plug or cap shall be installed on the end of each Old Missouri Road Improvements U1-4 016050 1 I service. The ends of all sanitary sewer services shall be clearly marked with a pressure treated 4"x4" ' pine timber so that they can be easily located at a later date. U1-6.5 Jointing Pvc Pipe And Fittings: The rubber gasket and receiving portion of the PVC pipe shall be thoroughly cleaned of any foreign matter and shall he handled carefully to prevent damage to either jointing surface. The pipe end and gasket should be thoroughly cleaned and lubricant applied to the entire circumference of each. Lubricated pipe end shall be carefully pushed into the bell to the manufacturer's "stop reference mark." The rubber gasket shall be installed in the bell of the pipe or fitting and the plain (spigot) end of the pipe homed in the annular space of bell in accordance with the pipe supplier's recommendations. The end of the pipe shall be lubricated prior to insertion. The pipe will be considered being homed when the proper length is inserted in the bell as indicated by markings on the spigot end of the pipe. All ' pipe shall have an identity mark scribed on the material to indicate the required length of penetration in the bell. If the pipe is cut, the plain ends must be beveled in accordance with the supplier's recommendations. After beveling, stop marks must be applied to the plain ends of the pipe. Ul-64 Jointing Ductile Iron Pipe: (Not Used) U 1-6.7 Concrete Encasement: Concrete encasement shall be made of concrete having a compressive strength of not less than 3000 psi after 28 days. The concrete encasement shall be placed in accordance with the details shown on the plans. U 1-6.8 Steel Encasement; This item shall consist of constructing steel encasement pipe and installing sanitary sewer lines within the encasement in accordance with these specifications and in reasonably close conformity with the lines and grades and locations shown on the plans. ' Steel encasement pipe shall be smooth wall, welded steel pipe conforming to the latest requirements of ASTM A 139 Grade B or ASSA C202 (Grade B). The Contractor shall furnish and install smooth wall encasement pipe of ample wall thickness to withstand all structural loading of whatever nature due to the site and/or soil conditions and the method of installation. ' The minimum nominal wall thickness shall be 1/4" for 14" diameter steel encasement pipe. Use of the minimum wall thickness shall not relieve the Contractor from any responsibility to provide an acceptable installation of the encasement pipe to the line and grade and all other stipulations required by the Plans or ' specified herein. Steel encasement pipe shall be installed by open -cut. The Contractor shall inspect the locations where the encasement pipe and installation structures are to be installed and familiarize himself with the conditions under which the work will be performed and with all necessary details for the orderly prosecution of the work. The omission of any details in the Plans and herein for the satisfactory installation of the encasement and carrier pipe in its entirety shall not relieve the Contractor of full responsibility for the proper installation and the integrity of the encasement pipe. IOld Missouri Road Improvements Ul-5 016050 I I The Contractor shall satisfy himself of soils condition by any means he deems necessary, i.e., exploratory boring or exploratory pit excavations at bore ends. Any such exploratory work shall be done in such , manner as to not jeopardize railroad or highway roadbeds and shall be satisfactorily backfilled and cleaned up. The Contractor shall perform all excavation required to complete the work regardless of the material encountered. Excavation from the access shafts (bore pits) in excess of that required to backfill the access shafts and open ditch portion of the line shall be disposed of by the Contractor outside the limits of the construction site. Pits and trenches shall be sheeted and braced according to the Specifications herein and as directed by the Engineer Any damage to the pipe coating during shipment or handling shall be repaired by the Contractor. Boring and installation of smooth wall pipe shall be by competent supervisors and workmen specializing in this type of work that is provided by the Contractor. The encasement alignment shall be maintained within a tolerance of one -tenth (0.10) of a foot of the I tangent line and grade. The installation of encasement shall be carried out in such manner that there will be no settlement of the surface above the encasement. All precautions shall be exercised to prevent caving from the excavation ahead of the pipe. Care shall be exercised to prevent undue voids between the outside of the finished smooth wall encasement and the surrounding ground. The annular space between the encasement pipe and the ground shall be pressure grouted to eliminate all voids. For encasement pipe installed by boring and jacking, the annular space between the outside of the encasement pipe and the surrounding soils shall be filled with grout injected under pressure through a grout pipe attached to the outside wall of the encasement pipe. After the encasement pipe is in its final position, the grout pipe shall be withdrawn as the grout is injected. The Contractor may submit an alternate grouting plan to the Owner for possible approval, but in any case, the Contractor shall be completely responsible for the successful grouting of the annular space. The access shafts (bore pits) for encasement installation shall be rectangular in plan view, approximately 20' x 10', with the longest dimension being constructed with the direction of the carrier pipe. The access shafts shall be properly sheeted on all sides in a safe manner. Shaft sheeting shall be timber or steel piling of ample strength to safely withstand all structural loading of whatever nature due to site and soil condition. The top of the sheeting shall be at a minimum elevation equal to the natural ground line as it existed prior to construction. After the carrier pipe has been installed inside the encasement pipe, both ends of the encasement pipe shall be tightly sealed as shown on the details in the Plans. Installation of the carrier pipe in the encasement shall be accomplished in such manner that neither the pipe nor the encasement is damaged. Care must be exercised to assure that thejoints of the pipe are not over -deflected or pulled out during the process. The pipe shall be jointed and pushed or jacked through the encasement. Cables, chains, jacks or other