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HomeMy WebLinkAbout154-04 RESOLUTIONRESOLUTION NO. 154-04 • i._ A RESOLUTION AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $365,945.00 TO KIMBEL PLUMBING, INC. FOR THE ACCELERATED WATER LINE REPLACEMENT PROJECT PHASE II; AND APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF $54,891.00 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 in the amount of $365,945.00 to Kimbel Plumbing, Inc. for the Accelerated Water Line Replacement Project Phase II. A copy of the contract, marked Exhibit "A" is attached hereto and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas, hereby approves a Project Contingency in the amount of $54,891.00 for same. PASSED and APPROVED this 5th day of October 2004. ATTEST. ,,,,, /TRf''h,, S-arte• :•p• ? cas -U• ,FAYETTEVILLE; 3 y ;(1:5)fiAt5P • _,_ By: �Otte1c4 SONDRA SMITH, City Clerk APPRO D. By: DAN COODY, Ma NAME OF FILE: CROSS REFERENCE: Item # Date Resolution No. 154-04 w/Contract Document 1 not dated memo to City Council 2 draft resolution 3 letter to Sid Norbash from Garver Engineers 4 copy of Accelerated Bid tabulation, August Waterline Replacement Work Order #2 11, 2004 5 copy of Project Location #1 & #2 vicinity map 6 draft agreement 7 Staff Review Form 8 email to Sid Norbash g memo to Sid Norbash 10 email to Pat @ Multi -Craft from Peggy Vice 11 12 13 14 15 16 NOTES • To: Fayetteville City Council Thru: Dan Coody, Mayor Hugh Earnest, CAO Tim Conklin, Director CP&E Gary Coover, City Engineer From: Sid Norbash, Staff Engineer ate . /a /5/6 /56 /lmbtu lP/P bnQs esjae Subject: Accelerated Water Main Replacements Project Phase II Construction Contract with Kimbel Plumbing, Inc. BACKGROUND The above referenced project is part of an ongoing capital Improvement project, which has been approved by the Council and scheduled for construction in 2004. City Council has approved $1,500,000 for the Engineering, Bidding, and Construction of the leaky waterlines with high priority. In Phase I of these replacements a total of 5,885 feet of 12", 8", and 6" waterlines were replaced. This project was recently completed with the following financial results: Contract Price Actual Total Cost Total Under -Run Following is the overall Budget Status: $768,697.00 (contingency of $69,838 not used) $706,457.24 $ 62,239.76 (92% of budget used) Total Funds Approved by the Council Total Funds Used or Obligated to Date Balance of Funds DISCUSSION / STATUS $1,500,000 (2003-2004) $1,067,029 $ 432,971 Official bids for the construction of this project were received on August 11, 2004. The results are as follows: atd Am C'o m} 6/.id /o/5/° 9 Contractor Kimbel Plumbing, Inc. Garver Engineers' Estimate W.N. Couch, Inc. Bid Amount $365,945.00 $411,175.00 $684,053.50 As shown above Kimbel Plumbing, Inc. is the low bidder on this job, and has been recommended by Garver Engineers to be selected for the contract award. Please see attached letter and bid tabulation sheet for more information. RECOMMENDATIONS The Staff recommends that the Council approve the award of bid to Kimbel Plumbing, Inc in the amount of $365,945.00, and also approve a (15%) project contingency in the amount of 54,891. FUNDING Approved Budget $1,157,562.00 (2004 funding) Funds Used to date $ 724,590.70 Remaining Funds $ 432,971.30 SN/sn Attachments: Construction contract Bid Tabulations Vicinity Map • • RESOLUTION NO. A RESOLUTION AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $365,945.00 TO KIMBEL PLUMBING, INC. FOR THE ACCELERATED WATER LINE REPLACEMENT PROJECT PHASE II; AND APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF $54,891.00 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 in the amount of $365,945.00 to Kimbel Plumbing, Inc. for the Accelerated Water Line Replacement Project Phase II. A copy of the contract, marked Exhibit "A" is attached hereto and made a part hereof. Section 2. That the City Council of the City of Fayetteviill!Arkansas, hereby approves a Project Contingency in the amount of $54;$910 Or same. PASSED and APPROVED this 21St day of September 2004. SONDRA SMITkileitty Clerk Garver Engineers, LLC 3810 Front Street. Suite 10 Fayetteville. Arkansas 72703 (479) 527-9100 FAX (479) 527.9101 www.9arv0reng1neers.com August 11, 2004 • • Mr. Sid Norbash City of Fayetteville Engineering Department 113 W. Mountain Street Fayetteville, AR 72703 Re: Accelerated Waterline Replacements Work Order No. 2 Recommendation of Award to Low Bidder Garver Project No. 0296-3500 Dear Sid: GARVER ENGINEERS Two bids were received for the referenced project at Fayetteville City Hall at 2:00 p.m., Wednesday, August 11, 2004. The bids have been checked for accuracy, no errors were discovered. A tabulation of the bids is enclosed with this letter, with the summary amount for each bid shown below. Contractor Bid Amount Kimbel Plumbing, Inc. Garver Engineers' Estimate W.N. Couch, Inc. $ 365,945.00 $ 41 1,175.00 $ 584,053.50 Kimbel Plumbing, Inc. submitted the lowest bid for the work contained in the Plans. We believe this bid represents a good value to the City of Fayetteville, and recommend award of the construction contract to Kimbel Plumbing, Inc. for $365,945.00. Please call me if you have any questions. Sincerely, GARVER ENGINEERS Senior Design Engineer Enclosure — As Noted Cc: Peggy Vice — Purchasing Agent Bnvtwood, TN • Fayetteville. AR • Huntsville, AL • Little Rock, AR • Jackson, MS • Norman, OK • Topeka, KS • Tulsa, OK UPS -WORK ORDER 2.XLS/bid tab o< 0 Garver Project No. 0296-3500(2) Total Bid Prices 111, La La La ta La la NJ NJ NJ NJ ts) NJ NJ NJ NJ NJ T UA w N-- 0 NO 00 J T ttA A w N r 0 NO O0 -.1 T M g .-] CI. T N A T 9 0 0 0 X R R .. N W r N W 0 w, _ a' n n n = d w w w 3 g; co co co cn cn 0 ❑ n '9 0 0 N .CO-. -3 -1 •ni O W W N W Wni ni •ni C' 3-3 g n n w t0 n n ".. ' •ni Q 11 0. ^ ^ < < < !n to cn `_ o 0 d5. o c w as r co .< o rg n n n n a C o. d 0 CT c a rt ,-. 0 0 A n S n d 0. ' d N X0 ' CD A R R R n 0 -0. r x< a rn v' o n i4 -1 S02 ac 0 c ci o - 0• a ,o CTIS0AD. COa- O ? 0 0 o c < 0 A. .-•-•--UUOJ0"Ur AUArO rr0 r NO A O U rrrrrrc-naaaaa�-<999999rrraaaaaaaaaor-� U r .9 0 `= ❑❑❑ t9 CD rt r 0 Mr A w N r 0 t0 00 J T U A W N r N w n n n ?1 ON 00 ON 00 N Q O: 00 .O .9 .O-. -• .C. !0 n 0 x X 2 •9 •D 0 0 > > > z °: w T 00 =. < < `_ 'O 9 .0 t w w 9 -0 •00 Iv 0 �0 �0 m m y a a c' -. '�1 0 0 n n m x, x, y F E, OC CDR 0 X. -• -. 3 S s R 0 R 00 1 1 a m 00 Z. oo `< << n n a r r C 0 m o o Co P w 0 n ro w w CO o<< w' is is to ro w <'3 3 << n 0 5'9. 5. E.co E :T w w < 00< n o 0 CO x N N v. 3-3 LA A T A T N_ T W r O p Pco O O Estimated Item Description Quantity Unit S 411,175.00 N to N U O U O O O O O O 0 0 0 — O O •-• N 0--• O r W O 0 U O T O O O O O 0 0 0 0 0 0 0 r U O 0 r W r r N N W N N r N N W U -I r 0 NJ 0 0 U 40 to O U U T T U O U O O U r A r O 0 U 0 0 0 0 O o A A o 0 U 0 0 0 0 0 0 0 0 N U 0 0 0 0 0 0 0 0 0 T O U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Eng Unit Price N U N0 W A •-• A U O U 0 0 00 O A W O O O O O D U O O D O O O O O O O O O O O o 0 0 0 0 0 0 0 0 O O co O O O O O co co U N U O 0 O w •O U T N .3N T U 00 N T N --1 w w. A J N U J U O 00 N O U J O W W A O O O O U O U O N 00 N U O U O O O U O O U o 0 Ll O O O O O O O O O O O O O O O O O O O o CD 0 b 0 U b0 b0 b0 b0 b b0 O b b0 b b 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O A T U O O O O O O O O O O O O O co O �] O r N O A N r to U to O •0 O to O O O O o 0 0 0 0 0 co co O O O O O 00 O 0 O N N N N W N N N A N N A W T T T N U U O U O N A U 00 O A U A U O N •0 N T W A A O O 0 O O O O O O O O O O O O O O O O O O O O W A CO 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 C 0 0 0 0 0 G0 O O O O O O O O O O O O O co O O O O O O O o 0 0 0 0 0 Kimbel Plumbing, Inc. Unit Price Extension V W T_ VI A0 to • p r r A T U 0 0 0 0 0 O O O 0 0 0 O O O --1 •O r N T •- A 0 in J Oo O J A o o 0 ....1 O to to O O O U O O O 0 0 0 0 0 0 0 O O O O O O O N 00 O O 0 O r r U W N W •0 00 A 00 T N W W r r A J W. N J U N r A in N w ..00N N O O c O Ula) T as O N w N O A OD in N b Na A to O O to O co O o A U0 O O O O A oO v b O0 00 Oo O O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O W U N W N N N O O in in w A A N N w A W A O to T t0 G in r 0 O O O O A W to O O O O O O Ln U O O O O O A U T O U O O O O O O O N o 00 0 0 0 --1 N T U O U O O T U J O U O U O O --1 O O O LA O O O o CO bbObbbbbbbbbbbbobbbbbbinbbbbbbbecObbbio O O O co O O O O O O O O O O O O o O O O O O O O O O O O O O O O O O o 0 U W.N. Couch, Inc. Unit Price I Extension K tto. A 0 U La to p rr W U N O O U O O O O O O 0 0 0 0 O O — W W W r N A N U b U U r O0 N t0 N r N r J r T N A NOD in i n U T O 0 N 4 A O 00 4O T A O N W 00 r- A- T N T O O_ A O to A o o O O J O to O to O O O t. O O to O to O O W to O to O O O to O O O O N O0 0 O U O O O O O O O U 0 0 0 0 0 0 0 J O O O O O O O O O o O O O T 0 G 0 O 0 0 0 0 0 0 C o 0 0 0 0 0 C o in O O o 0 o 0 o 0 0 0 0 0 0 O 0 0 0 0 O O O 0 O 0 O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 co n n v m r co m o r 90 z > m m � m 1-0 n1-3 n m ni m 0 0 O rn z 0 PR•JECT LOCATION #1 • VICINITY MAP 'NO SCALE UNIVERSITY OF ARKANSAS EXPERIMENTAL FARM r PROJECT LOCATION #2 MN MELMM� HOLLY HOLLY D INGION OR VICINITY MAP NO SCALE LE_ ItlI_s _ \II�E ENTER, ® MOU I� . "t E MWNiN .�� E ROCK La 2 ©�El ■,! elf 0 idelddli ARC: BALD 2<'< mil/ and �I/ 5TH liVr 180 2 a 6TH N N w ]IH 16 15 E .7TH 21 22 I u >1 ...1 to gE 11M 2. rm 11 Walker '" -�_N Park VICINITY MAP 'NO SCALE UNIVERSITY OF ARKANSAS EXPERIMENTAL FARM r PROJECT LOCATION #2 MN MELMM� HOLLY HOLLY D INGION OR VICINITY MAP NO SCALE LE_ • • Section 00500 AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT is dated as of the 21st day of September in the year 2004 by and between the City of Fayetteville, Arkansas (hereinafter called FAYETTEVILLE) and Kimbel Plumbing, 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: Accelerated Waterline Replacement Program Installation of 6" and 8" PVC water mains, along with steel encasement pipes, taps of various sizes, ductile iron water fittings, water valves, fire hydrants, water service lines, water meters, connections to existing water lines and services, and pavement repairs as necessary, in and along College Avenue and Lewis Avenue in Fayetteville, Arkansas. Article 2. ENGINEER. The Project has been designed by: Garver Engineers, LLC 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 90 consecutive calendar days after the date when the Contract Time commences to run as provided in paragraph 2.03 of the General Conditions, and fully completed and ready for final payment in accordance with paragraphs 14.07 B & C of the General Conditions within 120 consecutive calendar days after the date when the Contract Time commences to run. Accelerated Waterlines 00500 (1) Garver No. 0296-3500 Work Order No. 2 • • 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.B of the General Conditions. Changes, modifications, or amendments in scope, price, or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost, or fees. 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 & 14.02.D of the General Conditions: Accelerated Waterlines Work Order No. 2 00500 (2) Garver No. 0296-3500 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 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 Accelerated Waterlines Work Order No. 2 00500 (3) Garver No. 0296-3500 • • assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data conceming conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to the employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 6.5. CONTRACTOR is aware of the general nature of work to be performed by 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 1 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. 7.9. Drawings (not attached hereto) consisting of a cover sheet and sheets numbered 1 Accelerated Waterlines 00500 (4) Garver No. 0296-3500 Work Order No. 2 through 7, inclusive with each sheet bearing the following general title: City of Fayetteville Accelerated Waterline Replacement — Work Order No. 2 7.10. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: 7.10.1. Notice to Proceed 7.10.2. All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.04 of the General Conditions. The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions. Article 8. MISCELLANEOUS. 8.1. Terms used in the Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be. assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3. 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. 8.5 Freedom of Information Act: City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the Contractor will do everything Accelerated Waterlines Work Order No. 2 00500 (5) Garver No. 0296-3500 09-02-'04 15:25 FROM -411 • T-231 P02/02 U-885 Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 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 OWNER: City of Fayetteville By: Mayor [CORPORATE SEAL] Attest 20 (which is the Effective Date of the Agreement). CONTRACTOR: (Aga- P&,J iem 6 ANG By: Attest Pion srOr,O-r Title [CORPORATE SEAL] Address for giving notices Address for giving notices (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.) Accelerated Waterlines Work Order No. 2 (If CONTRACTOR is a corporation, attach evidence of authority to sign) 00500 (6) Garver No. 0296-3500 • • STAFF REVIEW FORM — FINANCIAL OBLIGATION X AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of September 21, 2004 FROM: Sid Norbash ..i►t/ Engineering CP& E Name Division Department ACTION REQUIRED: Award of the construction contract to Kimbel Plumbing, Inc. in the amount of $365,945.00 for Accelerated Water Line Replacements Project Phase II, and approval of the project contingency fund in the amount of $54,891 (15%). COST TO CITY: $420,836 00 Cost of this Request 5400-5600-5808-00 Account Number 02125-0020 Project Number $1,157,562 Accelerated W/L Replacements Phase II Category/Project Budget 2004 Program Category/Project Name $724,590.70 Water & Sewer Imprvts. ands Used To Date 2004 Program/Project Category Name $432,971.30 Water/Sewer Remaining Balance 2003 Fund Name B��EW: x Budgeted .. 7-t"Q 7 udg anager Date Budget Adjustment Attached WRsAtACill7,9,ANT/LEASE REVIEW: A. `pturage'ecet. — opDate( ( City Attorney ( Date Its al u it sz Purchasing Manager Dat Date STAFF RECOMMENDATION: Approval of the contract, and project contingency. a 1sio / � W4,77 FA IV • 1 t Oy 7-7-046 nt Director /'p it Finance and,intema Services Director tmstrative Utticer Date 9- -4 Date Date Mayor Date Received in Mayor's Office Cross Reference : Prev Ord/Res #: Orig. Contract Date: Orig. Contract New Item: Yes X No ate)p Clarice Pearman - Kimbel Plumbing From: Clarice Pearman To: Norbash, Sid Subject: Kimbel Plumbing Page 1 Sid, The Council passed a resolution regarding the waterline replacement project and awarded a contract to Kimbel. I do not have a signed agreement for this resolution. Please let me know when I might expect one. Thanks. Clarice MESSAGE FOR - "'s DATE ' b Q ( Q TIME I I acs M OF PHONE FAX TELEPHONED PLEASE CALL CAME TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU RUSH RETURNED YOUR CALL -I SPECIAL ATTENTION i MESSA E 11`. +l a, r�J •• 00 • 4.ja a- ' Qn`' Gh n .�`� t1t4�� V SIGNFD SC5805 FAYETTEALLE THE CITY OF FAYETTEVILLE, ARKANSAS City Clerk Division DEPARTMENTAL CORRESPONDENCE • 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575-8323 Fax: (479) 718-7695 city_cl a rk®c i.fayettevi I le.a r. us To: Sid Norbash Engineering Division From: Clarice Buffalohead-PearmarM City Clerk Division Date: October 14, 2004 Re: Resolution No. 154-04 The City Council passed the above resolution October 5, 2004, awarded Bid No. 04-61 to Kimbel Plumbing, Inc. I have attached a copy of the resolution and six of the eight original contracts. This resolution will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the clerk's office know. Attachment(s) cc: Nancy Smith, Internal Auditor Clarice Pearman - Contracts From: Peggy Vice To: pap@multi-craft.net Date: 10/13/04 3:42PM Subject: Contracts Pat- It was good to get to talk to you this morning. It took longer than I anticipated to get the contracts put together. We are having a software problem that has been taking a lot of my time. Please print these out and sign them and let me or Stanley Williams at 443-3292 know when they are signed and if you don't have anyone in this area to drop them off, we will make arrangements to get them picked up. Thanks for your help. Peggy Peggy Vice Purchasing Manager 113 W Mountain Fayetteville, AR 72701 479/575-8289 fax: 479/575-8241 CC: Boettcher, Greg; Waste Water Treatment Plant; Whitaker, David Page 1 1 1 -1 1 1 1 1 1 1 SPECIFICATIONS MICROFILME1 15q -a AND CONTRACT DOCUMENTS PREPARED FOR J PROJECT • 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 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SPECIFICATIONS AND CONTRACT DOCUMENTS CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS ACCELERATED WATERLINE REPLACEMENT WORK ORDER NUMBER 2 JULY, 2004 PREPARED BY: GARVER 1 ENGINEERS 3810 Front Street Suite 10 Fayetteville, Arkansas 72703 Phone: (479) 527-9100 Fax: (479) 527-9101 www.garverengineers.com 08/09/ +. 11:47 5016824508 ARDEPTLAB0R . PAtE 03 \ I I / I 'U z 0 z x \ \ \ I ii 4, E 45 § § 2�EI 22$8 22ja w .�, a&�2 § E k § § \ \ E § \O Zr § a 2 @ /§$ ' L) §E� §7/ \\§ <2 \±e o@$ LLJQC -J )fI ice\ �Q/ \ $_q C§ ? \ §j a - U, §o/ qog /§o §�§ E§[ 0 k±/ §§§ LUO\ /a/ I I I CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS ACCELERATED WATERLINE REPLACEMENTS, WORK ORDER NO.2 ' To: All Bidders ADDENDUM NO.! August 9, 2004 This addendum becomes a part of the "Specifications and Contract Documents". It shall be stapled behind the front cover page of the original documents. Proposals may not be accepted unless this addendum is so included. Replace all original plan sheets and contract documents with the revised sheets and pages attached to this addendum. All provisions of the original "Specifications and Contract Documents" shall remain in full force and effect, ' except as modified by this Addendum No. 1. MODIFICATION TO THE CONTRACT DOCUMENTS ' I. Letter from Arkansas Department of Labor Concerning Arkansas Prevailing Wage Determination. 2. ARKANSAS DEPARTMENT OF LABOR PREVAILING WAGE DETERMINATION — HEAVY RATES; Number 04-052. ' 3. STATEMENT OF INTENT TO PAY PREVAILING WAGES Form. 4. Section 00100 — Instructions to Bidders. Paragraph 3.8 — Delete this paragraph in its entirety and replace with the following: ' "3.8 A pre -bid meeting will be held for this project on August 9, 2:00 P.M, at the office of Garver Engineers, located at 3810 Front Street, Suite 10, Fayetteville, Arkansas, 72703. Attendance at ' this meeting is strongly encouraged but is not mandatory." MODIFICATIONS OR CLARIFICATIONS TO THE PLANS ' 1. None I I I I ' END OF ADDENDUM NO. 1 Pagel of l 1 08/09/2004 11:47 5016824508 ARDEPTLABOR PAGE 01 J H I C I C I I ri IJ I STATE OF ARKANSAS ARKANSAS DEPARTMENT OF LABOR 10421 WEST MARKHAM • LITTLE ROCK. ARKANSAS 72205-2190 (501) 682.4500 • FAX (501) 882-4535 • TDD: (800) 285-1131 August 9, 2004 Mr. Jerry C. Morrow Garver Engineers, LLC 3810 Front Street, Suite 10 Fayetteville, AR 72703 Re: Accelerated Waterline Replacement Work Order No. 2 Fayetteville, Arkansas Washington County Dear Mr. Morrow: James L. Salkeld Outdor In response to your request, enclosed is Arkansas Prevailing Wage Determination Number Q4-osz establishing the minimum wage rates to be paid on the above -referenced project. These rates were established pursuant to the Arkansas Prevailing Wage Law, Ark. Code Ann. §§ 22-9-301 to 22-9-315 and the administrative regulations promulgated thereunder. If the work is subject to the Arkansas Prevailing Wage Law, every specification shall include minimum prevailing wage rates for each craft or type of worker as determined by the Arkansas Department of Labor Ark. Code Ann, § 22-9-308 (b) (2). Also, the public body awarding the contract shall cause to be inserted in the contract a stipulation to the effect that not less than the prevailing hourly rate of wages shall be paid to all workers performing work under the contract, Ark. Code Ann. § 22-9-308 (c). Additionally, the scale of wages shall be posted by the contractor in a prominent and easily accessible place at the work site. Ark. Code Ann. § 22-9-309 (a). Also enclosed is a "Statement of Intent to Pay Prevailing Wages" form that should be put in your specifications along with the wage determination. The General/Prime Contractor is responsible for getting this form filled out and returned to this office within 30 days of the Notice to Proceed for this project. When you issue the Notice to Proceed for this project, please mail or fax a copy of the notice to my office. If you have any questions, please call me at (501) 682-4536 or fax (501) 682-4508. ' Enclosures Sincerely, Don Cash Prevailing Wage Division I 08/09/2004 11:47 5016824508 PAGE 02 I C I I LI Page 1 of DATE: PROJECT: ARKANSAS PREVAILING WAGE August 9, 2004 Accelerated Waterline Rep Work Order No. 2 Fayetteville, Arkansas DEPARTMENT OF LABOR DETERMINATION - HEAVY RATES DETERMINATION #: 04-052 acement COUNTY: Washington EXPIRATION DATE: 2-9-05 SURVEY #: 704 -ANUS ' CLASSIFICATION Bricklayer/Pointer, Cleaner, Caulker Carpenter ' Concrete Finisher/Cement Mason Electrician/Alarm Installer Ironworker (Including Reinforcing Work) ' Laborer Pipelayer Truck Driver I H I I I I Power Equipment Operators: Asphalt Paver Backhoe, Rubber tired 1 yd. or less Bulldozer, Finish Bulldozer, Rough Crane, Derrick, Dragline, Shovel & Backhoe Distributor Front End Loader, Finish Front End Loader, Rough Mechanic Motor Patrol, Finish Motor Patrol, Rough Roller Scraper, Finish Scraper, Rough Trackhoe BASIC HOURLY RATE 9.35 14.05 14.00 13.30 16.30 9.35 9.35 13.50 12.55 13.90 15.00 10.60 13.05 12.35 13.70 10.65 14.70 13.05 9.35 12.40 11.75 11.25 16.73 FRINGE BENEFITS 1.75 1.00 Welders —receive rate prescribed for craft performing operation to which welding is incidental. Certified July 1, 2004 Classifications that are required, but not listed above, must be requested in writing from the Arkansas Department of Labor, Prevailing Wage Division. Please call (501) 682-4536 for a request form. I. 1 I I I I I I I I I LI Ll I CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS ACCELERATED WATERLINE REPLACEMENTS, WORK ORDER NO.2 ADDENDUM NO.! August 9, 2004 Enclosed is Addendum No. I for the above referenced project. Please sign below, certifying that you have received the addendum, and transmit this Page only back to us by facsimile (479-527-9101). Please call Jerry Morrow or Chris Buntin at 479-527-9100 if you have any questions. I hereby acknowledge receipt of Addendum No. I to "ACCELERATED WATERLINE REPLACEMENTS, WORK ORDER NO. 2" in Fayetteville, Arkansas. k1 wt l6 I Title Company Date I Note: Bids may be rejected from Bidders who do not acknowledge receipt of this addendum as specified above. I Ll I I U C I 1 1 CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS ACCELERATED WATERLINE REPLACEMENT WORK ORDER NUMBER 2 SPECIFICATIONS AND CONTRACT DOCUMENTS I hereby certify that the City of Fayetteville Accelerated Waterline Replacement — Work Order Number 2 Plans and Specifications were prepared by me or under my direct supervision, and that I am duly Licen ggioeei°NNt er the laws of the State of Arkansas. 1 Name: 1 I I J I I I I I J ARKANSAS REGISTERED PROFESSla')rf No.5699 Date: i'/9-cd CERTIFICATE OF AUTHORIZATION BY GARVER ENGINEERS, INC. �': GARVER ':v,' I ENGINEERS:a LLC cZ ;gpe,No. 766.'z-4 (Seal) I tSECTION 00005 ' TABLE OF CONTENTS ACCELERATED WATERLINE REPLACEMENT WORK ORDER NUMBER 2 NO. TITLE PAGES 00005 Table Of Contents 00005-1 to 2 00020 Advertisement For Bids 00020-1 BIDDING REQUIREMENTS 00100 Instructions To Bidders 00100-1 to 9 00300 Bid Form 00300-1 to 4 00350 Bid Bond 00350-1 to 2 Notice Of Selection 00350-3 ' CONTRACT FORMS AND CONDITIONS 00500 Agreement Form Between Owner & Contractor 00500-1 to 6 Construction Performance and Payment Bond -Exhibit A 00500-7 to 10 Certificates Of Insurance - Exhibit B 00500-1 l to 13 00700 General Conditions 00700-1 to 42 00800 Supplementary Conditions 00800-1 to 15 1 SPECIFICATIONS ' DIVISION 1 - GENERAL REQUIREMENTS 01010 Summaryof Work 01010-1 to 3 01025 Measurement and Payment 01025-1 to 9 01035 Modification Procedure 01035-1 to 3 01040 Coordination and Meetings 01040-1 to 4 ' 01051 Construction Surveys 01051-1 to 2 01060 Regulatory Requirements 01060-1 to 2 01090 Reference Standards and Abbreviations 01090-1 to 3 01300 Submittals 01300-1 to 4 01410 Testing Laboratory Services 01410-1 to 3 01500 Construction Facilities & Temporary Controls 01500-1 to 5 01620 Storage and Protection 01620-1 to 2 ' 01630 Product Options and Substitutions 01630-1 to 2 01700 Contract Closeout 01700-1 to 5 I Accelerated Waterlines 00005 (1) Garver No. 0296-3500 Work Order No.2 NO. TITLE PAGES DIVISION 2- TECHNICAL SPECIFICATIONS 02100 Site Preparation 02100-1 to 5 02161 Trench Excavation and Safety 02161-1 02270 Erosion Control 02270-1 to 6 02314 Steel Encasement Pipe and Carrier Pipe Installation 02314-1 to 5 02525 Curbs and Sidewalks 02525-1 to 4 02599 Pipe in Casing 02599-1 Appendix A City of Fayetteville Standard Specifications for Waterline Construction I to 32 Appendix B Special Provisions to Fayetteville Standard Specifications for Waterline Construction SP -1 to 2 Appendix C City of Fayetteville Landscape Manual, Chapter 5 Appendix D Water Meter Adjustments Appendix E 29 CFR Part 1926 Subpart P, OSHA Standards 1to14 1 to 2 Ito55 Accelerated Waterlines 00005 (2) Garver No. 0296-3500 Work Order No.2 I Li I I H I H I L H H H I I I I I Section 00020 ADVERTISEMENT FOR BIDS BID NO. 04-61 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 August 11, 2004 for furnishing all tools, materials, and labor and performing the necessary work for the Accelerated Waterline Replacement Work Order Number 2 in Fayetteville, Arkansas. At this time and place, all bids received will be publicly opened and read aloud. The work generally consists of: Installation of 6" and 8" PVC water mains, along with steel encasement pipes, taps of various sizes, ductile iron water fittings, water valves, fire hydrants, water service lines, water meters, connections to existing water lines and services, and pavement repairs as necessary, in and along College Avenue and Lewis Avenue in Fayetteville, Arkansas. 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 $75.00. Partial Plan sets will not be sold. This amount shall be made payable to Garver Engineers and is non-refundable. The bidders shall make such inspection and studies of the site of the work as to familiarize themselves with all conditions to be encountered. Bid security, as defined in the Instructions To Bidders, in the amount of 5 percent of the Bid must accompany the Bid. The successful Bidder will be required to furnish a Performance Bond and a Payment Bond as security for the faithful performance and the payment of all bills and obligations arising from the performance of the Work. No Bids may be withdrawn within a period of 60 days after the date fixed for opening Bids. Bidders must be licensed under the terms of Act 150, Arkansas Acts of 1965, as amended. The City 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 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 of their 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. Accelerated Waterlines Work Order No. 2 Peggy Vice, Purchasing Officer 00020 (1) Garver No. 0296-3500 I ' Section 00100 ' INSTRUCTIONS TO BIDDERS 1 DEFINED TERMS 1.1 Terms used in these Instructions to Bidders which are defined in the General Conditions have the ' meanings assigned to them in the General Conditions. Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2 Bidder - one who submits a Bid directly to Owner as distinct from a sub -bidder, who submits a bid to a Bidder. 1.3 Issuing Office - the office from which the Bidding Documents are to be issued and where the bidding procedures 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. I Accelerated Waterlines Work Order No. 2 00100(1) Garver No. 0296-3500 I I I I I I Prior to submitting any Bid, Bidders are required to: read carefully the Specifications, contract, and Bonds; examine carefully all Drawings; visit the site of the Work to carefully examine local conditions; inform themselves by their independent research and sounding of the difficulties to be encountered, and all attending circumstances affecting the cost of doing the work, and the time specified for its completion; and obtain all information required to make an intelligent bid. 3.2 Bidders shall rely exclusively upon their surveys, estimates, investigations, and other things which are necessary for full and complete information upon which the bid may be made and for which a contract is to be awarded. The Bid Form, providing for unit and lump sum prices bid by the Contractor, contains a statement that all bids are made with the full knowledge of the difficulties and conditions that may be encountered, the kind, quality and quantity of the plans, work to be done, excavation, and materials required and with full knowledge of the drawings, profiles, specifications, and estimates and all provisions of the contract and Bonds. ' 3.3 Bidders shall promptly notify Engineer of all conflicts, errors, ambiguities, or discrepancies which Bidder has discovered in or between the Contract Documents and such other related documents. L L L I I I I H 3.4 Information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities or others, and Owner and Engineer do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 3.5 On request, Owner will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests, and studies. 3.6 Reference is made to the General Requirements for the identification of the general nature of work that is to be performed at the site by Owner or others (such as utilities and other prime contractors) that relates to the work for which a Bid is to be submitted. On request, and as available, Owner will provide to each Bidder, for examination, access to or copies of Contract Documents (other than portions thereof related to price) for such work. 3.7 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 3, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences, or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Contract Documents and that the written resolutions thereof by Engineer are acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. Accelerated Waterlines Work Order No. 2 00100 (2) Garver No. 0296-3500 n I I I I I I 3.8 A pre -bid meeting will be held for this project on August 9, 2:00 P.M, at the office of Garver Engineers, located at 3810 Front Street, Suite 10, Fayetteville, Arkansas, 72703. Each plan holder (potential bidder who has purchased plans, specifications, and contract documents) will be sent a notification regarding the time and location of this meeting. Acknowledgement of notification will be required. A potential bidders representative must be present at this pre -bid meeting in order for 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 and will be considered non -responsive and will not be read out loud. It is recommended, but not mandatory, that sub -contractors be present at the pre -bid conference. 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 maybe required for the completion of the proposed work. However, such ' quantities, at the unit and lump sum prices bid for each item, shall determine the amount of each bid for comparison of Bids and aid in determining the low and responsive Bidder for the purpose of awarding the contract, and will be used as basis for fixing the amount of the required Bonds. 1 Accelerated Waterlines 00100 (3) Work Order No. 2 Garver No. 0296-3500 r 7 UNIT PRICES I I I I 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 maybe rejected at the discretion of Owner. 7.3 By submission of a Bid, Bidder represents that Bidder has considered the entire Project and the Work required, and has reviewed the Drawings and Specifications to verify the full scope of the Work. ' 8 BID FORM I I L L fl 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. 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. Accelerated Waterlines 00100 (4) Work Order No. 2 Garver No. 0296-3500 I I 9 SIGNATURE ON BIDS I I II 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. C C 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. ' 10 BID SECURITY C C C I I I I I 10.1 Bid security, in the form of a bid bond, certified check, or similar financial instrument, in the amount stated in the Advertisement For Bids, must accompany each bid. Bid bonds for the difference in price between low bidder and second low bidder will not be acceptable. The Successful Bidder's security will be retained until Owner receives a signed Agreement and required Bonds and Certificates of Insurance. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. 10.2 The Owner reserves the right to retain the security of the three low bidders until the Successful Bidder enters into the Contract or until 60 days after bid opening, whichever is sooner. Cash equivalent security of the second and third low bidder may be exchanged for an equivalent bid bond after bid tabulations are complete or 30 days after bid opening, whichever is sooner. If any Bidder refuses to enter into an Agreement, Owner may retain Bidder's bid security as liquidated damages but not as a penalty. 11 PERFORMANCE BOND AND PAYMENT BOND 11.1 Prior to signing the Agreement, Contractor shall furnish a surety performance Bond and a payment Bond, equal to one hundred percent of the contract price. 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 Accelerated Waterlines Work Order No. 2 00100(5) Garver No. 0296-3500 I 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 Ito that effect, shall promptly execute and furnish acceptable Bonds in the amounts herein specified. Upon presentation of acceptable Bonds, the unsatisfactory Bonds may be canceled at the discretion of Contractor. 12 CONTRACT TIME ' 12.1 The number of days within which, or the dates by which the Work is to be substantially completed and also completed and ready for final payment is outlined in the Bid Form. ' 13 LIQUIDATED DAMAGES iJ iII I 13.1 Provisions for liquidated damages, if any, are set forth in the Bid Form. 14 SUBCONTRACTORS SUPPLIERS AND OTHERS 14.1 Contractor shall not assign or sublet all or any part of this contract without the prior written approval of Owner nor shall Contractor allow such subcontractor to commence work until approval of workman's compensation insurance and public liability insurance as may be required. Approval of each subcontract by Owner will in no manner release Contractor from any obligations as set out in the Drawings, Specifications, contract, and Bonds. 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 maybe furnished 1 Accelerated Waterlines 00100 (6) Work Order No. 2 Garver No. 0296-3500 I C I 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 I I I I 16.1 Contractors must be licensed in accordance with the requirements of Act 150, Arkansas Acts of 1965, the "Arkansas State Licensing Law for Contractors". Bidders who submit Bids in excess of $20,000 must submit evidence of their having a contractor's license before their Bids will be considered, and shall note their license number on the outside of the envelope containing the Bid Form and on the Bid Form. 17 QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS 17.1 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days after bid opening, upon Owner's or Engineers's request, detailed written evidence such as financial data, present commitments, and other such data as may be called for. Each Bid must contain evidence of Bidder's qualification to do business in the State of Arkansas. 18 DISQUALIFICATIONS OF BIDDERS ' 18.1 Any one or more of the following may be considered as sufficient for the disqualification of bidders and the rejection of Bids. I18.2 More than one Bid Form for the same work from an individual, firm, partnership, or corporation under the same or different names. ' 18.3 Evidence of collusion among bidders. Participants in such collusion may receive no recognition as bidders for any future work. 18.4 Unbalanced Bid Forms in which the prices for some items are out of proportion to the prices for other items, or changes written in, or amendments by letter, or failure to submit a unit price for ' each item of work for which a bid price is required by the Bid Form, or failure to include all required contract documents. 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. I 18.7 Uncompleted work which, in the judgement of Owner, might hinder or prevent the prompt completion of additional work if awarded. I Accelerated Waterlines 00100 (7) Work Order No. 2 Garver No. 0296-3500 ' 18.8 Being in arrears on existing contracts, in litigation with Owner, or having defaulted on a previous contract. 1 19 OPENING OF BIDS I19.1 Bids will be opened and read aloud publicly at the place where Bids are to be submitted in a room to be designated by Owner the day of the bid opening. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. ' 20 CONSIDERATION OF BIDS 20.1 After the bids are opened and read, the quantities will be extended and totaled in accordance with the bid prices of the accepted Bids. This review of the Bids will confirm the low bidder. ' 20.2 In evaluating Bids, Owner will consider the qualifications of Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data as may ' be requested in the Bid Form or prior to the Notice of 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 ' 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. 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 of a contract upon a successful Bid shall give the Bidder no right to action or claim against Owner upon the contract until the contract is reduced to writing and signed by the ' contracting parties. The letting of a contract shall not be complete until the contract is executed and the necessary Bonds approved. I Accelerated Waterlines 00100 (8) Work Order No. 2 Garver No. 0296-3500 Hi ' 23 RETAINAGE I 23.1 Provisions concerning retainage and Contractor's rights to deposit securities in lieu of retainage are set forth in the Agreement. ' 24 SIGNING OF AGREEMENT I Li 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 I I I I I H I H H L I 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. 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 Arkansas Department of Health Regulations and Requirements 27.2 Arkansas Act 291 of 1993, dealing with excavation safety, signed into law on March 1, 1993. End of Instructions to Bidders Accelerated Waterlines 00100 (9) Work Order No. 2 Garver No. 0296-3500 I I I I I I Hsi CI H H H H El El El Ii Section 00300 t) ' Contract 04-61 ACCELERATED WATERLINE REPLACEMENT PROGRAM WORK ORDER NO. 2 Fayetteville, Arkansas Bid of K. m'bet P1 Kmb+ hq T -M . (hereinafter called "Bidder"), a corporation, organized and existing under the laws of the tate of Ar *.m4q , 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 July 25, and having examined the drawings and specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including normal inclement weather conditions and the availability of materials, and labor, hereby proposes to furnish all labor, materials, and equipment to construct the project in accordance with the Contract Documents, within the time set forth therein, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the Contract Documents. The costs of miscellaneous material items not listed below that are required for a complete job shall be included in the prices below and shall not be a cause for an extra. Bidder hereby agrees to commence work under this contract on or before a date to be agreed upon by the Contractor and the Owner and to substantially complete the project within 90 consecutive calendar days, and to be fully complete with the project within 120 consecutive calendar days after that agreed date as stipulated in the General Conditions. Bidder acknowledges receipt of the following addendum Addendum No. d1 Accelerated Waterlines Work Order No. 2 00300 (1) Garver No. 0296-3500 I I I I I Li C I I I I I L L I I. I I Item Description Unit Amount Unit Price Cost 1 8" PVC C-900 DR -14 Waterline LF 2760 Q 980 2 6" PVC C-900 DR -14 Waterline LF 120 1/ yU �{( S Zi� d f f Cv� 3 Ductile Iron Fittings LB 2200 4/ 60 4 12"X8" Tapping Sleeve and Valve with Valve Box EA 1 0 Z 230 5 8"X8" Tapping Sleeve and Valve with Valve Box EA 3 /E o �D 6 6"X6" Tapping Sleeve and Valve with Valve Box EA 6 % �l3 Z �!� 7 8" Gate Valve with Valve Box EA 11 D O 8 6" Gate Valve with Valve Box EA 2 ZO 40 9 Fire Hydrant Assembly EA 6 �OC7 /7 10 Cut and Plug Existing 8" Water Main EA 4 {0 250 OOD 11 Cut and Plug Existing 6" Water Main EA 6 `f y v 12 Cut and Grout Existing Water Main EA 24 13 3" Polyethylene Service Line LF 25 l� J 6DO 14 2" Polyethylene Service Line LF 25 jy ,J/ OD 2 600 15 1" Polyethylene Service Line LF 700 v OoD 16 3" Service Saddle EA 1 250 Z5O O 17 2" Service Saddle EA I z9D zy� 18 1" Service Saddle EA 40 ZZo CJ W` 19 3" Ball Valve EA 1 20 2" Ball Valve EA 4 5 O ,nrI 21 1" Ball Valve EA 40 200 000 22 Permanent ACHM Pavement Repair SY 1925 /to I 260 23 Permanent Concrete Pavement Repair SY 150 O 3 00 Accelerated Waterlines 00300 (2) Garver No. 0296-3500 Work Order No. 2 I Item Description Unit Amount Unit Price Cost ' 24 Remove and Deliver existing Fire EA 14 Hydrant or Valve OC ) 25 Water Meter Yoke EA 1 -So ' 26 Water Meter Box EA 35 fL �/ �O 27 Water Meter Lid EA 29 y5D 28 Adjust Existing Meter Location EA 7 5 Q 7 c5v ' 29 16" Steel Encasement Pipe Installed By LF 40 z 5 / 1�-yo � Open Cut �D v" w 30 4" Concrete Sidewalk SY 25 2�75 31 2' Concrete Curb and Gutter LF 85 Zb 7dO 32 6" Concrete Curb LF 500 1 / O 33 Site Preparation LS 1 $ 7 17, �d 34 Trench Excavation and Safety LS 1 / l 5 s 35 Maintenance of Traffic LS I 36 Erosion Control LS 1 w0 /, OO ' TOTAL BID 3 S y5 I. ' Accelerated Waterlines 00300 (3) Garver No. 0296-3500 Work Order No. 2 The Bidder shall state the Unit Price and the Total Price Bid (written in ink or typed) for each pay item, and the total amount bid. In case of conflict between figures, the Unit Prices, unless obviously incorrect, shall govern. Bidder understands that 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, WtLIu P/kvnh )r,,ct TOcc j96rn ed Firm Name B ' it -n �.—�oyice� 81✓c� Address ' Ekye fAvi //e, 4f� 7.70 3 Ci State ' cog I9 50 3oS Arkansas State Contractor's License Number I End of Section 00300 - Bid Form LI I H. Accelerated Waterlines 00300 (4) Garver No. 0296-3500 Work Order No. 2 Ir L I I I I Section 00350 ;TLE LI*XEE STATE OF ARKANSAS KNOW ALL MEN BY THESE PRESENTS, that we: Principal and Contractor, and ' hereinafter called Surety, are held and firmly bound unto the City of Fayetteville , Arkansas and represented by its Mayor and City Council, hereinafter called Fayetteville, in the sum of I I I DOLLARS ($ lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, the Principal contemplates submitting or has submitted a bid to 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: ' Accelerated Waterline Replacement Work Order Number 2 City of Fayetteville, Arkansas WHEREAS, it was a condition precedent to the submission of said bid that a cashier's check, certified check, or bid bond in the amount of 5 percent of the base bid be submitted with said bid as a ' guarantee that the Bidder would, if awarded the Contract, enter into a written Contract with the Owner for the performance of said Contract within 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 of Fayetteville in good and lawful money of the United States of America, as liquidated damages for failure thereof of said Principal. Accelerated Waterlines 00350 (1) Garver No. 0296-3500 Work Order No. 2 1 IN WITNESS WHEREOF, the said , as Principal herein, has caused these presents to be signed in its name by its and attested by its under its corporate seal, and the said as Surety herein, has caused 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 day of A.D., 20_. Principal -Contractor By Title Attorney -in -Fact (Power -of -Attorney to be Attached) By Resident Agent Accelerated Waterlines 00350 (2) Garver No. 0296-3500 Work Order No. 2 I TO: 1 H. P I I NOTICE OF SELECTION PROJECT DESCRIPTION: Accelerated Waterline Replacement Work Order Number 2 Fayetteville has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated July 25, 2004 and Instructions to Bidders. You are hereby notified that your BID has been accepted in the amount of: You are required by the Instructions to Bidders to execute the Contract and furnish six (6) original CONTRACTOR'S Performance BOND, Payment BOND, and Certificates Of Insurance within ten (10) calendar days from the date of this Notice to you and insert bonds and certificates within the Contract. 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. Dated this day of , 20_. FAYETTEVILLE CITY ENGINEERING — By Title I by. I I I ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF SELECTION is hereby acknowledged IIks —1%'t_ this the a v — day of P ,20_C? Title f t-ti+d I Accelerated Waterlines 00350 (3) Garver No. 0296-3500 Work Order No. 2 I u Li H I I I IH H 11 I J Li I L L Section 00500 AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT is dated as of the _ day of in the year 2004 by and between the City of Fayetteville, Arkansas (hereinafter called FAYETTEVILLE) and (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: Accelerated Waterline Replacement Program Installation of 6" and 8" PVC water mains, along with steel encasement pipes, taps of various sizes, ductile iron water fittings, water valves, fire hydrants, water service lines, water meters, connections to existing water lines and services, and pavement repairs as necessary, in and along College Avenue and Lewis Avenue in Fayetteville, Arkansas. Article 2. ENGINEER. The Project has been designed by: Garver Engineers, LLC 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 90 consecutive calendar days after the date when the Contract Time commences to run as provided in paragraph 2.03 of the General Conditions, and fully completed and ready for final payment in accordance with paragraphs 14.07 B & C of the General Conditions within 120 consecutive calendar days after the date when the Contract Time commences to run. Accelerated Waterlines 00500 (l) Garver No. 0296-3500 Work Order No. 2 L P I I I I I I If delays in utility relocations by others impede the Contractor's progress for major Contract items and/or items critical to the prosecution of the work within the Contract Time, the Contract Time will be temporarily suspended or adjusted by the City as appropriate. During such periods, the Contractor will be allowed to work on minor Contract items, as approved by the City, without spending Contract Time. 3.2. Liquidated Damages. 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.B of the General Conditions. Changes, modifications, or amendments in scope, price, or fees to this contract shall not be allowed without ' a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost, or fees. 