equipment or devices used shall not be in direct contact with the pipe unless thoroughly padded. Fabricated steel or plastic casing spacers specifically manufactured for this purpose shall be provided for I Old Missouri Road Improvements U1-6 016050 1 I ' stability during installation and after the pipe is in place. If, after installation of the carrier pipe, adequate stability has not been provided in the opinion of the Engineer, the annular space between the carrier pipe and the encasement pipe shall be filled with sand or other material as approved by the Engineer. Casing spacers approved by the Engineer shall be used between the encasement pipe and the carrier pipe to ' prevent flotation. U 1-6.9 Backfilling: No backfilling of trenches shall be done until the pipework to be covered has been inspected by the Engineer. Where any shoring is withdrawn as backfilling progresses, all voids or spaces left thereby shall be carefully and thoroughly filled and compacted with properly shaped tools. ' The Engineer shall have the right to forbid the use of any compacting tools or machines that he considers dangerous to the pipe or incapable of compacting the backfill properly. All backfill compacting operations shall be during the presence of the Engineer, and these operations shall proceed in such sequence as he may direct. The Contractor shall he responsible for the stability ' of all backfill made under the contract until final acceptance of the work and shall bear the expense of replacing any portions which have become displaced due to carelessness or negligent work on the part of the Contractor or to damages resulting from natural causes, such as storm, and not attributable, in ' the opinion of the Engineer, to unavoidable movements of the ground upon which the backfill is made. Backfilling of trenches for pipe sewers shall start as soon as the Engineer considers the joints to be I satisfactory. Backfill material as called for on the plans and in these specifications, shall be carefully placed in the trench so as not to move the pipe or dislodge any of thejointing material and thoroughly but carefully placed under and around the pipe up to a point twelve (12") inches above the top of the pipe. The utmost care shall be taken not to disturb the pipe or not to shift a pipe from its proper position by careless or unskilled ramming around it or by unequal filling on the sides. Where a trench is in highway or street pavement, backfill for the balance of the trench shall be ' A.H.T.D. Class 7 above a point one foot above the top of the pipe and shall be compacted by placing in layers of not more than 12 -inch thickness and compacting with mechanical tampers or by satisfactory method or methods that will obtain the density hereinafter specified. The density of ' compacted material in each layer of backfill shall not be less than 95% of the maximum density as measured by Method of Test for the Compaction and Density of Soils, AASHTO Standard Specification T-180 (Modified Proctor). Where a trench is in open ground and not in highway or street pavement, the trench from a point one foot above the top of the sewer to a point one foot below the original ground surface may be filled in ' layers approximately 12 inches thick using the best of the excavated material, including only the smaller stones, cobbles, or broken rock pieces. This backfill will then be compacted by approved equipment or mechanical tampers to obtain at least 90% of maximum density as measured by Method of Test for the Compaction and Density of Soils, AASHTO Standard Specification T-99 (Standard 'Proctor). The remainder of the backfill may consist of the larger rocks and stones excavated from the trench, ' and the surface mounded over the top to provide for some after -settlement. The final surface shall be left in a condition equal to that originally found at the start of the work. As soon as the backfilling of any excavation is completed, the Contractor must begin the removal of Old Missouri Road Improvements UI-7 016050 I all surplus dirt and remove all pipe and other material placed or left on the street by him except material needed for the replacement of the paving. The street shall be made passable for traffic. Following the above work, the repairing and complete restoration of the street surfaces shall be done as promptly as possible. TESTING Ul-7.1 Leakage Tests Of Gravity Sewers: As each section of sewer is completed between manholes, each section shall be air tested. When practical, house connections in each section shall be included in the test. Air test shall be low-pressure air test based on the principal of air -pressure loss per time period. Contractor shall prepare a log of testing and submit this to the Engineers as each section is completed and tested. All tests shall be accomplished in the presence of the Engineers. 1. The test section of the sewer line is plugged at each end. One of the plugs used at the manhole must be tapped and equipped for air inlet connection for filling the line from the air compressor. ' 2. All service laterals, stubs and fittings into the sewer test section should be properly capped or plugged, and carefully braced against the internal pressure to prevent air leakage by slippage , and blowouts. 3. Connect air hose to tapped plug selected for the air inlet. Then connect the other end of the air hose to the portable air control equipment which consists of valves and pressure gauge used. a. To control air entry rate to the sewer test section, and b. To monitor the air pressure in the pipe line. More specifically, the air control equipment includes a shutoff valve, pressure regulating valve, pressure reduction valve and a monitoring pressure gauge having a pressure range from 0-5 psi. The gauge should have minimum divisions of 0.10 psi and an accuracy of 0.04 psi. 4. Connect another air hose between the air compressor (or other source of compressed air) and the air control equipment. This completes the test equipment set-up. Test operations may ' commence. 5. Supply air to the test section slowly, filling the pipe line until a constant pressure of 3.5 psig is maintained. The air pressure must be regulated to prevent the pressure inside the pipe from exceeding 5.0 psig. 6. When constant pressure of 3.5 psig is reached, throttle the air supply to maintain the internal pressure above 3.0 psig for at least 5 minutes. This time permits the temperature of the entering air to equalize with the temperature of the pipe wall. During this stabilization period it is advisable to check all capped and plugged fittings with a soap solution to detect any leakage at these connections. If leakage is detected at any cap or plug, release the pressure in the line and tighten all leaky caps and plugs. Old Missouri Road Improvements U1-8 016050 Then stars the test operation again by supplying air. When it is necessary to bleed off the air to tighten or repair a faulty plug, a new five-minute interval must be allowed after the pipeline has been refilled. 7. After the stabilization period, adjust the air pressure to 3.5 psig and shutoff or disconnect the air supply. Observe the gauge until the air pressure reaches 3.0 psig. At 3.0 psig commence timing with a stop watch which is allowed to run until the line pressure drops to 2.5 psig at which time the stop watch is stopped. The time required, as shown on the stop watch for a pressure loss of 0.5 psig, is used to compute the air loss. 8. If the time in minutes and seconds for the air pressure to drop from 3.0 to 2.5 psig is greater than that shown in the table for the designated pipe size, the section undergoing test shall have passed and shall be presumed to be free to defects. The test may be discontinued at that time. 9. If the time in minutes and seconds for the 0.5 psig drop is less than that shown on ' the table for the designated pipe size, the section of pipe shall not have passed the test; therefore, adequate repairs must be made and the line retested. 10. Pipe sizes with their respective recommended minimum times, in minutes and seconds, for acceptance by the air test method. PIPE SIZE TIME (Inchesi Minutes Seconds 4 2 32 6 4 0 8 5 6 10 6 30 12 7 39 14 8 56 15 9 35 16 10 12 18 11 34 20 12 45 21 13 30 II. An air pressure correction is required when the prevailing ground water is above the sewer line being tested. Under this condition, the air test pressure must be increased 0.433 psi for each foot the ground water level is above the invert of the pipe. 12. Height of ground water above sewer pipe shall be determined by a method approved by the Engineer. Any leaks in the system shall be repaired immediately upon discovery. Costs for repairing faulty work, including excavating and re-backfilling and for making tests, shall be paid for by the Contractor. For safety reasons, no person shall be allowed in the manhole once the air test has begun. Old Missouri Road Improvements U I-9 016050 I 1 U1-7.2 Leakage Testing of Force Main: (Not Used) U1-7.3 Deflection Test For PVC Sewer Pipe: ' The Contractor shall test all laid and backfilled PVC gravity sewer pipe for deflection with a mandrel. The maximum deflection allowable shall not exceed 5 percent of the pipe's internal diameter. Deflection shall be checked on all installed pipe by the Contractor in the presence of the Engineer. Deflection tests shall be completed a minimum of 30 days after initial backfill of the pipe and thereafter may be checked at random by the Engineer during the construction and warranty period. All pipe deflected in excess of 5 percent shall be replaced by the Contractor for no additional compensation. U1-7.4 Final Sewer Cleaning: Prior to final acceptance and final manhole -to -manhole inspection of the sewer system by the ' Engineer, flush and clean all parts of the system. Remove all accumulated construction debris, rocks, gravel, sand, silt, and other foreign material from the sewer system at or near the closest downstream manhole. If necessary, use mechanical rodding or bucketing equipment. 1. Upon the Engineer's final manhole -to -manhole inspection of the sewer system, if any foreign matter is still present in the system, reflush and clean the sections and portions of the lines as required. U 1-7.5 Other Checks: ' The alignment and grade of pipe sections between manholes shall be checked with a light held at the end of pipe inside the manhole. Such light shall be plainly visible when viewed from the manhole at the other end of this section of line. If in the presence of sewage, an open flame shall not be used as a light source. In addition to all the above checks and testing, all obvious leaks shall be repaired to the satisfaction of ' the Engineer. METHOD OF MEASUREMENT 1 U 1-8.1 Measurement of pipe lines as a basis of payment shall be made along the pipe from center ' to center of manhole minus the 3' inside the downstream manhole and the 3' inside the upstream manhole. The measurement shall be by the linear foot (L.F.) of sanitary sewer pipe acceptably installed and completed. BASIS OF PAYMENT U1-9.1 Work completed and accepted under this item when measured as provided above shall be paid for at the contract unit price bid per linear foot (L.F.) for each type and size of sanitary sewer pipe as shown on the Plans, which price shall be full compensation for all trench excavation, bedding and backfill, furnishing and installing the pipe, testing, and for all materials, equipment, tools, labor, clean- up, and incidentals necessary to complete the work. Payment will be made under the following items: I Old Missouri Road Improvements U1-10 016050 ' I I Item UI-9.la 16" PVC AWWA C-905 DR -18 Sanitary Sewer Pipe - per linear foot Item U I-9. lb 18" PVC AWWA C-905 DR -18 Sanitary Sewer Pipe - per linear foot Item U I-9.Ic 8" PVC SDR-21 Sanitary Sewer Pipe - per linear foot END OF SECTION U-1 1 1 1 1 1 1 Old Missouri Road Improvements U I-11 016050 II 7 SECTION U-2 - MANHOLES U2-l.l This section describes the installation of new cast -in -place concrete manholes, new precast concrete manholes, and other miscellaneous structures. MATERIALS II I I IJ II II I I [1 U2-2.1.1 Coal -Tar Epoxy Paint: Kop Coat "Bitumastic Black Solution," Tnemec, "46-450 heavy Tnemecol," or equal. Dry film thickness shall be a minimum of 14.0 mils per coat. U2-2.1.2 Non -Shrink Grout: Grout shall be non -shrink in the plastic state and show no expansion after set as tested in accordance with ASTM C 827 and shall develop compressive strength not less than 3,000 psi with a trowelable mix within 24 hours per ASTM C 109. The placement time shall be not less than 45 minutes based on initial set per ASTM C 191. Test results shall be furnished by the manufacturer and submitted to the Engineer. U2-2.1.3 Flexible Gaskets: Openings for each connecting pipe shall be circular with a compression type flexible rubber gasket cast integrally into the manhole wall. Flexible gaskets shall be manufactured in accordance with rubber joint specification ASTM C 443 and shall meet the performance and test requirements of ASTM C 425 for compression joints. Flexible gaskets shall be A-Lok, Presswedge, or equal. U2-2.1.4 Frames and Covers: Manhole frames and covers shall be in accordance with Section U-4. U2-2.1.5 Steps: Manhole steps will be required on manholes that exceed five (5) feet in depth. U2-2.1.6 Cast -In -Place (Monolithic) Concrete Manholes: Manholes shall be constructed as detailed on the Drawings. Cast in place construction will be considered for circular manholes only if appropriately designed with reinforcing steel. The concrete for circular manholes shall be reinforced with wire mesh conforming with this document. The minimum sidewall thickness shall be 6 inches or one -eighth the inside diameter whichever is greater. The base thickness of manhole below the underside of flow channel shall vary, depending on the diameter, the depth of manhole, whether base is reinforced or not and on the type of joint occurring between base slab and wall. The minimum base thickness shall be 8 inches or 1/8 the manhole diameter plus 1/30th of the manhole depth, whichever is greater. 