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 & 14.02.D of the General Conditions: Retainage: FAYETTEVILLE will retain ten percent of the value of completed Work until Accelerated Waterlines 00500 (2) Garver No. 0296-3500 ' Work Order No. 2 H I I L n I I I I I I I I I I I 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 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 14.072 & 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, Accelerated Waterlines Work Order No. 2 00500 (3) Garver No. 0296-3500 I C I I C CI investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to the employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 6.5. CONTRACTOR is aware of the general nature of work to be performed by 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 I to 6, inclusive). I 7.2. Performance and Payment Bonds, (Exhibit A). 7.3. Certificates of Insurance, (Exhibit B). ' 7.4. General Conditions (pages I to 42, inclusive). ' 7.5. Supplementary Conditions (pages 1 to 15, inclusive). 7.6. Specifications consisting of Sections as listed in Table of Contents herein. ' 7.7. Addenda numbers I to 1 , inclusive. Li I I 7.8. Drawings (not attached hereto) consisting of a cover sheet and sheets numbered I through 7, inclusive with each sheet bearing the following general title: Accelerated Waterlines 00500 (4) Garver No. 0296-3500 Work Order No. 2 I I I I I I n n I I City of Fayetteville Accelerated Waterline Replacement — Work Order No. 2 7.9. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: 7.9.1. Notice to Proceed 7.9.2. All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.04 of the General Conditions. The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions. Article 8. MISCELLANEOUS. 8.1. Terms used in the Agreement which are defined in Article I of the General Conditions will have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3. 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. 8.5 Freedom of Information Act: City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of ' Information Act request is presented to the City of Fayetteville, the Contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Accelerated Waterlines 00500 (5) Garver No. 0296-3500 ' Work Order No. 2 I I I I r I I H I I Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 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 1' �, 2061 (which is the Effective Date of the Agreement). OWN E City of ayett vine CONTRACT t 1n� �iq.6 c By: Mayor ' Address for giving notices 7 Title [CORPORATE SEAL] Attest /CC lJ/t'`�^- Address for giving notices (If FAYETTEVILLE is a public body, attach License No. OO1/'? SO 3 4S ' 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) Accelerated Waterlines 00500 (6) Garver No. 0296-3500 Work Order No. 2 AESTAR INSURANCE Comm KNOW ALL MEN BY THESE PRESENTS, that we KIMBEL PLUMBING, INC. as Principal, and ACSTAR INSURANCE COMPANY, 233 Main Street, P.O. Box 2350, New Britain, CT 06050-2350, as Surety, are held and firmly bound unto CITY OF FAYETTEVILLE (AR) 113 W. MOUNTAIN, FAYETTEVILLE, AR 72701 - as Obligee, hereinafter called the Obligee, in the penal sum of Three Hundred Sixty Five Thousand, Nine Hundred Forty Five Dollars and Zero Cents ($365,945.00) for which payment of well and truly to be made we do bind ourselves, our heirs, executors, administrators and assigns, firmly by these presents. WHEREAS, the principal entered into a certain contract with the Obligee, dated J 1 Li /WI for CITY OF FAYETTEVILLE ACCELERATED WATERLINE REPLACEMENT WORK ORDER #2, GARVER PROJECT #0296-3500 which contract and the specifications therefore shall be deemed a part hereof as fully as if set out herein. NOW THEREFORE, if the Principal shall well and truly perform all the work specified in said contract, and shall promptly make payments to all persons supplying the Principal with labor and materials in the prosecution of the work provided for in said contract, then this obligation shall be void; otherwise to remain in full force and effect. The foregoing obligation is subject to the condition that no suit or action shall be commenced hereunder after the expiration date of one year following the date on which Principal ceased work on said contract or the date on which final payment under the contract falls due, or the date on which goods and services were received by Obligee, whichever occurs first. The surety shall have no obligation to claimants who do not have a direct contract with the Principal. IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals this October 18, 2004 the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representatives, persuant to authority of its governing body. !y Name: Title: Pre5+Jt"� By He ozko, Jr. President I I ACSTAR INSURANCE COMPANY 233 MAIN STREET • P.O. BOX 2350 • NEW BRITAIN, CT 0605O-2350 • (8W) 224-2000 1 I I I BOND NO. c c31 c1 ' RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE ' This disclosure notice is required by the Terrorism Risk Insurance ACT of 2002 (the "Act"). No action is required on your part. This Disclosure Notice is incorporated in and a part of the attached bond, and is effective the date of the bond. ' You should know that, effective November 26, 2002, any losses covered by the attached bond that are caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Act. Under this ' formula, the United States reimburses 90% of covered terrorism losses exceeding the statutory established deductible paid by the insurance company providing the coverage. ' Under the Act, there is a cap on our liability to pay for covered terrorism losses if the aggregate amount of insured losses under the Act exceeds $100,000,000,000. ' during the applicable period for all insureds and all insurers combined. In that case, we will not be liable for the payment of any amounts which exceeds that aggregate amount of $100,000,000,000. ' The portion of your premium that is attributed to coverage for acts of terrorism is $0.00. IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY. I I 233 MAIN STREET • P.O. BOX 2350 NEW BRITAIN, CT 06050-2350 POWER OF ATTORNEY (860) 224-2000 N° 1 7998 This Power of Attorney must have original corporate seal, and red and blue ACSTAR logo to be valid. Know all men by these presents: That ACSTAR Insurance Company, a corporation of the State of Illinois, having its principal office in the City of New Britain, Connecticut, pursuant to the following Resolution, which was adopted by the Board of Directors of the said Company on June 26, 2003, to wit: RESOLVED, That the following Rules shall govern the execution for the Company of bonds, undertakings, recognizances, contracts and other writings In the nature thereof: (1) That the Chairman, the President, any Vice President and General Counsel, or any Attorney -In -fact, may execute for and on behalf of the Company any and all bonds, under- takings, recognizances, contracts and other writings in the nature thereof, the same to be attested when necessary by the Corporate Secretary, or any Assistant Corporate Secretary, and the seal of the Company affixed thereto; and that the Chairman or President may appoint and authorize any other Of lcer (elected or appointed) of the Company, and Attorneys -In -Fact to so execute or attest to the execution of all such writings on behalf of the Company and to affix the seal of the Company thereto. (2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed by the President and attested to by the Corporate Secretary. (3) The signature of the Chairman, the President, or a Vice President of the Company may be affixed by facsimile on any power of attorney granted pursuant to this Resolution, and the signature of a facsimile to any certificate of any such power, and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. (4) Such other Officers of the Company, and Attorneys -in -Fact shall have authority to certify or verify copies of this Resolution, the By -Laws of the Company, and any affidavit or record of the Company necessary to the discharge of their duties. does hereby nominate, constitute and appoint HENRY W. NOZKO, JR., ROBERT H. FRAZER, DAVID A. PRICE, MICHAEL P. CIFONE, JOAN C. FORTIER, HENRY W. NOZKO III each individually, its true and lawful Attorney -in -fact, to make, execute, seal and deliver on its behalf, and as Its act and deed any and all bonds, under- takings, recognizances, contracts and other writings in the nature thereof in penalties not exceeding TEN MILLION DOLLARS ($10,000,000.00) each, and the execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office. IN WITNESS WHEREOF, Henry W. Nozko, Jr., President, has hereunto subscribed his name and affixed the corporate seal of ACSTAR Insurance Company this 1st day of July 2003. ACSTAR Insurance Company by enry W. No Jr., Preciden STATE OF CONNECTICUT ) ss. NEW BRITAIN COUNTY OF HARTFORD ) On this 1st day of July 2003, before me, a Notary Public of the State of Connecticut came, Henry W. Nozko, Jr., President of ACSTAR Insurance Company, to me personally known to be the individual and officer who executed the preceding instrument, and he acknowledged that he executed the same, and the seal affixed to the preceding instrument is the corporate seal of said Company; that the said corporate seal and his signatures were duly affixed by the authority and direction of the said corporation, and the Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument, is now in force, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of New Britain the day and year first above written. LB LIC c* QI Y1 ppthi do J %-T\G% Notary Public - Andres M.Pepalardo I, the undersigned, Secretary or Assistant Secretary of ACSTAR Insurance Company, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy, is in full force and effect. In witness whereof, I have hereunto subscribed my name as Secretary or Assistant Secretary, and affixed the corporate seal of the Corporation, this 14z, +h day of n r^=t n t-, o r- 200/x- floben H. Frazer/Mlchael P. CU Secretary /Assistant Secretary I ACORD, CERTIFICATE OF LIABILITY INSURANCE 09/20/2o 4 PRODUCER (479)273-2471 FAX (479)271-2810 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ebb and Bentonville Insurance Agencies ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 003 5. E. Walton Blvd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. entonville, AR 72712 I' I ,IWC I 4 I 1411 141u, a11r 1678 E. Joyce Blvd. Fayetteville, AR 72703 INSURERS AFFORDING COVERAGE INSURER A: Hanover Insurance Cc INSURER B: INSURER C: INSURER D: NAIC # 020202 ... 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 DCYL TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERALUABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR ZDT7231393 03/25/2004 03/25/2005 EACH OCCURRENCE $ 1,000,00C X DAMAGE TO RENTED $ 100,000 MED EXP (Any one Person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOC JECT PRODUCTS-COMP/OP AGG $ 2,000, OO AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accdent) $ GARAGE LIABILITY MY AUTO AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGO $ $ EXCESS/UMBRELLA LIABILITY OCCUR I I CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ $ WORKERS COMPENSATION AND EMPLOYERSLIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? 1lyes desalbe under SPECIAL PROVISIONS below WC STATUS I OTH- E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER ESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS rtificate Holder is an additional insured with respects to General Liability regarding the City Fayetteville Accelerated Waterline Replacement Program Work Order No.2 City Of Fayetteville City Engineer Dept. 125 W. Mountain Steet Fayetteville, AR 72701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL KXXX MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ��X106Xoawrxx)wL MN=XX AUTHORIZED REPRESENTATIVE Sid Phillioov 25 (2001/08) V4( aACbRD CORPORATION 1988 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 D' pgspr TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONurn LIMITS GENERAL LIABILITY ZDT7231393 03/25/2004 03/25/2005 RENCE $ 1,000,000 COMMERCIAL GENERAL LIABILITY X ENTED $ 100,000 CLAIMS MADE X OCCUR onepen:on) $ 5,000 ADV INJURY MAGG�GATE $ 1,000,000 GREGATE S 2,000,00(1 GEWL AGGREGATE LIMIT APPLIES PER: COMP/OP AGO $ 2,000,000 POLICY OPRT - LOC JEC AUTOMOBILE IJABIU Y ANY AUTO COMBINED SINGLE LIMIT (Ea acddent) $ ALL OW NED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) BODILY INJURY (Per acddent) S HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per acddent) S GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC $ MV AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WCSTATU- 0TH - EMPLOYERS LIABILITY ANY PROPRIETORIPARTNER/EXECLTNE E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ OFFICERIMEMBER EXCLUDED? 11 describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS rtificate Holder is an additional insured with respects to General Liability regarding the City Fayetteville Accelerated Waterline Replacement Program Work Order No.2 Garver Engineers, LLC 3810 Front Street, Ste. 10 Fayetteville, AR 72703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL K UEX1X(1W/* MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ILIErKd11�IKD(AfdfdNtlE�4X110f9fAfkKMd(MKllfd(a�fK3(L151QXKKd(A(�l(XX AUTHORIZED 25(2001/08) FAX: (479)527-9101 CORPORATION 1988 I I I I I I I I 'I 1 1 I I I C I This document Fc imp,^,rtant'legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the )Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By �National Society of Professional Engineers AMERICAN CONSULTING Professional Engineersin Pdale Pact/cAMERICAN 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 s c` Contractors of America Construction Specifications Institute These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910-8-A-1 or 1910- 8-A-2) (1996 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC User's Guide (No. 1910-50). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1996 Edition). No. 1910-8 (1996 Edition) J 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 Y�YLC� r. ' TABLE OF CONTENTS ' I Pact ARTICLE I - DEFINITIONS AND TERMINOLOGY ..................................... 00700-6 ' 1.01 Defined Terms ...................................................00700 - 6 .................................... 1.02 Terminology..................................................... 00700 - ARTICLE2-PRELIMINARY MATTERS ............................................00700-9 ' 2.01 Delivery of Bonds ................................................. 00700 - 9 2.02 Copies of Documents ............................................... 00700 - 9 2.03 Commencement of Contract Times; Notice to Proceed .......................... 00700-9 ' 2.04 Starting the Work ................................................. 00700 - 9 2.05 Before Starting Construction .......................................... 00700 - 9 2.06 Preconsrrucrion Conference .......................................... 00700 - 10 2.07 Initial Acceptance of Schedules ........................................ 00700 - 10 IRTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ....................00700 - 10 ■■ 3.D1 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 . TICLE 4- AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS .............................................. 00700 - 11 4.01 Availability of Lands..............................................00700 - 11 ' 4.02 Subsurface and Physical Conditions ..................................... 00700 - 12 4.03 Differing Subsurface or Physical Conditions ................................ 00700 - 12 4.04 Underground Facilities ......................................... . ... 00700 - 13 4.05 Reference Points ..................... 00700 - 13 ............................ 4.06 Hazardous Environmental Condition at Site ........................... 00700 - 14 TICLE 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 Ceniftcates of Insurance ............................................ 00700 - 15 5.04 CONTRACTOR's Liability Insurance .................................... 00700 - 15 I5.05 OWNER's Liability Insurance ......................................... 00700 - 16 5.06 Property Insurance ............................................... 00700 - 16 5.07 Waiver of Rights ............................................... . . 00700 - 17 5.08 Receipt and Application of Insurance Proceeds .............................. 00700 - 18 ' 5.09 Acceptance of Bonds and Insurance; Option to Replace ............... 0 ........ 00700 - 18 5.10 Partial Utilization, Acknowledgment of Property Insurer ........................ 00700 -18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES ................................... 00700 - 18 ' 6.01 Supervision and Superintendence ....................................... 00700 - 18 6.02 Labor, Working Hours.............................................00700 - 19 6.03 Services, Materials, and Equipment ..................................... 00700- 19 ' 6.04 Progress Schedule ........ 00700 - 19 6.05 Substitutes and "Or -Equals" ...................... . ........ . . . ........ 00700 - 19 6.06 Concerning Subcontractors, Suppliers, and Others ............................ 00700 - 20 6.07 Patent Fees and Royalties ............................... . . .......... 00700 - 21 ' 6.08 Permits ........................................ ............. 00700-21 6.09 Laws and Regulations ......... ..................................... 00700 - 22 6.10 Taxes ........................................................ 00700-22 ' 6.11 Use of Site and Other Areas .......................................... 00700 - 22 6.12 Record Documents ................................................ 00700 - 22 6.13 Safety and Protection .............................................. 00700 - 23 6.14 Safety Representative ....... 00700 - 23 6.15 Hazard Communication Programs .............................. . ........ 00700 - 23 00700-3 I 6.16 Emergencies.................................................... 00700 - 23 6.17 Shop Draw ngs and Samples .......................................... 00700-23 i� 6.18 Continuing the Work ............................................... 00700 - 24 6.19 CONTRACTOR's General Warranty and Guarantee ........................... 00700-25 ' 6.20 Indemnification .................................................. 00700 - 25 ARTICLE 7 - OTHER WORK...................................................00700 - 26 7.01 Related Work at Sire...............................................00700 - 26 7.02 . Coordination................................................... 00700 - 26 ARTICLE 8 - OWNER'S RESPONSIBILITIES ........................................ 00700 - 26 8.01 Communications to Contractor........................................00700 - 26 8.02 Replacement of ENGINEER .......................................... 00700 - 26 8.03 Furnish Data...................................................00700 - 26 8.04 Pay Promptly When Due ............................................ 00700 26 8.05 Lands and Easements; Repons and Tests .................................. 00700 - 26 ' 8.06 Insurance..................................................... 00700 - 27 8.07 Change Orders .................................................. 00700 - 27 8.08 Inspections, Tests, and Approvals ...................................... 00700 - 27 ' 8.09 Limitations on OWNER's Responsibilities ................................. 00700 - 27 8.10 Undisclosed Hazardous Environmental Condition ............................ 00700 - 27 8.11 Evidence of Financial Arrangements ..................................... 00700 - 27 ' ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION ........................... 00700 - 27 9.01 OWNER'S Representative ........................................... 00700 -27 9.02 Visits to Site .................................................... 00700 - 27 9.03 Project Representative ............................................. 00700 - 27 9.04 Clarifications and Interpretations ...................................... 00700 - 28 9.05 Authorized Variations in Work........................................00700 - 28 9.06 Rejecting Defective Work............................................00700 - 28 Jr 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 INTHE WORK; CLAIMS ................................... 00700 29 10.01 Authorized Changes in the Work ....................................... 00700 29 10.02 Unauthorized Changes in the Work ..................................... 00700 - 29 10.03 Execution of Change Orders .......................................... 00700 29 10.04 Notification to Surety .............................................. 00700 - 29 10.05 Claims and Disputes' ............................................... 00700 - 30 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK .............. 00700 - 30 11.01 Cost of the Work ................................................. 00700 - 30 11.02 Cash Allowances ................................................. 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 CONTRACTOR's Control ................................. 00700 - 33 12.04 Delays Within CONTRACTOR'S Control .................................. 00700 - 34 12.05 Delays Beyond OWNER's and CONTRACTOR's Control ........................ 00700 - 34 12.06 Delay Damages .................................................. 00700 - 34 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ................................................ 00700-34 13.01 Notice of Defects ................................................ 00700 - 34 13.02 Access to Work ................................................. 00700 - 34 13.03 Tests and Inspections .............................................. 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 ofDefecrive Work ............... 0 ......................... 00700-36 13.09 OWNER May Correct Defective Work .................................... 00700 - 36 :.TICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION ........................ 00700 - 36 14.01 Schedule of Values ................................................ 00700 - 36 1 14.02 Progress Payments ................................................ 00700 - 37 14.03 CONTRACTOR'S Warranty of Title.....................................00700 -38 14.04 Substantial Completion ............................................. 00700 - 38 1 14.05 Partial Utilization ........................... 00700 - 39 .................... 14.06 Final Inspection ................................................. 00700 - 39 14.07 Final Payment..................................................)070O - 39 IR 14.08 Final Completion Delayed ........................................... 00700 - 40 14.09 Waiver of Claims ................................................. 00700 - 40 TICLE 15 - SUSPENSION OF WORK AND TERMINATION ............................ 00700 - 40 15.01 OWNER May Suspend Work .......................................... 00700 - 40 1 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 •TICLE 16 - DISPUTE RESOLUTION ............................................ 00700 - 41 16.01 Methods and Procedures ............................................ 00700 - 41 ARTICLE 17- MISCELLANEOUS ................................................ 00700-42 1 17.01 Giving Notice.............................................00700 - 42 17.02 Computation of Titmes..............................................00700 - 42 17.03 Cumulative Remedies .............................................. 00700 - 42 17.04 Survival of Obligations ............................................. 00700 - 42 17.05 Controlling Law ................................................. 