1. Foundations of manholes for sanitary sewer shall be concrete of a minimum compressive strength of 3,000 psi at 28 days. The invert channels shall be smooth, accurately II Old Missouri Road Improvements U2 -I 016050 1J shaped, and in accordance with the plans. Where changing line sizes occur, the crowns (top insides) of the pipe should be matched unless otherwise approved by the Engineer. The invert of the manholes shall be shaped and smooth so that no projections will exist. Flow channels will be formed in the inverts so that the manhole will be self-cleaning and free of areas where solids may be deposited as sewage flows through the manhole from all inlet pipes to all outlet pipes. Where the pipe can be laid continuously through the manhole, the pipe can be placed in the base. After the construction of the manhole, the pipe can be trimmed by cutting out the top half after the concrete base is constructed and has cured sufficiently. If it is not possible to lay the pipe continuously through the manhole base, the invert may be poured and formed directly in the concrete of the manhole base. The invert floor shall have a minimum slope of 1 -inch per foot unless noted otherwise. The manhole invert shall extend from wall to wall. The minimum thickness for all bases shall be eight (8) inches. Reinforce bases with #4 bars at 12 -inch centers each way. Tie and place reinforcing steel above the midpoint. The minimum cover over the reinforcement shall be two (2) inches. When the connecting pipelines are required to have concrete embedment, extend the embedment reinforcing steel not less than twenty (20) bar diameters into the manhole base. 2. Pipe extending from the manhole shall be cradled in concrete to the first pipe joint in the same pour as the manhole foundation. Embedment of reinforcing steel shall extend not less than twenty (20) bar diameters into manhole base. 3. A minimum of six (6) inches rock cushion shall be used beneath manhole foundations. Where trench has been overexcavated, the void created shall be completely filled with a rock cushion to the underside of the manhole base. 4. In the event that ground water is present during the pouring of a cast -in -place ' manhole foundation, a pump shall be used to remove the ground water. Prior to pouring, the subgrade shall be stable, free from muck and groundwater. After the concrete foundation has been placed, the pump shall continue to run for at least two (2) hours to enable the concrete to obtain its initial set. 5. Cast -in -place concrete manholes shall have a minimum inside diameter at the base of six (6') feet and an inside diameter at the top of the cone section of not less than twenty- four (24") inches unless specified otherwise herein. The manhole shall have a minimum wall thickness of eight (8") inches and shall be smooth having no form marks on the interior wall or exterior wall of the manhole exceeding one -quarter (1/4") inch in depth. Concrete used for the manhole barrel and cone section shall be a minimum compressive strength of 3,000 psi at 28 days, with a slump of five (5") inches to seven (7") inches during the placement. Concrete shall not be so dry as to cause extensive honeycombing. During the placement of the concrete in the manhole barrel forms, thorough vibrating shall be completed at two (2') foot intervals. If cold joints are necessary because of a time lapse of more than one hour between placements, then a concrete bonding adhesive shall be applied to the existing concrete. A concrete collar at least four (4") inches thick shall extend a minimum of eight (8") inches above and below the new joint around the outside of the manhole. If honeycombing of the barrel of the manhole is found to be present after removal of the forms, such honeycombing shall be repaired as directed by the Engineer. Any form marks on the inside wall shall be smoothed and grouted as directed. Curing compounds or covers may or may not be used at the option of the Contractor to protect the concrete to prevent cracking during the curing process and to protect the manhole during freezing temperatures. The manhole shall not be backfilled for at least two (2) working days after forms have been removed or a minimum of three (3) working days after the concrete has been placed. I Old Missouri Road Improvements U2-2 016050 ' I I I 7 'J I I U I I I I I I I I I Iv I 6. Reinforcing steel used in design of reinforced manhole foundations shall conform to ASTM A 615, Grade 60, deformed bars. 7. Welded steel wire fabrics for cast -in -place manholes shall conform to ASTM 185. 8. Manhole bases shall be integrally cast. The diameter of the integral base pad shall be eight (8) inches greater than outside diameter of the manhole. Whenever the walls of the manhole are poured separately from the base pad, the Contractor shall use a water stop at the cold joint so as to prevent or minimize the amount of leakage at the cold joint. U2-2.1.7 Shallow manholes shall be constructed at locations in the sanitary sewer system where depths are less than four feet, or as directed by the Engineer. Shallow manholes shall be constructed rectangular in shape from 4000 psi reinforced concrete formed in place as detailed in Section E, Manhole Rehabilitation Details. U2-2.1.8 Precast Concrete Manhole Sections: 1. Manholes shall conform to ASTM C 478 and as specified herein. 2. Wall thickness shall be minimum 6" for all precast sections. 3. Concentric cones shall be utilized when manhole depth exceeds six feet. The clear opening of the cone shall be 26 inches. 