00700 - 42 1 1 1 1 1 I. 1 1 00700-5 1 GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terns A. Wherever used in the Contract Documents and printed with initial or all capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. 1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Contract Documents. 2. Agreement —The written instrument which is evidence of the agreement between OWNER and CONTRACTOR covering the Work. 3. Application for Payment —The form acceptable to ENGINEER which is to be used by CONTRACTOR during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos —Any material that contains more than one percent 1sbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid —The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidding Documents --The Bidding Requirements and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 7. Bidding Requirements —The Advertisement or Invitation to Bid, Instructions to Bidders, Bid security form, if any, and the Bid form with any supplements. 8. Bonds —Performance and payment bonds and other instruments of security. 9. Change Order —A document recommended by ENGINEER which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim --A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract —The entire and integrated written agreement between the OWNER and CONTRACTOR concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents —The Contract Documents establish the rights and obligations of the parties and include the Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and ENGINEER's written interpretations and clarifications issued on or after the Effective Date of the Agreement. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format of text, data, graphics, and the like that may be furnished by OWNER to CONTRACTOR are not Contract Documents. 13. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.03 in the case of Unit Price Work). 14. Contract Times —The number of days or the dates stated in the Agreement to: (i) achieve Substantial Completion; and (ii) complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment. 15. CONTRACTOR --The individual or entity with whom OWNER has entered into the Agreement. ,1 1 I 1 .1 00700-6 t 38. Samples --Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Shop Drawings —All drawings, diagrams, illustra- tions, schedules, and other data or information which are specifically prepared or assembled by or for CON- TRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 40. Site —Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by OWNER which are designated for the use of CONTRACTOR. 41. Specifications —That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 42. Subcontractor --An individual or entity having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site. 43. Substantial Completion —The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 44. Supplementary Conditions —That part of the Contract Documents which amends or supplements these General Conditions. 45. Supplier --A manufacturer, fabricator, supplier, distributor, tnaterialman, or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials of 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, figned 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 orAdjectives 1. Whenever in the Contract Documents the terms "as allowed," "as approved," or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of ENGINEER as to the Work, it is intended that such action or determination will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The I 1 00700-8 , I. 16. Cost of the Work --See paragraph 11.01.A for defurition. 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 panics to sign and deliver. 19. ENGINEER —The individual or entity named as ' such in the Agreement. 20. ENGINEER's Consultant —An individual or entity having a contract with ENGINEER to furnish services as ' ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. ' 21. Field Order —A written order issued by ENGI- NEER which requires minor changes in the Work but 'which does not involve a change in the Contract Price or the Contract Times. 22. General Requirements —Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 23. Hazardous Environmental Condition —The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such 'quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 24. Hazardous Waste --The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 25. Laws and Regulations; Laws Or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 26. Liens --Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 27. Milestone —A principal event specified in the Contract Documents relating to an intermediate comple- tion date or time prior to Substantial Completion of all the Work. 28. Notice of Award --The written notice by OWNER to the apparent successful bidder stating that upon timely compliance by the apparent successful bidder with the conditions precedent listed therein, OWNER will sign and deliver the Agreement. 29. Notice to Proceed --A written notice given by OWNER to CONTRACTOR fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform the Work under the Contract Documents. 30. OWNER —The individual, entity, public body, or authority with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be performed. 31. Partial Utilization —Use by OWNER of a substan- tially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 32. PCBs —Polychlorinated biphenyls. 33. Petroleum --Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 34. Project —The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part as may be indicated elsewhere in the Contract Documents. 35. Project Manual —The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 36. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 37. Resident Project Representative —The authorized representative of ENGINEER who may be assigned to the Site or any part thereof. ' 00700-7 use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.10 or any other provision of the ' Contract Documents. B. Day 1. The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. ' C. Defective 1. The word "defective," when modifying the word '"Work," refers to Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been ' assumed by OWNER at Substantial Completion in accor- dance with paragraph 14.04 or 14.05). ID. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection '}vith services, materials, or equipment, shall mean to 'supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use 'or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put to use or place in final position said services, materials, r equipment complete and ready for intended use. • 3. The words "perform" or "provide," when used n 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, Ir equipment in a context clearly requiring an obligation f CONTRACTOR, "provide" is implied. Unless stated otherwise in the Contract Documents, w or phrases which have a well-known technical or construction industry or trade meaning are used in the Cct Documents in accordance with such recognized m ing. 1 ARTICLE 2- PRELIMINARY MATTERS 2.01 Delivery of Bonds A. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish. 2.02 Copies of Documents A. OWNER shall furnish to CONTRACTOR up to ten copies of the Contract Documents. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. CONTRACTOR's Review of Contract Documents: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless CONTRACTOR ]mew or reasonably should have known thereof. B. Preliminary Schedules: Within ten days after the Effective Date of the Agreement (unless otherwise specified 00700-9 1 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 pans in sufficient detail to serve as the basis for progress payments during .performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. C. Evidence of Insurance: Before any Work at the Site is started, CONTRACTOR and OWNER shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with Article 5. 2.06 Preconstruction Conference A. Within 20 days after the Contract Times start to run, but before any Work at the Site is started, a conference attended by CONTRACTOR, ENGINEER, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.05.B, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance of Schedules A. Unless otherwise provided in the Contract Docu- ments, at least ten days before submission of the first Application for Payment a conference attended by CON- TRACTOR, ENGINEER, and others as appropriate will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.05.B. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until acceptable schedules are submitted to ENGINEER. 1. The progress schedule will be acceptable to ENGINEER if it provides an orderly progression of the Work to completion within any specified Milestones and the Contract Times. Such acceptance will not impose on ENGINEER responsibility for the progress schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. 2. CONTRACTOR's schedule of Shop Drawing and Sample submittals will be acceptable to ENGINEER if it provides a workable arrangement for reviewing and processing the required submittals. 3. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Docu- ments or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to OWNER. C. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regula- tions in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), .1 C 1 1 1 1 1 p. 1 00700-10 , except as may be otherwise specifically stated in the Contract Documents. ,, 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be teffective 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. '.03 Reporting and Resolving Discrepancies ' A. Reporting Discrepancies 1. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity, ' or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or 'of any standard, specification, manual or code, or of any instruction of any Supplier, CONTRACTOR shall report it to ENGINEER in writing at once. CONTRACTOR 'shall not proceed with the Work affected thereby (except in an emergency as required by paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.04; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity, or dis- crepancy unless CONTRACTOR knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in ,the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifi- ' cally incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: (i) a Written Amendment; (ii) a Change Order; or (iii) a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: (i) a Field Order; (ii) ENGINEER's approval of a Shop Drawing or Sample; or (iii) ENGINEER's written interpretation or clarification. 3.05 Reuse of Documents A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity performing or furnishing any of the Work under a direct or indirect contract with OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, including electronic media editions; and (ii) shall not reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. This prohibition will survive final payment, completion, and - acceptance of the Work, or termination or completion of the Contract. Nothing herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record purposes. ARTICLE 4- AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. OWNER shall furnish the Site. OWNER shall notify CONTRACTOR of any encumbrances or restrictions not of general application but specifically related to use of the Site with which CONTRACTOR must comply in performing the Work. OWNER will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in OWNER's furnishing the Site, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 00700-11 1 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. 2. is of such a nature as to require a change in the 4.02 Subsurface and Physical Conditions Contract Documents; or 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 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 stmctures 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. 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. 11 H H H I Hi I Il 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 CONTRACTOR's making such final commitment; or c. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.03.A. 3. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in paragraph 10.05. However, OWNER, ENGINEER, and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by CONTRACTOR on or in connection with any other project or anticipated project. I.04 . Underground Facilities A. Shown or Indicated: The information and data shown Ir indicated in the Contract Documents with respect to xisting Underground Facilities at or contiguous to the Site is based on information and data furnished to OWNER or NGINEER by the owners of such Underground Facilities, cluding OWNER, or by others. Unless it is otherwise pressly 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 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. Nor Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will .promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility. 2. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issuedto 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 I responsibility for: establish reference points for construction which in ENGINEER's judgment are necessary to enable CON - a. reviewing and checking all such information TRACTOR to proceed with the Work. CONTRACTOR and data, shall be responsible for laying out the Work, shall protect and ' preserve the established reference points and property 00700-13 monuments, and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by . the ENGINEER in the preparation of the Contract Documents. B. Limited Reliance by COA RACTOR 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 parry 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, parmers, 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 C 1 1 1 1 1 1 1 1 I' in this paragraph 4.06.E shall obligate OWNER to indemnify Iy individual or entity from and against the consequences of rat individual's or entity's own negligence. rH. To the fullest extent permitted by Laws and egulations, CONTRACTOR shall indemnify and hold armless OWNER, ENGINEER, ENGINEER's Consultants, (d the officers, directors, partners, employees, agents, other ■onsultanu, and subcontractors of each and any of them from d against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, chitects, attorneys, and other professionals and all court or bitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by IONTRACTOR or by anyone for whom CONTRACTOR is sponsible. Nothing in this paragraph 4.06.F shall obligate CONTRACTOR to indemnify any individual or entity from d against the consequences of that individual's or entity's ■�, .^` negligence. I. The provisions of paragraphs 4.02, 4.03, and 4.04 �e not intended to apply to a Hazardous Environmental ondition uncovered or revealed at the Site. ITICLE 5 - BONDS AND INSURANCE 'I l71 Performance, Payment, and Other Bonds A. CONTRACTOR shall furnish performance and yment Bonds, each in an amount at least equal to the ntract Price as security for the faithful performance and r:nt of all CONTRACTOR's "obligations under theact Documents. These Bonds shall remain in effect at until one year after the date when final payment becomes due, except as provided otherwise by Laws or Jontgulations or by the Contract Documents. CONTRACTOR also furnish such other Bonds as are required by the ract Documents. B. All Bonds shall be in the form prescribed by the ntract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are ed in the current list of Companies Holding Certificates uthoriry as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular I(amended) by the Financial Management Service, Surety d Branch, U.S. Department of the Treasury. All Bonds signed by an agent must be accompanied by a certified copy t ucb agent's authority to act. C. If the surety on any Bond furnished by CON - 'ACTOR is declared bankrupt or becomes insolvent or its tht to do business is terminated in any state where any part e Project is located or it ceases to meet the requirements of paragraph 5.01.B, CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supple- mentary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain. OWNER shall deliver to CONTRACTOR, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by CONTRACTOR or any other additional insured) which OWNER is required to purchase and maintain. 5.04 CONRACTOR's Liability Insurance A. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; . 2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 00700-15 4. claims for damages insured by reasonably available personal injury liability coverage which are sus- tained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of asy 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.O4 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); 00700-16 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, i provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER; 5. allow for partial utilization of the Work by OWNER; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR, and ENGINEER with 30 days written notice to each other additional insured to whom a certifi- cate of insurance has been issued. LB. OWNER shall purchase and maintain such boiler and chinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Iegulations which will include the interests of OWNER, ONTRACTOR, Subcontractors, ENGINEER, NGINEER's Consultants, and any other individuals or tities identified in the Supplementary Conditions, each of horn is deemed to have an insurable interest and shall be ted as an insured or additional insured. C. All the policies of insurance (and the certificates or er evidence thereof) required to be purchased and maintained in accordance with paragraph 5.06 will contain a 'ovision or endorsement that the coverage afforded will not canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to OWNER tCONTRACTOR and to each other additional insured to m a certificate of insurance -has been issued and will aro waiver provisions in accordance with paragraph 5.07. . D. OWNER shall not be responsible for purchasing and taming any property insurance specified in this paragraph 5.06 to protect the interests of CONTRACTOR, contractors, or others in the Work to the extent of any uctible amounts that are identified in the Supplementary onditions. The risk of loss within such identified deductible fount will be borne by CONTRACTOR, Subcontractors, ers suffering any such loss, and if any of them wishes erry insurance coverage within the limits of such amounts, each may purchase and maintain it at the •chaser's own expense. E. If CONTRACTOR requests in writing that other s ial insurance be included in the property insurance pccies provided under paragraph 5.06, OWNER shall, if yible, include such insurance, and the cost thereof will be 11ged to CONTRACTOR by appropriate Change Order or tten Amendment. Prior to commencement of the Work at the Site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. 5.07 Waiver of Rights A. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraph 5.06 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRAC- TOR waive all rights against each other and their respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any. of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplemen- tary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any parry making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. B. OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to OWNER's property or the Work caused by, arising out of, or resulting from fire or other peril whether or not insured by OWNER; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by OWNER during partial utilization pursuant to paragraph 14.05, after Substantial Completion 00700-17 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; Oprion to Replace A. If either OWNER or CONTRACTOR has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by paragraph 2.05.C. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acbtowledgmenr 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. 00700-18 ' ' 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. 1.03 Services, Materials, and Equipment A. Unless otherwise specified in the General Re- Muirements, CONTRACTOR shall provide and assume full esponsibiliry for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, anitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. ') B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of od quality and new, except as otherwise provided in the ontract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly rOto the benefit of OWNER. If required by ENGINEER, NTRACTOR shall famish satisfactory evidence mcluding reports of required tests) as to the source, kind, Id quality of materials and equipment. All materials and uipment shall be stored, applied, installed, connected, ected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, �cept as otherwise may be provided in the Contract Docu- nts. Progress Schedule A. CONTRACTOR shall adhere to the progress schedule tablished in accordance with paragraph 2.07 as it may be usted from time to time as provided below. 1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.07) proposed adjustments in the progress schedule that will not result in changing the Contract Times (or Milestones). 'Such adjustments will conform generally to, the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable =Nero. 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using tht name of a proprietary item or the name of a particular Supplier, the. specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to ENGINEER for review under the circum- stances described below. 1. "Or -Equal" Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this paragraph 6.05.A-1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment ENGINEER determines that: (i) it is at least. equal in quality, durability, appearance, strength, and design characteristics; (ii) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole, and; b. CONTRACTOR certifies that: (i) there is no increase in cost to the OWNER; and (ii) it will conform substantially, even with deviations, to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under ' 00700-19 paragraph 6.05.A.1, it will be considered a proposed substitute item. b. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. c- The procedure for review by ENGINEER will be as set forth in paragraph 6.05.A.2.d, as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. d- CONTRACTOR shall first make written application to ENGINEER for review of a proposed substitute item of material or equipment that CONTRACTOR seeks to furnish or use. The application shall certify that the proposed substitute item will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified, and be suited to the same use as that specified. The application will state the extent, if any, to which the use of the proposed substitute item will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute item and whether or not incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. All variations of the pro- posed substitute item from that specified will be identified in the application, and available engineering, sales, maintenance, repair, and replacement services will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indi- rectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute item. ENGINEER may require CON- TRACTOR to furnish additional data about the pro- posed substitute item. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by ENGI- NEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The proce- dure for review by ENGINEER will be similar to that provided in subparagraph 6.05.A.2. C. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.05.A and 6.05.B. ENGINEER will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until ENGINEER's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." ENGINEER will advise CONTRACTOR in writing of- any negative determination. D. Special Guarantee: OWNER may require CON- TRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. E. ENGINEER's Cost Reimbursement: ENGINEER will record time required by ENGINEER and ENGINEER'S Consultants in evaluating substitute proposed or submitted by CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05.B and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER approves a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute. F. CONTRACTOR's Expense: CONTRACTOR shall provide all data in support of any proposed substitute or "or -equal" at CONTRACTOR's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. CONTRACTOR shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to OWNER as indicated in paragraph 6.06.B), whether initially or as a replacement, against whom OWNER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or 00700-20 I] entities to be submitted to OWNER in advance for acceptance tby OWNER by a specified date prior to the Effective Date of i 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 'Cerforrning or furnishing any of the Work just as ONTRACTOR 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 ther individual or entity any contractual relationship between �WNER or ENGINEER and any such Subcontractor, Supplier or other individual or entity, nor shall it create any obligation on the pact of OWNER or ENGINEER to pay or o see to the payment of any moneys due any such Subcon- tractor, Supplier, or other individual or entity except as may •therwise be required by Laws and Regulations. D. CONTRACTOR shall be solely responsible for Lu'ppliersg dulinand coordinating the Work of Subcontractors, , and other individuals or entities performing or shing any of the Work under a direct or indirect contract with CONTRACTOR. 1 E. CONTRACTOR shall require all Subcontractors, Suppliers, and such other individuals or entities performing Ifurnishing any of the Work to communicate with ENGI- EER through CONTRACTOR. F. The divisions and sections of the Specifications and e identifications of any Drawings shall not control ONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any Iecific trade. I G. All Work performed for CONTRACTOR by a rbconuactor or Supplier will be pursuant to an appropriate reement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.06, the agreement between the CONTRACTOR and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRAC- TOR will obtain the same. 6.07 Patent Fees and Royalties A. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation, in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. , To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees or agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits I00700-21 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 4. 1 1 1 I. Change Directives, Field Orders, and written interpretations 'd clarifications in good order and annotated to show hanger made during construction. These record documents .agether with all approved Samples and a counterpart of all I pproved Shop Drawings will be available to ENGINEER for eference. Upon completion of the Work, these record ocuments, Samples, and Shop Drawings will be delivered to t NGINEER for OWNER. 13 Safety and Protection A. CONTRACTOR shall be solely responsible for 'dating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR all take all necessary precautions for the safety of, and all provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and ' 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, 'roadways, structures, utilities, and Underground Facilities not designated for. removal, relocation, or replacement in the course of construction. B. CONTRACTOR shall comply with all applicable s and Regulations relating to the safety of persons or property, or to the protection of persons or property from age, injury, or loss; and shall erect and maintain all essary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and I nderground Facilities and other utility owners when cution of the Work may affect them, and shall cooperate them in the protection, removal, relocation, and r lacement of their property. All damage, injury, or loss to property referred to in paragraph 6.13.A.2 or 6.l3 A.3 ed, directly or indirectly, in whole or in part, by CON- TRACTOR, any Subcontractor, Supplier, or any other vrdual or entity directly or indirectly employed by any of to perform any of the Work, or anyone for whose acts any of them may be liable, shall, be remedied by TRACTOR (except damage or loss attributable to the f t of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER'S Con- ant, or anyone employed by any of them, or anyone for v.�se acts any of them may be liable, and not attributable, d ctly or indirectly, in whole or in part, to the fault or Jigence of CONTRACTOR or any Subcontractor, S Her, or other individual or entity directly or indirectly el§loyed 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 OWNERand CONTRACTOR in accordance with paragraph 14.07.8 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 mayrequire and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respecrto 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.O7, 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 Sbop 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 1 I 1 1 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 00700-24 , as permitted by paragraph 15.04 or as OWNER and CONTRACTOR may otherwise agree in writing. .19 COA RACTOR's General Warranty and r urnnr<o A. CONTRACTOR warrants and guarantees to WNER, ENGINEER, and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents tnd will not be defective. CONTRACTOR's warranty and antee 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. IB. CONTRACTOR's obligation to perform and mplete the Work in accordance with the Contract Documents shall be absolute. None of the following will Institute an acceptance of Work that is not in accordance th the Contract Documents or a release of CONTRACTOR'S obligation to perform the Work in ordance with the Contract Documents: 1. observations by ENGINEER; 1J 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 ample submittal or the issuance of a notice of acceptabil- ity by ENGINEER; 7. any inspection, test, or approval by others; or 61 8. any correction of defective Work by OWNER Indemnification To the fullest extent permitted by Laws and Regula- ti CONTRACTOR shall indemnify and hold harmless 3NER, ENGINEER, ENGINEER'S Consultants, and the ers, directors, partners, employees, agents, and other c ultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages.(includi)g but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage: 1. is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom; and 2. is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of an individual or entity indem- nified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such individual or entity.. B. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts; or other employee benefit acts. C. The indemnification obligations of CONTRACTOR under paragraph 6.20.A shall not extend to the liability of ENGINEER and ENGINEER's Consultants or to the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 00700-25 ARTICLE 7 - OTHER WORK 7.02 Coordination A. If OWNER intends to contract with others for the 7.01 Relattd Work at Site performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: A. OWNER may perform other work related to the Project at the Site by OWNER's employees, or let other 1. the individual or entity who will have authority direct contracts therefor, or have other work performed by and responsibility for coordination of the activities among utility owners. If such other work is not noted in the Con- the various contractors will be identified; tract Documents, then: 2. the specific matters to be covered by such 1. written notice thereof will be given to CON- authority and responsibility will be itemized; and TRACTOR prior to starting any such other work; and 3. the extent of such authority and responsibilities 2. if OWNER and CONTRACTOR are unable to will be provided. agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times B. Unless otherwise provided in the Supplementary that should be allowed as a result of such other work, a Conditions, OWNER shall have sole authority and respon- Claim may be made therefor as provided in paragraph sibility for such coordination. 10.05. B. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the other work with OWNER's employees) proper.and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CON- TRACTOR shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. CONTRACTOR shall not. endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or. alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. C. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and . results of CONTRACTOR's Work. CONTRACTOR's failure to so report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent defects and deficiencies in such other work. ARTICLE 8- OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Condi- tions, OWNER shall issue all communications to Y 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; Repons 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 I H I H 00700-26 , and tests of subsurface conditions and drawings of physical onditions in or relating to existing surface or subsurface tructures at or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract Documents. 1.06 Insurance A. OWNER's responsibilities, if any, in respect to pur- hasing and maintaining liability and property insurance are et forth in Article 5. t.07 Change Orders A. OWNER is obligated to execute Change Orders as dicated 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. '.09 Limitations on OWNER's Responsibilities A. The OWNER shall not supervise, direct, or have �ntrol or authority over, nor be responsible for, ONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and iograms incident thereto, or for any failure of CON- CTOR to comply with Laws and Regulations applicable to the performance of the Work. OWNER will not be Ispons'ble for CONTRACTOR's failure to perform the ork in accordance with the Contract Documents. 10 Undisclosed Hazardous Environmental Condition A. OWNER's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in paragraph 8.11 Evidence of Financial Arrangements IA. If and to the extent OWNER has agreed to furnish NTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER's legations under the Contract Documents, OWNER's ponsibility in respect thereof will be as set forth in the Supplementary Conditions. 1 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 orquantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the -completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. B. ENGINEER's visits and observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.10, and particularly, but without limitation, during or as a result of ENGINEER's visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more extensive observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.10 and in the Supplementary Conditions. If OWNER designates another I00700-27 representative or agent to represent OWNER at the Site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supple- mentary Conditions. 9.04 Clarifications and Interpretations A. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents as ENGINEER may deter- mine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER and CON- TRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, that should beallowed 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.(exceptany 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 Jr' 1 1 1 1 [EeLOfl41 U ') I I C 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, an Supplier, or of any other individual or entity performing any ' of the Work. D. ENGINEER's review of the final Application for Payment and accompanying documentation and all mainte- 'nance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by paragraph '14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results 'certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this paragraph 9.10 shall also apply to ENGINEER's 1onsultants, Resident Project Representative, and assistants. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 0.01 Authorized Changes in the Work IA.Without invalidating the Agreement and without A. to any surety, OWNER may, at any time or from time to time, order additions, deletions, or revisions in the Work y a Written Amendment, a Change Order, or a Work hange Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work Cpvolved which will be performed under the applicable onditions of the Contract Documents (except as otherwise ecifrcally provided). B. If OWNER and CONTRACTOR are unable to agree entitlement to, or on the amount or extent, if any, of an djustment in the Contract Price or Contract Times, or both, Iat 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: Y 1. changes in the Work which are: (i) ordered by OWNER pursuant to paragraph 10.01.A, (ii) required because of acceptance of defective Work under para- graph 13.08.A or OWNER's correction of defective Work under paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility. The amount of each applicable Bond will be adjusted to reflect the effect of any such change. ' 00700-29 P 10.05 Claims and Disputes A. Notice: Written notice stating the genera] nature of each Claim, dispute, or other matter shall be delivered by the claimant to ENGINEER and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. Notice of the amount or extent of the Claim, dispute, or other matter with supporting data shall be delivered to the ENGINEER and the other party to the Contract within 60 days after the start of such event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such Claim, dispute, or other matter). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.01.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjust- ment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to ENGINEER and the claimant within 30 days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). B. ENGINEER's Decision: ENGINEER will render a formal decision in writing within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. ENGINEER's written decision on such Claim, dispute, or other matter will be final and binding upon OWNER and CONTRACTOR unless: 1. an appeal from ENGINEER's decision is taken within the time limits and in accordance with the dispute resolution procedures set forth in Article 16; or 2. if no such dispute resolution procedures have been set forth in Article 16, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within 30 days after the date of such decision, and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction within 60 days after the date of such decision or within 60 days after Substantial Completion, whichever is later (unless otherwise agreed in writing by OWNER and CONTRACTOR), to exercise such rights or remedies as the appealing party may have with respect to such Claim, dispute, or other matter in accordance with applicable Laws and Regulations. C. If ENGINEER does not render a formal decision in writing within the time stated in paragraph 10.05.B, a decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. D. No Claim for an adjustment in Contract Price or Contract Times (or Milestones) will be valid if not submitted in accordance with this paragraph 10.05. ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs necessarily incurred and paid by CON- TRACTOR in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to CONTRACTOR will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in paragraph 11.01.B. 1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unem- ployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by OWNER. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. I I I [1 I I I I I I [Ti F H 00700-30 1 I I) I I I I I H I H H I I J I 3. Payments made by CONTRACTOR to Subconnractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER, who will then determine, with the advice of ENGINEER, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in this paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facili- ties at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of CONTRACTOR. c. Rentals of all construction equipment and machinery, and the parts thereof whether. rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, ma- chinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which CON- TRACTOR is liable, imposed by Laws and Regu- lations. e. Deposits lost for causes other than negli- gence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or. for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the perfor- mance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. It. Minor expenses such as telegrams, long distance. telephone calls, -telephone service at the Site, expressage, and similar petty cash items in connection with the Work. i. When the Cost of the Work is used to determine the value of a Change Order or of a Claim, the cost of premiums for additional Bonds and insurance required because of the changes in the Work or caused by the event giving rise to the Claim. j. When all the Work is performed on the basis of cost-plus,.the costs of premiums for all Bonds and insurance CONTRACTOR is required by the Contract Documents to purchase and maintain. B. Costs Excluded:: The term Cost of the Work shall not include any of the following items: 1- Payroll costs and other compensation of C0NTRACTOR's officers, executives, principals (of partnerships and sole proprietorships), general manag- ers, engineers, architects, estimators, attorneys, audi- tors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by CONTRACTOR, whether at the Site or in CONTRACTOR's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.01.A.1 or specifically covered by paragraph 11.01.A.4, all of which are to be 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. CONTRACTOR'S Fee: When all the Work is performed on the basis of cost-plus, CONTRACTOR's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, CONTRACTOR's fee shall be determined as set forth in paragraph 12.01.C. D. Docwnenration: 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 Li L I I I I 11 2. there is no corresponding adjustment with respect any other item of Work; and 3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. I L 00700 -32 I. ARTICLE 12 - CHANGE OF CONTRACT PRICE; RANGE OF CONTRACT TIMES 2.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any Claim for adjustment in the Contract Price shall be based on written [ice submitted by the party making the Claim to the ENGINEER and the other party to the Contract in accor- Ice with the provisions of paragraph 10.05. B. The value of any Work covered by a Change Order of any Claim for an adjustment in the Contract Price will 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); IC 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in 'accordance with paragraph 12.0l.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Document, and agree- ,ment to a lump sum is not reached under paragraph 12.01.8.2, on the basis of the Cost of the Work (determined as provided in paragraph 11.01) plus a 'CONTRACTOR's fee for overhead and profit (deter- mined as provided in paragraph 12.01.C). C. C0NTRACT0R's Fee: The CONTRACTOR's fee Ioverhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various ' portions of the Cost of the Work: ' a. for costs incurred under paragraphs '11.01.A.1 and 11.01.A.2, the CONTRACTOR's fee shall be 15 percent; b. for costs incurred under paragraph '11.01.A.3, the CONTRACTOR's fee shall be five percent; 'c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under paragraphs I1.01.A.4, 11.01.A.5, and 11.01.8; c. 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 C0NTRACTOR'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 ' 00700-33 I Article 7, fires, floods, epidemics, abnormal weather to CONTRACTOR. All defective Work may be rejected, conditions, or acts of God. corrected, or accepted as provided in this Article 13. 12.04 Delays Within CONIRACTOR'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 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 F. paragraphs 13.03.C and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.04.B shall be paid as provided in said paragraph 13.04.B; and 3. as otherwise specifically provided in the Con- tract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection or approval. D. CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to OWNER and ENGINEER. I I I I I I I I II I I I 00700-34 L I E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if equested 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 �ONTRACTOR's intention to cover the same and ENGI- LCER has not acted with reasonable promptness in response to such notice. 3.04 Uncovering Work A. If any Work is covered contrary to the written quest of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at IONTRACTOR's expense. B. If ENGINEER considers it necessary or advisable at covered Work be observed by ENGINEER or inspected tested by others, CONTRACTOR, at ENGINEER's quest, shall uncover, expose, or otherwise make available for observation, inspection, or testing as ENGINEER may quire, that portion of the Work in question, furnishing all cessary labor, material, and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all tj ms, costs, losses, and damages (including but not limited all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other covering, resolution costs) arising out of or relating to such covering, exposure, observation, inspection, and testing, of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work others); and OWNER shall be entitled to an appropriate rease in the Contract Price. If the parties are unable .t agree as to the amount thereof, OWNER may make a Claim refor as provided in paragraph 10.05. If, however, such rk is not found to be defective, CONTRACTOR shall be owed an increase in the Contract Price or an extension of Contract Times (or Milestones), or both, directly attribut- to such uncovering, exposure, observation, inspection, t ing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, pCNTRACTOR may make a Claim therefor as provided in graph 10.05. 115 OWNER May Stop the Work A. If the Work is defective, or CONTRACTOR fails to s ly sufficient skilled workers or suitable materials or e lament, or fails to perform the Work in such a way that • completed Work will conform to the Contract )omens, OWNER may order CONTRACTOR to stop the or any portion thereof, until the cause for such order en eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. CONTRACTOR shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by ENGINEER, remove it from the Project and replace it with Work that is not defective. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.07 Correction Period A. If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special . guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for CONTRACTOR's use by OWNER or permitted by Laws and Regulations as contemplated in paragraph 6.11.A is found to ' be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER!s written instructions: (i) repair such defective land or areas, or (ii) correct such defective Work or, if the defective Work has been rejected by OWNER, remove it from the Project and replace itwith Work that is not defective, and (iii) satisfac- torily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. If CONTRACTOR does not promptly comply .with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or repaired or may have the rejected Work removed and replaced, and all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals -and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. B. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that ' 00700-35 item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. D. CONTRACTOR's obligations under this paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment, ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by CONTRACTOR pursuant to this sentence. If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a. Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, OWNER.may make a Claim therefor as provided in paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. 13.09 OWNER May Correct Defective Work A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.06.A, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. B. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or pan 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 I C1 ri H Li Li A. p licarions 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 'i applied on account to discharge CONTRACTOR's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to pro- gress payments will be as stipulated in the Agreement. ' B. Review of Applications 1. ENGINEER will, within 10 days after receipt of 'each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER or return the Application to 'CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary ' corrections and resubmit the Application. 2. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute 'a representation by ENGINEER to OWNER, based on ENGINEER's observations on the Site of the executed Work as an experienced and qualified design profession - 'al and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, Co the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.08, and to any other qualifications stated in the recommendation); and c. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. 3. By recommending any such payment ENGI- NEER will not thereby be deemed to have represented that: (i) inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents; or (ii) that there may not be other matters or issues. between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 4. Neither ENGINEER's review of • CONTRACTOR's Work for the purposes of recom- • mending payments nor ENGINEER's recommendation of any payment, including final payment, will impose responsibility on ENGINEER to supervise, direct, or control the Work or for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for CON- TRACTOR's failure to comply with Laws and Regu- lations applicable to CONTRACTOR's performance of the Work. Additionally, said review or recommendation will not impose responsibility on ENGINEER to make any examination to ascertain how or for"what purposes CONTRACTOR has used the moneys paid on account of the Contract Price, or to determine that title to any of the Work, materials, or equipment has passed to OWNER free and clear of any Liens. 5. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be'incorrect to make the representa- tions to OWNER referred to in paragraph 14.02.B.2. ENGINEER may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, 00700-37 revise or revoke any such payment recommendation previously made, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replace- ment; b. the Contract Price has been reduced by Written Amendment or Change Orders; c. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.09; or d. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in para- graph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recom- mendation, the amount recommended will (subject to the provisions of paragraph 14.02.D) become due, and when due will be paid by OWNER to CONTRACTOR. D. Reduction in Payment 1. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: a. claims have been made against OWNER on account of CONTRACTOR's performance or fur- nishing of the Work; b. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens; c. there are other items entitling OWNER to a set-off against the amount recommended; or d. OWNER has actual knowledge of the occur- rence of any of the events enumerated in paragraphs 14.02.B.5.a through 14.02.B.5.c or paragraph 15.02. A. 2. If OWNER refuses to make payment of the full amount recommended by ENGINEER, OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR any amount remaining after deduction of the amount so withheld. OWNER shall promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRAC- TOR corrects to OWNER's satisfaction the reasons for such action. 3. If it is subsequently determined that OWNER's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by paragraph 14.02.C.I. 14.03 CONTRACTOR's Warranty of Title A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be- completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to, OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Comple- tion ENGINEER will deliver to OWNER and CONTRAC- TOR a written recommendation as to division of responsibili- 00700 - 38 ,1 I I I I Li I 'ties pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so orm ENGINEER in writing prior to ENGINEER's issuing e definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on IWNER and CONTRACTOR until final payment. B. OWNER shall have the right to exclude TRACTOR from the Site after the date of Substantial (ON ompetion, but OWNER shall allow CONTRACTOR asonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Use by OWNER at OWNER's option of any bstantially completed part of the Work which has specifically been identified in the Contract Documents, or hich OWNER, ENGINEER, and CONTRACTOR agree nstitutes a separately functioning and usable part of the ork that can be used by OWNER for its intended purpose V,out significant interference with CONTRACTOR'S rformance of the remainder of the Work, may be tthcomplished prior to Substantial Completion of all the Work subject to the following conditions. 1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any 'such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is 'substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of 'the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing . that CONTRACTOR considers any such part of the Work 'ready for its intendeduseand substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, ' CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work to. determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER 'considers that part of the Work to be substantially complete, the provisions of paragraph 14.04 will apply with respect to certification of Substantial Completion of that pan of the Work and the division of responsibility in respect thereof and access thereto. 2. No occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will promptly make a final inspection with OWNER and CONTRACTOR and will notify CON- TRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all main- tenance and operating instructions, schedules, guaran- tees, Bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in paragraph 6.12), and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but. not limited to the evidence of insurance required by subparagraph 5.04.B.7; (ii) consent of the surety, if any, to final payment; and (iii) complete and legally effective releases or waivers (satisfactory to •OWNER) of all lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in paragraph 14.07.A.2 and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material, and equipment for which a lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. I 00700-39 I B. Review of Application and Acceptance 1. a waiver of all Claims by OWNER against CONTRACTOR, except Claims arising from unsettled 1. If, on the basis of ENGINEER's observation of Liens, from defective Work appearing after final the Work during construction and final inspection, and inspection pursuant to paragraph 14.06, from failure to ENGINEER's review of the final Application for comply with the Contract Documents or the terms of any Payment and accompanying documentation as required special guarantees specified therein, or from by the Contract Documents, ENGINEER is satisfied that CONTRACTOR's continuing obligations under the the Work has been completed and CONTRACTOR's Contract Documents; and other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after 2. a waiver of all Claims by CONTRACTOR receipt of the final Application for Payment, indicate in against OWNER other than those previously made in writing ENGINEER's recommendation of payment and writing which are still unsettled. 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 ARTICLE 15 - SUSPENSION OF WORK AND Work is acceptable subject to the provisions of TERMINATION paragraph 14.09. Otherwise, ENGINEER will return the Application for Payment to CONTRACTOR, indicating in writing the reasons for refusing to 15.01 OWNER May Suspend Work recommend final payment, in which case CON- TRACTOR shall make the necessary corrections and A. At any time and without cause, OWNER may resubmitthe Application for Payment. suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to CON - C. Payment Becomes Due TRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the 1. Thirty days after the presentation to OWNER of Work on the date so fixed. CONTRACTOR shall be allowed the Application for Payment and accompanying docu- an adjustment in the Contract Price or an extension of the mentation, the amount recommended by ENGINEER Contract Times, or both, directly attributable to any such will become due and, when due, will be paid by OWN- suspension if CONTRACTOR makes a Claim therefor as ?; ER to CONTRACTOR. provided in paragraph 10.05. 14.08 Final Completion Delayed 15.02 OWNER May Terminate for. Cause A. If, through no fault of CONTRACTOR, final A. The occurrence of any one or more of the following completion of the Work is significantly delayed, and if events will justify termination for cause: ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for• Payment and 1. CONTRACTOR's persistent failure to perform recommendation of ENGINEER, and without terminating the the Work in accordance with the Contract Documents Agreement, make payment of the balance due for that portion (including, but not limited to, failure to supply sufficient of the Work fully completed and accepted. If the remaining skilled workers or suitable materials or equipment or balance to be held by OWNER for Work not fully completed failure to adhere to the progress schedule established or corrected is less than the retainage stipulated in the under paragraph 2.07 as adjusted from time to time Agreement, and if Bonds have been banished as required in pursuant to paragraph 6.04); paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully 2. CONTRACTOR's disregard of Laws or completed and accepted shall be submitted by CON- Regulations of any public body having jurisdiction; TRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and 3. CONTRACTOR's disregard of the authority of conditions governing final payment, except that. it shall not ENGINEER; or constitute a waiver of Claims. 4. CONTRACTOR's violation in any substantial 14.09 Waiver of Claims 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 00700-40 ' I the services of CONTRACTOR, exclude CONTRACTOR m the Site; and take possession of the Work and of all NTRACTOR's tools, appliances, construction equipment, machinery at the Site, and use the same to the full extent y could be used by CONTRACTOR (without liability to NTRACTOR for trespass or conversion), incorporate in Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are red elsewhere, and finish the Work as OWNER may deem diem. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is shed. If the unpaid balance of the Contract Price exceeds claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, meys, and other professionals and all court or arbitration o other dispute resolution costs) sustained by OWNER ing out of or relating to completing the Work, such excess wil be paid to CONTRACTOR. If such claims, costs, 1 es, and damages exceed such unpaid balance, TRACTOR shall pay the difference to OWNER. Such claims, costs, losses, and damages incurred by OWNER will b eviewed by ENGINEER as to their reasonableness and, so approved by ENGINEER, incorporated in a Change Order. When exercising any rights or remedies under this p graph OWNER shall not be required to obtain the lowest prV for the Work performed. C. Where CONTRACTOR's services have been so hated by OWNER, the termination will not affect any ri 1" or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or oa�ent of moneys due CONTRACTOR by OWNER will cofelease CONTRACTOR from liability 15[ OWNER May Terminate For Convenience A. Upon seven days written notice to CONTRACTOR Id NGINEER, OWNER may, without cause and without ice to any other right or remedy of OWNER, elect to ate the Contract. In such case, CONTRACTOR shall e paid (without duplication of any items): ' 1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the fffective date of termination, including fair and easonable sums for overhead and profit on such Work; �2. for expenses sustained prior to the effective date f termination in performing services and furnishing bor, materials, or equipment as required by the Contract Documents in connection with uncompleted ork, plus fair and reasonable stuns for overhead and ofit on such expenses; i3. for all claims, costs, losses, and damages ncluding 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 COMPACTOR May Stop Work or Terminate A. If, through no act or fault of CONTRACTOR, the Work is suspended for more than 90 consecutive days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within 30 days after it is submitted, or OWNER fails for 30 days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Contract and recover from OWNER payment on the same terms as provided in paragraph 15.03. In lieu of terminating the Contract and without prejudice to any other right or remedy, if ENGI- NEER has failed to act on an Application for Payment within 30 days after it is submitted, or OWNER has failed for 30 days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may, seven days after written notice to OWNER and ENGINEER, stop the Work until payment is made of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.04 are not intended to preclude CONTRACTOR from making a Claim under paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping the Work as permitted by this paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Dispute resolution methods and procedures, if any, shall be as set forth in the Supplementary Conditions. If no method and procedure has been set forth, and subject to the provisions of paragraphs 9.09 and 10.05, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. I 00700-41 ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable. jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by. Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Agreement. 17.05 Conn'olling Law A. This Contract is to be governed by the law of the state in which the Project is located. I 00700-42 , I I I LIST OF SUBJECTS Section 00800 SUPPLEMENTARY CONDITIONS SC -1.01 Defined Terms SC -2.02 Copies ofDocuments SC -2.05.B Preliminary Schedule's: 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 I 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 ofApplications ' SC -14.02.C Payment Becomes Due SC -14.04 Substantial Completion SC -14.05 Partial Utilization I I I I Accelerated Waterlines 00800 (l) Garver No. 0296-3500 Work Order No. 2 I Li I I I I I I H H I I I I II H I H 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: Al .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 ofdetails 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 Accelerated Waterlines 00800 (2) Work Order No. 2 Garver No. 0296-3500 I H H I I I I H H H H I I 1 I I I Li 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.B. Preliminary Schedules: Add the following to the end of paragraph 2.05.B.3 of the General Conditions: Additional subdivision of unit price or lump sum items, as shown in the Bid Form, shall be made as reasonably requested by ENGINEER or as required to verify progress payments for Unit Price Work that will take place over several progress periods." SC -2.05.C. Evidence of Insurance: Delete all references to OWNER supplied and OWNER delivered insurance. SC -4.02 Subsurface and Physical Conditions No subsurface investigations have been made as to the location of existing underground facilities or pipelines. SC -4.04 Underground Facilities Add a new paragraph 4.04.B.3 immediately following paragraph 4.04.B.2 of the General Conditions which shall read as follows: "3. Paragraphs 4.04.B.1 and 4.04.B.2 do not apply to Underground Facilities that are being relocated by others as part of the Project. OWNER does not control the schedule of the owners of those Underground Facilities, and cannot determine whether those Underground Facilities will be relocated prior to, simultaneous to, or after the Work under these Contract Documents. If the relocation of Underground Facilities presents an obstacle to the Work continuing, CONTRACTOR shall inform OWNER and ENGINEER of the obstacle, and Accelerated Waterlines 00800 (3) Work Order No. 2 Garver No. 0296-3500 H I H LJ I Li 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 I 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. I Li I I (2) contracts in excess of $1,000,000 - "A" rating or higher and contracts may not exceed 2.0 percent of the policyholder's surplus. The expense of all Bonds shall be borne by CONTRACTOR." SC -5.02 Licensed Sureties and Insurers Accelerated Waterlines Work Order No. 2 00800 (4) Garver No. 0296-3500 I 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 gof 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 I Delete the second sentence of paragraph 5.03.A ("OWNER shall deliver to Contractor...") in its entirety. ISC -5.04 CONTRACTOR's Liability Insurance The limits for liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: ' Workers Compensation, etc. under paragraphs 5.04.A.1 and 5.04.A.2 of the General Conditions: 1) State: Statutory 2) Applicable Federal: Statutory 3) Employer's Liability: $100,000.00 each occurrence Comprehensive General Liability Insurance, under paragraphs 5.04.A.3 through 5.04.A.5 of ' the General Conditions: $1,000,000.00 Combined Single Limit Policies will include premise/operations, products, completed operations, independent contractors, explosions, collapse, underground hazard, Broad Form contractual, personal injury, with employment exclusion deleted and broad form property damage. Comprehensive Automobile Liability under paragraph 5.04.A.6 of the General Conditions: 1 Accelerated Waterlines 00800 (5) Garver No. 0296-3500 Work Order No. 2 r I I J J H C CI I GI (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, LLC (OWNER and ENGINEER). SC -5.04.B.5. Notice of Cancellation of Liability Insurance Add the following language at the end of paragraph 5.04.B.5 of the General Conditions: "any wording such as "will endeavor" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the [insurance] Company" shall be deleted from the policies and insurance certificates." SC -5.05 OWNER's Liability Insurance Delete paragraph 5.05 of the General Conditions in its entirety and insert the following in its place: "5.05 OWNER's and ENGINEER 's Contingent Protective Liability Insurance A. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their agents and employees from and against all losses and claims, demands, payments, suits, actions, recoveries, judgments of every nature and description brought or recovered against them by reason of omission or act of CONTRACTOR, his agent(s), employees, Subcontractor, Supplier, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, in the execution of the Work or guarding of it. CONTRACTOR shall obtain in the name of OWNER and ENGINEER (either as co-insured or by endorsement), and Accelerated Waterlines 00800 (6) Work Order No. 2 Garver No. 0296-3500 I shall maintain and pay the premiums for such insurance in an amount not less than $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 for the determination of and procurement of any additional insurance needed." I I Delete paragraph 5.06.C of the General Conditions in its entirety and insert the following in its place: Accelerated Waterlines 00800 (7) Work Order No. 2 Garver No. 0296-3500 I [1 TI I I I P. I I I I I u I I C C "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: Accelerated Waterlines Work Order No. 2 00800 (8) Garver No. 0296-3500 I 1 I J H C C C C H H I I J I 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 period. CONTRACTOR shall hold the OWNER and ENGINEER harmless from any liability of any kind arising from said defects. The effective date for the beginning of the two (2) year warranty period will be as decided by the ENGINEER and will be either the date of the ENGINEER's recommendation for Final Payment in accordance with paragraph 14.07.B, Review of Application and Acceptance, or the date of Substantial Completion as specified in paragraph 14.04. CONTRACTOR shall make all repairs or replacements promptly upon receipt of written order for the repairs or replacements from OWNER. If the CONTRACTOR fails to make the repairs or replacements promptly, OWNER may perform the work and the CONTRACTOR and the CONTRACTOR's Surety shall be liable for all costs thereof" SC -7.01 Related Work at the Site Delete paragraph 7.01.A of the General Conditions in its entirety and insert the following in its place: "A. The Work is part of a Capital Improvements Program. As a result of the City's proposed improvements, additional right-of-way and/or easements may or may not be obtained by the City. Some utilities in the area may have to undertake various relocation and demolition in the Project area. OWNER and ENGINEER do not have all information concerning the proposed relocations of 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 Accelerated Waterlines Work Order No. 2 00800 (9) Garver No. 0296-3500 L1 I Ii Li I I L L 1] [1 Li I LI L L L I I I Contract Documents. CONTRACTOR shall have no right to make a claim for changes in the Contract Price or Contract Time as a result of the work of other utility owners being done by those owners as a result of this Project, other than the right for additional quantities of Unit Price Work, if applicable." Delete the first sentence of paragraph 7.01.B of the General Conditions and insert the following sentence in its place: "B. CONTRACTOR shall afford each utility owner 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 Accelerated Waterlines Work Order No. 2 00800 (10) Garver No. 0296-3500 J extension of time in accordance with Article 12 of the General Conditions. An extension of the Contract Time shall be the CONTRACTOR'S exclusive remedy with respect to OWNER and ENGINEER for any delay, disruption, interference or hindrance caused by any separate ' contractor (or separate party). This paragraph does not prevent recovery from OWNER or ENGINEER for activities that are their respective contractual responsibilities." I