4. Reinforced concrete flat -top sections shall have a minimum 26 -inch diameter opening and be a minimum eight inches thick in non -traffic areas and a minimum ten inches thick in traffic areas (designed for H-20 loading). Reinforce flat -top sections with #4 bars at 12 -inch centers each way. Tie and place reinforcing steel below the mid point. The minimum cover over the reinforcement shall be two (2) inches. The top or bottom of the flattop shall be clearly labeled or marked. 5. Openings for each connecting pipe shall be circular with a compression type flexible rubber gasket cast integrally into the manhole wall. Flexible gaskets shall be manufactured in accordance with rubber joint specification ASTM C 443 and shall meet the performance and test requirements of ASTM C 425 for compression joints. Flexible gaskets shall be A-Lok or equal. 6. Performed and trowclable bitumastic joint sealants shall be Kent -seal, Ram-Nek, EZ-STIK, or equal. The minimum dimension of preformed material shall be one-half (1/2) inch square. 7. Do not deliver precast concrete sections to the job until representative concrete cylinders have attained a strength of at least 80 percent of the specified minimum. Inspect precast concrete sections when delivered. Cracked or otherwise visibly defective units will be rejected. 8. The maximum depth of lifting holes shall be no more than one-half the manhole wall thickness. After placement of the manhole, the lifting holes shall be sealed with a non shrink grout. ' Old Missouri Road Improvements U2-3 016050 11 CONSTRUCTION METHODS U2-3.1.1 Install manholes of the respective types at the designated locations with flowlines at elevations to match existing. U2-3.1.2 Interior manhole diameters unless otherwise noted shall be six (6) feet. U2-3.1.3 Install frames and covers in accordance with Section SP -28. U2-3.1.4 Form inverts with mortar material and steel -trowel to produce a dense, smooth finish ' and shape to form a "U"- shaped channel approximating the lower one-half (1/2) cross section of the connecting pipelines and extending upward three -fourths (3/4) of the inside pipe diameter in a , "U" -shape. Provide smooth transitions for pipes of different sizes, different elevations, and/or at different angles. Also form inverts to provide self-cleaning by sloping normally two (2) inches from manhole wall to edge of "U" channel with a smooth finish. U2-3.1.5 PiDe Stubs: 1. Install pipe stubs for future connections at locations, angles, elevations, and of materials as specified or as determined by the Engineer. 2. Install each pipe stub with the bell of the pipe abutting the outside manhole wall, or the joint if other than a bell, as near the manhole wall as is practicable but not more than two (2) feet from outside manhole wall for later connection thereto. U2-3.1.6 Pipe holes at manholes shall be permanently sealed watertight after installation of the connecting pipelines. U2-3.1.7 Construct connections to existing manholes in conformance with this section. ' Excavate around the existing manhole so as not to disturb the manhole. The manhole wall shall be removed for no greater diameter than required to insert new pipe. Reshape manhole invert and , channel to accept the flows from the new pipe. Chip the existing invert to a rough new surface and install a new channel and invert the entire side where the new pipe enters. Take care to prevent brick or other foreign material from entering the existing downstream sewer. Retrieve such debris. After the new pipe is installed, completely fill and render permanently watertight the void around the new pipe with a grout conforming to the material specifications herein. U2-3.1.8 Manhole Adjustments: ' Provide new manholes with a maximum of one (1) foot of adjustment ring(s) underneath the casting. Seal adjustment ring joints as specified in Section SP -28. U2-3.1.9 Apply two coats of coal -tar epoxy paint to the manhole exterior. Coating shall be in accordance with Manufacturer's recommendation. I U Old Missouri Road Improvements U2-4 016050 1 I I ' U2-3.1.10 Testing: Test manholes in accordance with Section SP -21. ' 2U 3.1.11 Formwork: 1. Vertical concrete surfaces shall be formed. The underside of slabs and beams ' shall be formed except where the concrete is placed against the ground. Sloping surfaces shall be formed unless otherwise authorized by Engineer. ' 2. Construct and erect forms so that the concrete will have the shape, line, and grade indicated. Make forms mortar tight and sufficiently rigid to prevent deformation under load. Use an adequate number of walers, stiffeners, and braces to insure straight walls. 3. Formwork, shoring, and bracing design shall meet the requirements of AC! 347. 4. Except as noted, tolerances for formed surfaces shall meet the requirements of ' ACI 301. Edges of form panels in contact with concrete exposed to view in the finished work shall be flush within 1/32 inch. Forms for plane surfaces shall be such that the concrete will be plane within 1/8 -inch in four ft. Leading edges of concrete shall lie within '/.-inch as measured from a 10 -fl template. 5. Provide as -cast smooth form finish for formed concrete surfaces that are to be exposed to view, or that are to be covered with a coating material other than cement plaster applied directly to the concrete. ' 6. Produce smooth form finish by selecting form material to impart a smooth, hard, uniform texture and arranging them orderly and symmetrically with a minimum of seams. 7. Repair and patch defective areas with all fins and other projections completely removed and smoothed. U2-3.1.12 Reinforcement: 1. Reinforcing steel shall be placed in accordance with ACI 301 and ACI 318. When concrete is placed, reinforcing shall be free of rust, scale, or other coatings that will affect the bond. Reinforcement shall be accurately placed, adequately supported, and secured in position at intersections with annealed wire not less than 16-ga or with clips. Reinforcement shall be supported to keep it away from exposed surfaces. Nails or other devices shall not be driven ' into forms to support reinforcement. 2. Provide the following concrete cover unless otherwise shown on the drawings: ' Bottom face of slabs 1 inch Top face of slabs I '/2 inches ' U2-3.1.13 Placing Concrete: 1. General ' Old Missouri Road Improvements U2-5 016050 I a. Do not place concrete until forms have been oiled, reinforcement has been fastened in position, form ties at construction joints have been retightened, and embedments and openings have been placed and anchored. ' b. Remove debris from the space in which concrete is to be placed. 2. Convey concrete from the mixer to the place of final deposit by methods which , will prevent separation or loss of materials. The free fall of concrete shall not exceed three feet. 3. Consolidating_ ' a. Consolidate concrete with mechanical vibrating equipment and provide stand by equipment. Apply vibration directly to the concrete. Vibration shall be sufficient to cause flow or settlement of the concrete into place. Apply vibration at the point of deposit and in the freshly placed concrete. It shall be of sufficient duration to accomplish compaction and embedment of reinforcement and fixtures. b. Supplement vibration by forking and spading by hand in the comers and angles of forms and along form surfaces while the concrete is plastic under the vibratory action. , U2-3.1.14 Curing: 1. Maintain concrete in a moist condition for seven days after placement. Curing , may be by any of the following means: a. Curing with burlap, cotton, or mats kept continuously wet, or by keeping , forms continuously wet. b. Waterproof paper curing. Lay four inches at seams and seal with tape. , c. Membrane curing by power spraying with a fugitive dye included. Do not use this method on surfaces which will receive a finish treatment of any kind. Submit manufacturer's descriptive data of curing compounds for approval. METHOD OF MEASUREMENT 1 U2-4.1 Measurement for standard six (6) foot sanitary sewer manholes shall be made by each (EA.) standard 6' I.D. sanitary sewer manhole constructed in the locations as shown on the Plans. Standard manhole depth is six (6) feet. Measurement for manhole depth in excess of six (6) feet shall be made by the vertical foot (V.F.) of extra manhole depth installed as shown on the Plans. BASIS OF PAYMENT U2-5.1 Payment for standard six (6) foot sanitary sewer manholes will be made at the ' contract unit price bid for each (EA.) six (6) foot sanitary sewer manhole installed at the locations shown on the plans, and shall include all work, materials, incidentals and other items necessary to install the manholes as shown on the Plans. Old Missouri Road Improvements U2-6 016050 1 Payment for extra manhole depth will be made at the contract unit price bid per vertical foot of extra manhole depth, and shall include all work, materials, incidentals and other items necessary to install the extra manhole depth as shown on the Plans. Payment will be made under the following items: Item U2-5.Ia Standard 6' I.D. Sanitary Sewer Manhole - per each Item U2-5. lb Extra Manhole Depth - per vertical foot END OF SECTION U-2 Old Missouri Road Improvements U2-7 016050 I C1 SECTION U-3 SEALING OF MANHOLE FRAME DESCRIPTION ' U3.1.1 This section governs the materials required and construction procedures for sealing manhole frames. MATERIALS U3-2.1 Bitumastic gasket material shall meet or exceed Federal Specification SS -S -210A. ' The material shall show no signs of deterioration for a period of 30 days when immersed in solutions of acid, alkali or saturated hydrogen sulfide. Joints shall show no sagging when tested at 135F for a period of five days. Bitumastic Gasket Material shall be EZ-STIK. Trowelable bitumastic material shall be GS -702 compound or equal. U3-2.2 Concrete Bonding Aeent: ' Bonding agent shall be Acyrl #60 as manufactured by the Thuro-Seal Company or equal. ' U3-2.3 Polyethylene shall be a minimum thickness of 4 mils. U3-2.4 Chewrex CX-22 Urethane adhesive. (Bonding agent for rubber adjustment rings) ' CONSTRUCTION METHODS U3-3.1 Sealing Procedure: 1. Joint surfaces between the frame, adjustments, and cone section shall be free of dirt, stones, debris, and voids to ensure a watertight seal. Place a flexible gasket joint material, ' minimum '/2 inch thick, in two concentric rings along the inside and outside edge of each joint. Position the bun joint for each length ofjoint material on opposite sides of the manhole. ' No steel shims, wood, stones, or any material not specifically accepted by the City may be used to obtain final surface elevation of the manhole frame. ' 2. When precast concrete grade adjustment rings are placed on the manhole structure to obtain proper grade, no more than 24 vertical inches may be used, unless approved by the City. ' 3. Seal the rubber manhole adjusting ring to the precast concrete adjusting ring and the manhole frame as shown on the drawings. 4. In paved areas or future paved areas, castings shall be installed by using a straight edge not less than ten (10) feet long so that the top of casting will conform to the slope and finish elevation of the paved surface. The top of the casting shall be 1/8 inch below the ' finished elevation. Allowances for the compression of the joint material shall be made to assure a proper final grade elevation. I IOld Missouri Road Improvements U3 -I 016050 5. Manhole rims in parkways, lawns and other improved lands shall be at an elevation not more than one (1) nor less than one-half (1/2) inch above the surrounding ground. Backfill shall provide a uniform slope from the top of manhole casting for not less than three (3) feet each direction to existing finish grade of the ground. The grade of all surfaces shall be checked for proper slope and grade by string lining the entire area regraded near the manhole. 6. Manholes in open fields, unimproved land, or drainage courses shall be set as ' required by the City. 7. On non -paved manholes, exterior surface of all exposed grade adjustments and ' four inches below sound structure shall be cleaned with a wire brush and then waterproofed with trowelable bitumastic gasket material in accordance with the manufacturer's specifications. A protective polyethylene cover shall be placed over the waterproofing material when backfilling, following sealing of the frame and grade adjustment. U3-3.2 Backfilling Procedure: 1. Non -paved Excavated material subject to review by the Engineer shall be used for backfill and mechanically compacted following sealing of the frame. Bentonite may be added to backfill at the Contractor's discretion. The level of the backfill shall be to one inch above the frame bottom with the removed topsoil being placed on top of the compacted impervious backfill prior to replacement of sod. 2. Paved ' Portland cement concrete shall be used for backfill following sealing and testing of the frame to prevent compaction of the joint material and extend to 6 inches below the top of structurally sound structure. U3-3.3 Restoration Procedures: Restore surfaces to conditions not less than that existing prior to starting construction unless required by these specifications, permits and/or licenses, or shown