I C [7 Li I_ I C I LJ I I J I J Li SC -8.06 Insurance Delete paragraph 8.06 of the General Conditions in its entirety. SC -9.03 Project Representative Paragraph 9.03 of the General Conditions is herein modified to include the furnishing of a Resident Project Representative by ENGINEER. The responsibilities and authority and limitations thereon of the Resident Project Representative are as provided in paragraph 9.10 of the General Conditions. SC -10.06 Authority for Changes in the Work Add a new paragraph 10.06 immediately following paragraph 10.05 of the General Conditions to read: "10.06 Authority for Changes in the Work A. CONTRACTOR shall note and abide by the following limits of authority of OWNER and ENGINEER for changes in the Work which require a change in the Contract Price or Contract time. Except in the case of extreme emergency to protect public safety, public welfare or substantial Work, the following limits of Authority to the OWNER and ENGINEER shall apply: Engineer's Representative - No authority. Engineer - No authority. Mayor - $20,000.00 (Accumulative). All accumulative changes which result in Contract Price changes in excess of $20,000.00 shall require the formal approval of the Fayetteville City Council." SC -11.03 Unit Price Work Paragraph 11.03.C of the General Conditions is hereby deleted in its entirety and the following is substituted in its place: Accelerated Waterlines Work Order No. 2 00800 (11) Garver No. 0296-3500 I u I H I I I L L L L u I L L I I "C. The unit price of an item of Unit Price Work shall be subject to re-evaluation and adjustment under the following conditions: I. if the total cost of a particular item of Unit Price Work amounts to 25 percent or more of the Contract Price and the variation of the quantity of that particular item of Unit Price Work performed by CONTRACTOR differs by more than 25 percent from the estimated quantity of such item indicated in the Agreement; and 2. if there is no corresponding adjustment with respect to any other item of Work; and 3. if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof; or 4. if OWNER believes that the quantity variation entitles OWNER to an adjustment in the unit price; then 5. either OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 of the General Conditions if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed." SC -12.03 Delays Beyond CONTRACTOR's Control Delete the words "abnormal weather conditions" from the second sentence of paragraph 12.03.A of the General Conditions, and add the following sentences at the end of paragraph 12.03.A: "Contractor will be allowed delays for weather conditions, based on the concurrence of Contractor and Owner or Engineer, for two circumstances: 1) isolated inclement weather, wherein the project site is determined to be unworkable for days of precipitation and days following for short times between otherwise good weather; and 2) sustained inclement weather, wherein the project site is determined to be unworkable for a sustained period of time, such as the winter months, with only an occasional working day within the sustained unworkable conditions. If Contractor believes either condition applies, a request shall be made to Engineer or Owner for a site meeting and a joint determination of the site conditions and approval of the delay. Engineer will catalog these approved delays, and will incorporate them into a Change Order for signature of Owner and Contractor." SC -14.02 Progress Payments Paragraph 14.02.A of the General Conditions is hereby deleted in its entirety and the following substituted in its place: "A. Applications for Payments Accelerated Waterlines 00800 (12) Work Order No. 2 Garver No. 0296-3500 C ' 1. 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 5, 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 ' 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. CONTRACTOR's certification that the Work covered by the estimate has been completed in substantial compliance with the Contract Documents. SC -14.02.B. Review of Applications Delete paragraph 14.02.8.1 entirely. I Accelerated Waterlines 00800 (13) Garver No. 0296-3500 Work Order No. 2 I ' 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 I H F CI I I I L Delete paragraph I4.02.C.I of the General Conditions and replace with the following: I4.02.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 lines have been properly installed, inspected, tested, and accepted by the Owner. 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. SC -14.05 Partial Utilization Insert the following new paragraphs 14.05.A.2 and 14.05.A.3 in the General Conditions, and renumber existing paragraph 14.05.A.2 as 14.05.A.4: Accelerated Waterlines 00800 (14) Work Order No. 2 Garver No. 0296-3500 I ' "2. Any portions of the work may be considered substantially complete, prior to the entire project being substantially complete, if the OWNER may take over continuous operation of that part of the Work. Such part of the Work shall only be considered by ' ENGINEER for partial utilization if no further connections must be made to it, and no further interruptions in service due to other parts of the Work can reasonably be anticipated. I I IT L I I I I I I I Li 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." Accelerated Waterlines Work Order No. 2 End of Section 00800 00800 (15) Garver No. 0296-3500 I permits. The Contractor shall furnish the Engineer a copy of the Notice of Intent. 1.5 WORK SEQUENCE IA. Identify and locate all underground and aboveground utilities in the project area. Make the necessary utility contacts, 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: I (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 ' 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. 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. I I Ti I I The construction contract schedule shall be submitted in conjunction with and/or in addition to any other specification requirements concerning schedules. C. The Contractor shall comply with the Sequence of Construction as described in the Plans unless otherwise approved in writing by the Engineer. Part 2- PRODUCTS Not Used Accelerated Waterlines Work Order No. 2 01010 (2) Garver No. 0296-3500 Part 3 - EXECUTION Not Used End of Section 01010 Accelerated Waterlines 01010 (3) Garver No. 0296-3500 Work Order No. 2 r I L I Section 01025 MEASUREMENT AND PAYMENT Part I - GENERAL 1.1 SECTION INCLUDES: A. This section includes 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 H 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. L I I 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 J II I 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. Accelerated Waterlines 01025 (1) Garver No. 0296-3500(2) Work Order No. 2 C I Li [J 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 I H CI L C A. Payment Includes: Full compensation for required labor, products, tools, equipment, transportation, services and incidentals; erection, application or installation of an item of the Work; overhead and profit. B. Final payment for Work governed by unit prices will be made on the basis of the actual measurements and quantities accepted by Engineer multiplied by the unit price for Work which is incorporated in or made necessary by the Work. 1.6 DEFECT ASSESSMENT A. Replace the Work, or portions of the Work, not conforming to specified requirements. B. If, in the opinion of Engineer, it is not practical to remove and replace the Work, Engineer will direct that the defective Work will be repaired to the satisfaction of Engineer, and the unit price will be adjusted to a new price at the discretion of Engineer. C. The authority of Engineer to assess the defect and identify payment adjustment is final. 1.7 NON-PAYMENT FOR REJECTED PRODUCTS A. Payment will not be made for any of the following: I. 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 I Accelerated Waterlines 01025 (2) Garver No. 0296-3500(2) 'Work Order No. 2 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. IC. 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. Contractor shall be responsible for testing existing water mains that are required to be shut down for Contractor for proposed improvement. ' 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. Excess Excavation - Excess excavation is generally incidental to the payment item, except where Engineer has indicated that an excavation be expanded due to ' subsurface conditions. Excess excavation undertaken by Contractor to stabilize the trench bottom or walls, where dewatering or shoring would be suitable to correct trench conditions, will not be paid. Excess excavation includes backfilling with approved material as specified or as indicated on the Drawings. E. Furnishing and maintaining all lines, grades, survey points, and measurements necessary for the proper execution of the work under the Contract. ' 1.9 BID ITEMS 1. 8" PVC C-900 DR -14 Waterline 2. 6" PVC C-900 DR -14 Waterline Work completed under this item shall be measured as specified below and paid ' for per linear foot (L.F.) of waterline of the size specified installed as shown on the plans, or as directed by the Owner or Engineer, and accepted by the City. Measurement of 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; this measurement will include all special accessories to install the waterline as required. Payment shall be full compensation for all pipeline, excavation, bedding and backfill, Class 7 Base Granular Backfill at existing or proposed street ' Accelerated Waterlines 01025 (3) Garver No. 0296-3500(2) Work Order No. 2 I I I I Li H I H I I I H I crossings, chlorination (including existing lines shut down for the convenience of the Contractor), testing (including existing lines shut down for the convenience of the Contractor), and for all other materials, equipment, tools, labor, and incidentals necessary to complete the work. 3. Ductile Iron Fittings Work completed under this item shall be measured and paid for per pound (LB) of fittings properly installed as shown on the plans, or as directed by the Owner or Engineer, and accepted by the City. Payment shall be full compensation for fittings, swivel adapters, mechanical joint glands, "Mega -Lug" type restrained joint glands, solid sleeve couplings, thrust blocking, and all other materials, equipment, tools, labor, and incidentals necessary to complete the installation of the fittings. The contractor shall submit a list of all fittings installed and the location installed on his request for payment before payment will be considered. 4. 12" x 8" Tapping Sleeve and Valve with Valve Box 5. 8" x 8" Tapping Sleeve and Valve with Valve Box 6. 6" x 6" Tapping Sleeve and Valve with Valve Box Work completed under this item shall be measured and paid for by each (EA.) tapping sleeve and valve of the size specified on the plans, or as directed by the Owner or Engineer, installed and accepted by the City. Payment shall be full compensation for furnishing and installing the tapping sleeve and valve with valve box, tapping the water main, "Mega -Lug" type restrained joint glands, thrust blocking, testing, and all other equipment, tools, labor, and incidentals necessary to complete the work. 7. 8" Gate Valve with Valve Box 8. 6" Gate Valve with Valve Box Work completed under this item shall be measured and paid for by each (EA.) valve installed complete as shown on the plans, or as directed by the Owner or Engineer, and accepted by the City. Payment shall be full compensation for furnishing and installing the valve, valve box, "Mega -Lug" type restrained joint glands, mechanical joint plugs, thrust blocking, and concrete slabs around the top of the valve boxes materials, and all other equipment, tools, labor, and incidentals necessary to complete the work. 9. Fire Hydrant Assembly ' Work completed under this item shall be measured and paid for by each (EA.) fire hydrant assembly installed complete as shown on the plans, or as directed by the Owner or Engineer, and accepted by the City. Payment shall be full ' compensation for all fire hydrants, risers as required, auxiliary valve and valve box, locked hydrant adapters, mechanical joint tee, thrust blocking, "Mega -Lug" ' Accelerated Waterlines 01025 (4) Garver No. 0296-3500(2) Work Order No. 2 H type restrained joint glands, concrete slab around the valve box, paint, granular material for hydrant drainage, adjustment of the hydrant to match final ground ' elevations (or as directed by Owner or Engineer), and all other materials, equipment, tools, labor, and incidentals necessary to complete the fire hydrant installation. 10. Cut and Plug Existing 8" Water Main ' 11. Cut and Plug Existing 6" Water Main Work completed under this item shall be measured and paid for by each (EA.) Cut and Plug of the size shown on the plans, or as directed by the Owner or Engineer, acceptably installed and accepted. Payment shall be full compensation for furnishing and installing mechanical joint plug, "Mega -Lug" type restrained joint ' glands, thrust blocking, and all other materials, equipment, tools, labor and incidentals necessary to cut and cap and kill the water main. I12. Cut and Grout Existing Water Main Work completed under this item shall be measured and paid for by each (EA.) Cut and Grout as shown on the plans, or as directed by the Owner or Engineer, ' and all other materials, equipment, tools, labor and incidentals necessary to cut and grout the water main. acceptably installed and accepted. Payment shall be full compensation for cutting existing water main, furnishing and installing grout to cover the resulting opening, ' 13. 3" Polyethylene Service Line 14. 2" Polyethylene Service Line 15. 1" Polyethylene Service Line IWork completed under this item shall be measured and paid for by linear foot (LF) of service line of the required size installed as shown on the plans, or as ' directed by the Owner or Engineer, and accepted by the City. . Payment will include all service line, testing, fittings, ATHD class 7 granular material for backfill under paved surfaces, connection to existing house service line, cutting ' existing service line, and all other materials, equipment, tools, labor and incidentals necessary to install the service line. ' 16. 3" Service Saddle 17. 2" Service Saddle 18. 1" Service Saddle Work completed under this item shall be measured and paid for by each (EA.) service saddle of the required size installed as shown on the plans, or as directed by the Owner or Engineer, and accepted by the City. Payment shall include all • service saddles, testing, and all other materials, equipment, tools, labor and • incidentals necessary to install the service saddle. • Accelerated Waterlines 01025 (5) Garver No. 0296-3500(2) Work Order No. 2 I I ' 19. 3" Ball Valve with Valve Box 20. 2" Ball Valve with Valve Box 21. 1" Ball Valve with Valve Box ' Work completed under this item shall be measured and paid for by each (EA.) ball valve of the required size installed as shown on the plans, or as directed by the ' Owner or Engineer, and accepted by the City. Payment shall include all ball valves, testing, and all other materials, equipment, tools, labor and incidentals necessary to install the ball valves. 22. Permanent ACHM Pavement Repair 23. Permanent Concrete Pavement Repair Work completed under this item shall be measured and paid for by the square yard (S.Y.) of permanent pavement repair of the type and at the location specified in ' the Plans, or as directed by the Owner or Engineer, and accepted by the City. In no case shall the measurement extend beyond the pay limits shown in the details for each type of pavement repair unless directed by the Engineer. Pavement ' repairs of insufficient depth shall not be measured for payment. Payment shall be full compensation for the complete restoration of the pavement, including driveways, in accordance with the Plans and this specification and shall include ' sawcutting, removing and disposing of existing pavement; providing and placing asphalt, concrete or other materials; preparing subgrade; providing and placing any necessary formwork; providing and placing expansion joint materials, sawcutting and sealing control joints; placement, maintenance, and removal of temporary pavement repairs; and all other materials, equipment, tools, labor and incidentals necessary to complete the repair. 24. Remove and Deliver existing Fire Hydrant or Valve ' Work completed under this item shall be measured and paid for by each (EA.) Fire Hydrant or Valve removed and delivered as specified on the plans or as directed by the Engineer. Payment shall include removing the existing fire hydrant ' or valve, delivering the hydrant and valve to the City of Fayetteville Water & Sewer Department located on Cato Springs Road in Fayetteville, Arkansas, and all other materials, equipment, tools, labor and incidentals necessary to complete the task. 25. Water Meter Yoke ' Work completed under this item shall be measured and paid for by each (EA.) Water Meter Yoke of the size and at the location specified in the Plans, or as ' directed by the Owner or Engineer, and accepted by the City. Payment shall include providing and installing all Water Meter Yokes, and all other materials, equipment, tools, labor and incidentals necessary to install the new meter yoke. Accelerated Waterlines 01025 (6) Garver No. 0296-3500(2) Work Order No. 2 I ' 26. Water Meter Box Work completed under this item shall be measured and paid for by each (EA.) Water Meter Box of the size and at the location specified, or as directed by the Owner or Engineer, and accepted by the City. Payment shall include providing and installing the Water Meter Box, and all other materials, equipment, tools, ' labor and incidentals necessary to install the new meter box. 27. Water Meter Lid ' Work completed under this item shall be measured and paid for by each (EA.) Water Meter Lid of the size and at the location specified, or as directed by the ' Owner or Engineer, and accepted by the City. Payment shall include providing and installing the Water Meter Lid, and all other materials, equipment, tools, labor and incidentals necessary to install the new meter lid. ' 28. Adjust Existing Meter Location ' Work completed under this item shall be measured and paid for by each (EA.) Water Meter Assembly located as specified, or as directed by the Owner or Engineer, and accepted by the City. Payment shall include relocating and ' reconnecting the meter setting, yoke, box, lid, and all materials, equipment, tools, labor and incidentals necessary to relocate the existing meter assembly. 29. 16" Steel Encasement Pipe Installed By Open Cut Work completed under this item shall be measured and paid for per linear foot ' (L.F.) of steel encasement pipe, of the size specified, installed as shown on the plans, or as directed by the Owner or Engineer, and accepted by the City. Payment shall be full compensation for all encasement pipe, spacers, end seals, ' weld shields, sleeves for carrier pipe, and for all other materials, equipment, tools, labor, and incidentals necessary to complete the work. 30. 4 -inch Concrete Sidewalk ' Work completed under this item shall be measured and paid for per square yard (SY) of 4 -inch Concrete Sidewalk installed as shown on the plans, or as directed ' by the Owner or Engineer, and accepted by the City. Payment shall be full compensation for preparing the subgrade; constructing and removing formwork; providing, placing, finishing, and curing concrete; providing and placing ' expansion joint material; sawcutting control joints; and for all other materials, equipment, tools, labor, and incidentals necessary to complete the work. Accelerated Waterlines 01025 (7) Garver No. 0296-3500(2) I Work Order No. 2 L I J I I I I I I H I I 31. 2' Concrete Curb and Gutter 32. 6" Concrete Curb Work completed under this item shall be measured as specified below and paid for per linear foot (L.F.) of Concrete Curb and Gutter or Concrete Curb as shown on the plans, or as directed by the Owner or Engineer, and accepted by the City. Measurement as a basis of payment shall be made along the back edge of each continuous section of the curb and gutter or the curb and shall include the space occupied by all joints. The quantity of the final estimate will be the sum of the several measurements, to the nearest linear foot. Payment shall be full compensation for all excavating and fine grading; providing, placing, and removing formwork; providing, placing, finishing, and curing concrete; providing and placing expansion joint material; sawcutting control joints; reinforcing steel; and for all equipment, tools, labor, and incidentals necessary to complete the work. 33. Site Preparation Work completed under this item shall be measured and paid for per lump sum (LS) of Site Preparation. Payment shall be full compensation for mobilization, clearing and grubbing, clean up, staging areas, removal and disposal of structures, 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. 34. Trench Excavation and Safety This item shall consist of trench and excavation safety systems required for constructing improvements that necessitate open excavations on the project. All work under this item shall be in accordance with the current edition of the "Occupational Safety and Health Administration Standard for Excavation and Trenches Safety System, 29 CFR 1926, Subpart "P". The work required by this item will be paid for at the lump sum price bid for "Trench and Excavation Safety Systems for Water & Sewer Improvements". After award of the contract, the Contractor shall submit to the Engineer a breakdown of cost for work involved in the lump sum price bid for "Trench and Excavation Safety Systems for Water & Sewer Improvements" and shall, with each periodic payment request, submit a certification by the Contractor's "competent person" as defined in Subpart "P" 1926.650(b) that the Contractor has complied with the provisions of "Occupational Safety and Health Administration Standard for Excavation and Trenches Safety System", 29 CFR 1926 Subpart P for work for which payment is requested. ' 35. Maintenance of Traffic I Accelerated Waterlines 01025 (8) Garver No. 0296-3500(2) Work Order No. 2 I I I I .77 H H I I Work completed under this item shall be measured and paid for per lump sum (LS) of Maintenance of Traffic. This item shall consist of maintaining access to drives and streets in a safe manner. It is the Contractors responsibility to install and maintain all necessary controls. Periodic payments will be made in proportion to the amount of work accomplished, as determined by the Engineer, and will be full compensation for providing all advance warning devices, traffic safety devices, flag persons, temporary surfaces, barricades, temporary safety fencing, and all other materials, labor, and incidentals necessary to perform the work. 36. Erosion Control Work completed under this item shall be measured and paid for per lump sum (LS) of Erosion Control. This item shall consist of the application of Temporary Erosion Control items at locations as required for permit compliance. It shall be the Contractors responsibility to install and maintain all the items and to coordinate, submit, obtain, and comply with all necessary Federal, State, and local permits. Periodic payments will be made in proportion to the amount of work accomplished, as determined by the Engineer, and will be full compensation for obtaining all licenses and permits, erosion control, including all materials, labor, and incidentals necessary to perform the work. ' Part 2 -PRODUCTS Not Used Part 3- EXECUTION Not Used 1 Accelerated Waterlines Work Order No. 2 End of Section 01025 01025 (9) Garver No. 0296-3500(2) I Section 01035 MODIFICATION PROCEDURE Part 1 - GENERAL 1.1 SUMMARY IA. 