on the plans. Grassed areas shall be replaced with sod to match existing conditions. Pavement replacement shall match existing pavement material. MEASUREMENT AND PAYMENT ' U3-4.1 Sealing of the manhole and frame will not be measured for separate payment, but will ' be considered subsidiary work pertaining to the construction of the items. END OF SECTION U-3 I Li I Old Missouri Road Improvements U3-2 016050 1 I I I SECTION U-4 MANHOLE FRAMES AND COVERS AND INSTALLATION OF WATERTIGHT INSERTS U4-1.1 This Section describes replacement of manhole frames and covers and the installation of watertight manhole inserts. ' MATERIALS ' U4-2.1 1. Frames a. Frame material shall be cast iron conforming to ASTM A 48, Class 35 or better. The frame shall exhibit a tensile strength of not less than 35,000 psi. ' b. Frames for standard manholes shall be Neenah R -1726-A, or approved equal. c. Bearing surfaces between the ring and cover shall be machine finished or ground to assure nonrocking fit in any position, and interchangeability. 2. Covers ' a. The cover shall form a water resistant seal between the frame and manhole cover surface. The cover shall have concealed pick holes and a machined bearing surface on the ' bottom of the casting. The cover shall conform to ASTM A 48, Class 35 or better, for Gray Iron. The cover shall have a tensile strength of 35,000 psi. ' b. A typical standard manhole cover design shall be Neenah R -1726-A or approved equal. c. Covers shall set flush with the rim of the frame and shall have no larger than 'a 1/8 -inch gap between the frame and cover. d. Bearing surfaces shall be machine finished. 1 3. Watertight Manhole Inserts This standard covers the furnishing and installation of watertight gasketed manhole inserts in the ' sanitary sewer collection system. ' a. Materials and Design 1) The manhole insert- shall be of corrosion -proof high density ' polyethylene that meets or exceeds the requirements of ASTM O1248, Category 5, Type Ill. 2) The minimum thickness of the manhole insert shall be 1/8". ' Old Missouri Road Improvements U4-1 016050 I 3) The manhole insert shall have a gasket that provides positive seal in wet or dry conditions. The gasket shall be made of closed cell ' neoprene rubber and meet the requirement of ASTM D1056, or equal. 4) The manhole insert shall have a strap for removing the insert. The strap shall be made of minimum 1" wide woven polypropylene or nylon webbing, with the ends treated to prevent unravelling. Stainless steel hardware shall be used to securely attach strap to the insert. 5) The manhole insert shall have one or more vent holes or valves to ' release gases and allow water inflow at a rate no greater than 10 gallons per 24 hours. b. Installation I) The manhole frame shall be cleaned of all dirt and debris before , placing the manhole insert on the rim. 2) The manhole insert shall be fully seated around the manhole frame rim to retard water from seeping between the cover and the manhole frame rim. 3) Manhole inserts shall be furnished and installed at all manholes. CONSTRUCTION METHODS U4-3.1 1. Manhole frames that are observed to be cracked, broken, pitted, or contain gaps , in the bearing surface preventing a water resistant seal shall be replaced. 2. Manhole frames or covers that are observed to be defective or contain defective threads preventing a water-resistant seal shall be replaced in accordance with this Section and Section SP -28. 3. Contractor shall be responsible for evaluating the condition of the manhole lid gasket, and if found to be defective, the gasket shall be replaced. MEASUREMENT AND PAYMENT , U4-4.1 Manhole frames and covers and installation of watertight inserts will not be measured for separate payment, but will be considered subsidiary work pertaining to the construction of the items. END OF SECTION U-4 1l Old Missouri Road Improvements U4-2 016050 , I ' SECTION U-5 MANHOLE TESTING DESCRIPTION U5-1.1 This section describes manhole testing to effectively confirm the watertight integrity 'of new manholes following new construction of sanitary sewer manholes. Infiltration may be observed in manhole defects at manhole walls, pipe seals or bench/trough areas. Infiltration related repairs are intended to eliminate leakage of groundwater into manholes. Inflow may be observed in manhole defects at manhole frames, covers, frame seals, grade ' adjustments, grade adjustment seals, corbels, or walls. Inflow related repairs are intended to eliminate sources of surface water entry that become active during rainfall events. I I I I n J I I I I I I I U5-1.2 Testing. Observations and Guarantee Period 1. The testing required shall be performed by the Contractor at all rehabilitated and new manholes and documented to the satisfaction of the Engineer. 2. Testing shall not be performed on a specific manhole until all work has been completed for that specific manhole. 3. Any rehabilitated manholes or new manholes that are observed to be leaking by the Engineer shall be subject to additional repairs and retested by the Contractor at no additional cost to the Owner. MATERIALS U5-2.1 Not Specified CONSTRUCTION METHODS U5-3.1 Infiltration Testing: 1. Ali new manholes shall be vacuum tested by the Contractor in the presence of the Engineer for sources of infiltration. Testing will be made during high groundwater conditions, wherever possible. 2. Manholes shall be tested after installation with all connections (existing and/or proposed) in place. Drop -connections and gas scaling connections shall be installed prior to testing. The lines entering the manhole shall be temporarily plugged with the plugs braced to prevent them from being drawn into the manhole. The plugs shall be installed in the lines beyond drop -connections, gas sealing connections, etc. The test head shall be placed inside the frame at the top of the manhole and inflated in accordance with the manufacturer's recommendations. A vacuum of 10 inches of mercury shall be drawn, and the vacuum pump will be turned off. With the valve closed, the level of vacuum shall be read after the required test time. If the drop in the level is less than I -inch of mercury (final vacuum greater than 9 inches of mercury), the manhole will have passed the vacuum test. After a successful test, the temporary plugs will be removed. The required test time is determined from Table 1. I Old Missouri Road Improvements U5 -I 016050 Table 1 MINIMUM TIME REQUIRED FOR A VACUUM DROP OF 1" Hg (10"Hg -9"Hg) (MIN:SEC) DEPTH OF M.H. (DEPTH IN FT.) 48" M.H. 60" M.H. 72" M.H. 0-20' :40 :50 1:00 22' :44 :55 1:06 24' :48 1:00 1:12 26' :52 1:05 1:18 28' :56 1:10 1:24 30' 1:00 1:15 1:30 ADDITIONAL 2' DEPTHS - ADD FOR EACH 2' :04 :05 :06 3. Manhole vacuum levels observed to drop greater than 1 -inch of mercury (Final vacuum less than 9 inches of mercury) will have failed the test and will require additional rehabilitation. The Contractor shall make the necessary repairs at no additional compensation for only those work items completed by the Contractor. The manhole shall then be retested as described above until a successful test is made. MEASUREMENT AND PAYMENT U5-4.1 Manhole testing will not be measured for separate payment, but will be considered subsidiary work pertaining to the construction of the items. END OF SECTION U-5 Old Missouri Road Improvements U5-2 016050 I U -6 -ABANDONMENT OF EXISTING SANITARY SEWER MANHOLES ' DESCRIPTION ' U6-1.1 This section covers the abandonment of existing sanitary sewer manholes due to the installation of new sanitary sewer mains along Old Missouri Road between Stubblefield Road and Brookhaven Drive. ' MATERIALS U6-2.1 All materials and construction methods shall meet the Specification Requirements for ' Sanitary Sewers as set forth in Section SP -2. All concrete used in this process shall have a minimum compressive strength of 3,000 p.s.i. ' CONSTRUCTION METHODS U6-3.1 The Contractor shall remove the top two feet of the existing manhole barrel, including ' the existing frame and lid. The Contractor shall then plug each existing invert into and out of the existing manhole. The Contractor shall then fill the existing manhole barrel to the revised manhole top elevation with 3,000 p.s.i. concrete. Once the manhole barrel has been filled with concrete, the Contractor shall then fill the remaining portion of the excavated area with native material to the elevation of the surrounding area. For manholes that are located within the existing roadway, the backfill shall consist of red hillside material that meets or exceeds the subgrade specifications as set forth in the City of Fayetteville's Street Specifications. METHOD OF MEASUREMENT U6-4.1 Work completed under this item shall be measured by each (EA.) sanitary sewer manhole abandoned as described above. This item shall include all materials, tools, labor, and incidentals necessary to complete the work as described above. ' BASIS OF PAYMENT U6-5.1 Work completed and accepted under this item when measured as provided above shall be paid for by each (EA.) sanitary sewer manhole abandoned as described above. This price shall be full compensation for furnishing all materials, equipment, tools, labor, and incidentals necessary to complete the work. Payment will be made under: Item U6-5.1 Abandon Existing Sanitary Sewer Manhole - per each IEND OF SECTION U-6 [1 P1 II Old Missouri Road Improvements U6-1 016050 I ' U-7 RELOCATION OF SANITARY SEWER SERVICES ' DESCRIPTION U7 -1.I This section covers the relocation of sanitary sewer services required because of ' interference with construction of the improvements. The Contractor shall restore all existing sewer services whether shown on the plans or as directed by the Engineer in the field. MATERIALS U7-2.1 All materials and construction methods shall meet with the City of Fayetteville ' Specification Requirements for Sanitary Sewers. CONSTRUCTION METHODS U7-3.1 Grades shall be as determined by the Engineer or as shown on the Plans. Size of sewer service line shall be of the same size as the existing sewer service. ' Trench excavation and backfill, including bedding material and cleanup, will not be measured separately, but will be considered subsidiary to this bid item. ' The Contractor shall be diligent in the construction of sanitary sewer lines in order that property owners be inconvenienced for as short a period as possible. The Contractor shall notify the property owner prior to commencing any work that would knowingly cause any inconvenience. ' It shall be the Contractor's responsibility to avoid any contamination of new work because of sewage being discharged during the work and shall avoid the creation of any nuisance. ' METHOD OF MEASUREMENT U7-4.1 Sanitary sewer service line relocations will be measured as a complete item for each ' location regardless of individual length and/or number of fittings required to complete the relocation. All material, laying of pipe, trench excavation, backfill, cleanup, etc., will not be measured separately, but will be considered subsidiary to this item. BASIS OF PAYMENT U7-5.1 Sanitary sewer service lines, acceptably completed as provided above, will be paid ' for at the contract unit price bid per each (EA.) sewer service of the size and type as specified on the plans, which price shall be full compensation for connections, fittings, excavation, backfill, cleanup, and for furnishing all materials, and for all equipment, tools, labor, and incidentals ' necessary to complete the work. There shall be no separate for rock excavation, if necessary. H [1 [J Payment will be made under the following items: Item U7-5. I a Relocate 4" Sanitary Sewer Service - per each Item U7-5.1 b Relocate 6" Sanitary Sewer Service — per each END OF SECTION U-7 I I Old Missouri Road Improvements U7-1 016050 I SECTION W-2 - VALVE AND METER BOXES ADJUSTED TO GRADE ' DESCRIPTION W2-1.1 The Contractor shall adjust valve and meter boxes of gas or water mains as shown in the Plans or as directed by the Engineer. CONSTRUCTION METHODS IW2-2.1 If any new material is required in making adjustments, it shall be similar and equal to the existing material, in accordance with the City of Fayetteville's Water Specifications, and shall be furnished by the Contractor at his own expense. In no case shall the Contractor allow pavement or embankment to be placed over valve or meter boxes nor fail to adjust the top of the box flush with the finished grade, whether or not the adjustment is called for on the Plans. Relocation of water lines or ' valves is not included in this work except to correct damages done to existing utilities caused by the Contractor. ' METHOD OF MEASUREMENT W2-3.1 Valve and meter boxes adjusted to grade and accepted will be measured per each. ' BASIS OF PAYMENT W2-0.1 Payment will be made at the contract unit price bid per each as "VALVE OR METER BOX ADJUSTED TO GRADE," which prices shall be full compensation for furnishing all materials, and for all equipment, tools, labor, and incidentals necessary to complete the work. Payment will be made under: Item W2-4.1 Valve or Meter Box Adjusted to Grade - per each [, L I C I I Old Missouri Road Improvements W2 -I 016050 I