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. I I I 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 IA. Change Order Form: EJCDC 1910-8-B or other approved by the Owner. ' B. Work Change Directive Form: EJCDC 1910-F or other approved by the Owner. C. Field Order Form: Engineer's letter. I Accelerated Waterlines Work Order No. 2 01035 (1) Garver No. 0296-3500 L 1.4 DOCUMENTATION OF CHANGE IN CONTRACT PRICE AND CONTRACT TIME 1 A. Maintain detailed records of work done on a time and material basis. Provide full information required for evaluation of proposed changes, and to substantiate costs of changes in the Work. B. Document each quotation for a change in cost or time with sufficient data to allow evaluation of the quotation. 1 C. On request, provide additional data to support computations: I. Quantities of products, labor, and equipment. 2. Taxes, insurance, and bonds. 1 3. Overhead and profit. 4. Justification for any change in Contract Time. 5. Credit for deletions from the Work, similarly documented. ' D. Support each claim for additional costs, and for work done on a time and material basis, with additional information: 1. Origin and date of claim. 2. Dates and times work was performed, and by whom. 1 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 1 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. IC. 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. Accelerated Waterlines 01035 (2) Garver No. 0296-3500 1 Work Order No. 2 u 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 ' 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 IA. 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 1.11 CORRELATION OF CONTRACTOR SUBMITTALS I I I I I I A. Promptly revise Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Price. B. Promptly revise progress schedules to reflect any change in Contract Time, revise sub - schedules to adjust time for other items of work affected by the change, and resubmit. C. Promptly enter changes in Project Record Documents. Part 2- PRODUCTS Not Used. Part 3 - EXECUTION Not Used. Accelerated Waterlines Work Order No. 2 End of Section 01035 01035 (3) Garver No. 0296-3500 I I iI I [,I I Section 01040 COORDINATION AND MEETINGS Part I - GENERAL 1.1 SUMMARY A. This Section expands upon requirements regarding coordination, conferences and meetings, described to permit direct reference from individual product specification Sections. Coordination 2. Pre -construction conference 3. Progress meetings 1.2 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. ' 1.3 COORDINATION I I C r I I C 1' A. Coordinate construction activities with other contractors working in the same vicinity on other projects. It is anticipated that other utilities maybe relocated during the same time, in the same area as this project. B. The Contractor, on the basis of the schedule and progress meetings shall notify the appropriate property owners of earthwork, trenching, pipe laying, cleanup, or other activities scheduled to occur on, or adjacent to, their property during the coming week. The individual property owner, or tenant thereof, shall be notified at least 48 hours in advance of occupying, storing materials on, or performing work on any right-of-way or easement. It shall be the responsibility of the Contractor to provide a minimum of 72 hours advance notice to the Engineer, Traffic department, Police Department, and Fire Department prior to cutting or blocking any public street or roadway. All planned interruptions of water service shall be coordinated with the Engineer and the Fayetteville Water department. A minimum of 48 hours notice shall be required. Service interruptions, when allowed by the Engineer, shall be scheduled between 8:00 a.m. and 5:00 p.m. and shall be limited to a maximum time of 4 hours for each individual meter unless specifically approved otherwise. Accelerated Waterlines Work Order No. 2 01040 (1) Garver No. 0296-3500 ' 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 for the City ' of Fayetteville. 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: I. 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. Accelerated Waterlines 01040 (2) Garver No. 0296-3500 ' Work Order No. 2 I 1 1 1 1 1 1 1 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: I. 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. Accelerated Waterlines Work Order No. 2 01040 (3) Garver No. 0296-3500 I ' 12. Effect of proposed changes on progress schedule and coordination. 13. Other business relating to Work. 1 Part 2- PRODUCTS Not Used ' Part 3 -EXECUTION Not Used End of Section 01040 1 I 1 1 1 Accelerated Waterlines 01040 (4) Garver No. 0296-3500 Work Order No. 2 I 1 1 1 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. AI 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 Accelerated Waterlines 01090 (1) Work Order No. 2 Garver No. 0296-3500 I Li I I I I [1 I I LI I I I J G. ASTM American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 H. AWWA American Water Works Association 6666 West Quincy Avenue Denver, CO 80235 EJCDC Engineers' Joint Contract Documents Committee American Consulting Engineers Council 1015 15th Street, NW Washington, DC 20005 J. FS Federal Specifications General Services Administration, Specifications and Consumer Information Distribution Section (WFSIS) Washington Navy Yard, Building 197 Washington, DC 20407 K. MIL Military Specification Naval Publications and Forms Center 5801 Tabor Avenue Philadelphia, PA 19120 L. PCA Portland Cement Association 5420 Old Orchard Road Skokie, IL 60077 M. UL UnderwritersLaboratories, 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 Accelerated Waterlines Work Order No. 2 01090 (2) Garver No. 0296-3500 I ' AWS - American Welding Society ' GSA - General Services Administration, U.S. Government NHBA - National Builders Hardware Association ' NEC - National Electric Code NEMA - National Electric Manufactures Association NFPA - National Fire Protection Association ' NPT - National Pipe thread SBC - Standard Building Code (also SSBC) SPA - Southern Products Association A - Ampere cfrn - 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 I I I I PART2-PRODUCTS Not Used PART 3- EXECUTION Not Used End of Section 01090 Accelerated Waterlines 'Work Order No. 2 01090 (3) Garver No. 0296-3500 E Section 01300 SUBMITTALS Part 1 -GENERAL 1.1 SUMMARY IA. 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, tand 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 an alphabetic suffix. C. Identify Project, Contractor, Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate. D. Apply Contractor's stamp, signed or initialed certifying that review, verification of Products required, field dimensions, adjacent construction Work, and coordination of information, is in accordance with the requirements of the Work and Contract Documents. E. Schedule submittals to expedite the Project, and deliver to Engineer. Coordinate submission of related items. F. Identify variations from Contract Documents and Product or system limitations which may be detrimental to successful performance of the completed Work. G. Provide space for Contractor and Engineer review stamps. H. Revise and resubmit submittals as required, identify all changes made since previous submittal. H Accelerated Waterlines 'Work Order No. 2 01300 (1) Garver No. 0296-3500 I 1 1 1 1 1 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: 1. Set horizontal control points and provide coordinates in Plans to allow for Contractor's layout. 2. Reset points found to be in error. B. Contractor shall provide the following staking: 1. All construction staking except as provided by Engineer above. 2. Reset stakes, marks, or pins lost due to Contractor's operations. 1.3 CONTROL STAKING A. Survey Control Points 1. Engineer has provided location of survey control points with horizontal and vertical locations throughout the Plans for use by the Contractor in performing construction staking for the Work. B. Checking Stakes I. Examine points before commencing operations. Accelerated Waterlines 01051 (1) Garver No. 0296-3500 Work Order No. 2 I 1 1 1 1 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 I. 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 Accelerated Waterlines Work Order No. 2 End of Section 01051 01051 (2) Garver No. 0296-3500 I I Section 01060 REGULATORY REQUIREMENTS ' Part I - GENERAL 1.1 SECTION INCLUDES: A. Listing of certain applicable local, state, and federal regulatory 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. IC. 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 SPECIFICATIONS I A. City of Fayetteville Standards for Waterline Construction, dated April 1996, or their latest revision, are available in Appendix A for review. ' 1.6 ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT ' A. Construction standards as listed in individual Specification Sections. Accelerated Waterlines 01060 (1) Garver No. 0296-3500 Work Order No. 2 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. Part 2- PRODUCTS Not Used Part 3 - EXECUTION Not Used End of Section 01060 Accelerated Waterlines 01060 (2) Garver No. 0296-3500 Work Order No. 2 I J LI H I. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions. 1.3 CONSTRUCTION PROGRESS SCHEDULES A. Submit initial progress schedule in duplicate within 15 days after date of Owner - Contractor Agreement for Engineer review. B. 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. IE. Indicate submittal dates required for shop drawings, product data, and samples. t1.4 SHOP DRAWINGS C 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. I I I I I 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: Accelerated Waterlines Work Order No. 2 Maintain an accurate submittal log for the duration of the Work, showing current status of all submittals at all times. 01300 (2) Garver No. 0296-3500 I 2. Make the submittal log available to the Engineer for the Engineer's review upon request. 1 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 ' 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 IA. When specified in individual specification Sections, submit manufacturers' certificate to Engineer for review, in quantities specified for Product Data. Accelerated Waterlines 01300 (3) Garver No. 0296-3500 Work Order No. 2 B. Indicate that material or product conforms to or exceeds specified requirements. Submit supporting reference data affidavits, and certifications as appropriate. C. Certificates may be recent or previous test results on material or Product, but must be acceptable to Engineer. Part 2- PRODUCTS Not Used Part 3 - EXECUTION Not Used End of Section 01300 Accelerated Waterlines 01300 (4) Garver No. 0296-3500 Work Order No. 2 I ISection 01410 ' TESTING LABORATORY SERVICES ' Part 1 -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. 1 ID. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited Ito, 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. Accelerated Waterlines 01410 (1) Garver No. 0296-3500 Work Order No. 2 11 1 1.2 TESTING LABORATORY AND TEST A. The testing laboratory will be qualified to the Owner's approval in accordance with ASTM E 329. 1 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 1 American Association of State Highway and Transportation Officials. 1 1.3 DELIVERY, STORAGE, AND HANDLING A. Comply with pertinent provisions of Section 01620. 1 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 QUALITY ASSURANCE / QUALITY CONTROL Responsibilities for Quality Assurance and Quality Control testing are described in the technical specifications. The costs for failed tests shall be borne by the Contractor. 2.3 CODE COMPLIANCE TESTING 1 Inspections and tests required by codes or ordinances, or by a plan approval authority, and which are made by a legally constituted authority, shall be the responsibility of and shall be paid for by Contractor, unless otherwise provided in the Contract Documents. 2.4 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. Accelerated Waterlines 01410 (2) Garver No. 0296-3500 Work Order No. 2 I I 3.2 L n I I I L I L! L C I L I I I I 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: 1. By advance discussion with testing laboratory selected by Owner, determine the time required for laboratory to perform tests and to issue findings. 2. Provide all required time within the construction schedule. B. Revising schedule: When changes of construction schedule are necessary during construction, coordinate all such changes with the testing laboratory as required. C. Adherence to schedule: When the testing laboratory is ready to test according to the established schedule, but is prevented from testing or taking specimens due to incompleteness of the Work, all extra charges for testing attributable to the delay may be back -charged to Contractor and shall not be borne by Owner. End of Section 01410 Accelerated Waterlines 01410 (3) Garver No. 0296-3500 Work Order No. 2 I ISection 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS Part 1 - GENERAL 1.1 SUMMARY A. This Section describes construction facilities and temporary controls required for the Work. ' B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, ' 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. I 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 IA. Maintain temporary facilities and controls in proper and safe condition throughout progress of the Work. II I I Accelerated Waterlines 01500 (1) Garver No. 0296-3500 Work Order No. 2 I IPart 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 maybe ' maintained by use of flagmen. B. Conduct work as to assure the least possible obstruction to traffic. Provide for safety and convenience of the general public, residents affected by construction, and protection of persons and property. IC. 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 IA. Water I. 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 ' ] . 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. 1 C. Heating: Provide and pay for heat devices and heat necessary to maintain specified conditions for construction operations needed in the Work. 1 Accelerated Waterlines 01500 (2) Garver No. 0296-3500 ' Work Order No. 2 D. Temporary Ventilation ' 1. Ventilate enclosed areas to assist cure of materials, to dissipate humidity, and to prevent accumulation of dust, fumes, vapors, or gases. 2. Provide equipment as required to maintain proper ventilation construction operations. 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 Accelerated Waterlines 01500 (3) Garver No. 0296-3500 Work Order No. 2 I Iunauthorized entry, vandalism, or theft. 2.7 ACCESS ROADS A. Construct and maintain temporary roads accessing public thoroughfares to serve construction area. B. Extend and relocate as Work progress requires. Provide detours necessary for unimpeded traffic flow. C. Provide and maintain access to fire hydrants, free of obstructions. 2.8 PROGRESS CLEANING A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition. B. Remove waste materials, debris, and rubbish from site periodically and dispose off -site. ' 2.9 FIELD OFFICES AND SHEDS A. Contractor's facilities: (applicable when included as a bid item) 1. Provide a temporary field office building and sheds adequate in size and accommodation for Contractor's offices, supply, and storage. 2. Within the Contractor's facilities, provide enclosed space adequate for holding project meetings. Furnish with table, chairs, and utilities. 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 IA. 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. Accelerated Waterlines 01500 (4) Garver No. 0296-3500 Work Order No. 2 I I 2.11 TEMPORARY FENCING A. Provide a temporary fence of design and type needed to prevent entry by the public onto the open excavation areas of the Work. This temporary fence shall be installed and remain in - place around areas of excavation that shall remain open to the public for periods of longer than 8 hours, and around areas of excavation that are immediately adjacent to areas of public travel, such as sidewalks, public streets, etc., that shall remain open for periods longer than 8 hours. 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. 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. 1 ' End of Section 01500 I I I I Accelerated Waterlines 01500 (5) Garver No. 0296-3500 Work Order No. 2 ISection 01620 ' STORAGE AND PROTECTION Part 1 - GENERAL ' 1.1 SUMMARY ' A. Protect products scheduled for use in the Work by means including, but not necessarily limited to, those described in this Section. ' B. Related work: ' 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, and Supplementary Conditions of these Specifications. 2. Additional procedures also may be prescribed in other Sections of these Specifications. I1.2 QUALITY ASSURANCE IA. Include within the Contractor's quality assurance program such procedures as are required to assure full protection of work and materials. 1.3 MANUFACTURERS' RECOMMENDATIONS A. Except as otherwise approved by the Engineer, determine and comply with manufacturers' ' recommendations of product handling, storage, and protection. 1.4 PACKAGING A. Deliver products to the job site in their manufacturer's original container, with labels intact and legible. 1. Maintain packaged materials with seals unbroken and labels intact until time of use. ' 2. Promptly remove damaged material and unsuitable items from the job site, and promptly replace with material meeting the specified requirements, at no additional cost to the Owner. B. Engineer may reject as non -complying such material and products that do not bear identification satisfactory to Engineer as to manufacturer, grade, quality, and other pertinent '1 information. I Accelerated Waterlines 01620 (1) Garver No. 0296-3500 Work Order No. 2 I ' 1.5 STORAGE IA. Store materials, supplies and equipment in an orderly fashion at the site of the work as will not unduly interfere with the progress of his work or of other contractors. Payment will only be made for approved materials located within a secure location. ' 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. I 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. ID. Exercise due care to avoid damage to existing improvements or facilities, fences, building, structures, adjacent properties, and trees and shrubs that are not to be removed. E. In the event of temporary suspension of work, or during inclement weather, or whenever Engineer shall direct, direct Subcontractors to carefully protect the Work and materials against damages or injury from the weather. 1.7 REPAIRS AND REPLACEMENTS ' A. In event of damage, promptly make replacements and repairs to the approval of Engineer and at no additional cost to Owner. B. Additional time required to secure replacements and to make repairs will not be considered by Engineer to justify an extension in the Contract Time. ,1 End of Section 01620 I Ll Accelerated Waterlines 01620 (2) Garver No. 0296-3500 Work Order No. 2 C Li I 7 Part 1 - GENERAL 1.1 SUMMARY Section 01630 PRODUCT OPTIONS AND SUBSTITUTIONS I A. This Section describes product options available to the Contractor, plus procedures for securing approval of proposed substitutions. I H H C C I I C I LI I I I B. Related work: I. Documents affecting work of this Section include, but are 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. Accelerated Waterlines Work Order No. 2 01630 (1) Garver No. 0296-3500 I C. Where materials and/or methods are specified by name and/or model number, followed by the words "or equal": I. 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: I. 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 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. J I I I Ti I I I B. Whether or not Engineer approves a proposed substitution, Contractor promptly upon receipt from Owner of Engineer's billing shall reimburse Owner for the charges of Engineer and Engineer's Consultants for evaluating each such proposed substitute item. 1.4 DELAYS A. Delays in construction arising by virtue of the non -availability of a specified material and/or method will not be considered by Engineer as justifying an extension of the agreed Contract Time. Accelerated Waterlines Work Order No. 2 End of Section 01630 01630 (2) Garver No. 0296-3500 I I 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 IA. 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: 1. Prepare and submit the list required by the first sentence of paragraph 14.04 of the General Conditions. 2. Within a reasonable time after receipt of the list, 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: I. Prepare and submit the notice required by the first sentence of Paragraph 14.06 of the Accelerated Waterlines 01700 (1) Garver No. 0296-3500 Work Order No. 2 I General Conditions. 2. Verify that the Work is complete including, but not necessarily limited to, the items ' mentioned in Paragraph 14.07.A of the General Conditions. 3. Certify that: a. Contract Documents have been reviewed; ' b. Work has been inspected for compliance with the Contract Documents; c. Work has been completed in accordance with the Contract Documents; d. Equipment and systems have been tested as required, and are operational; and ' e. Work is completed and ready for final inspection. 4. Engineer will make an inspection to verify status of completion. 5. Should Engineer determine that the Work is incomplete or defective: a. Engineer promptly will so notify Contractor and Owner, in writing, listing the incomplete or defective work. b. Remedy the deficiencies promptly, and notify Engineer when ready for reinspection. ' 6. When Engineer determines that the Work is acceptable under the Contract Documents, he will request Contractor to make closeout submittals. C. Closeout submittals include, but are not necessarily limited to: 1. Project Record Documents. 2. Operation and maintenance data for items so listed in pertinent other Sections of these Specifications, and for other items when so directed by Engineer. 3. Warranties and Bonds 4. Specifications with recorded changes made by addenda. 5. Spare parts and materials extra stock '6. Evidence of compliance with requirements of government agencies having jurisdiction including, but not necessarily limited to: ' a. Certificates of Inspection; b. Certificates of Occupancy; 7. Certificates of Insurance for products and completed operations; ' 8. Evidence of payment and release of liens; 9. List of subcontractors, service organizations, and principal vendors, including names, addresses, and telephone numbers where they can be reached for emergency service at all times including nights, weekends, and holidays. D. Final adjustment of accounts: Submit a final statement of accounting to Engineer, showing ' all adjustments to the Contract Price. A final Change Order reconciling quantities installed to contract amounts will be issued. 1.4 FINAL CLEANING IA. Execute final cleaning prior to final inspection. Accelerated Waterlines Work Order No. 2 01700 (2) Garver No. 0296-3500 H LJ B. Remove waste and surplus materials, rubbish, and construction facilities from the site. C. Restore areas disturbed by the Work. 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. '• I. Contract Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other Modifications to the Contract. 5. Reviewed shop drawings, product data, and samples. ' B. Store Record Documents separate from documents used for construction. C. Record information concurrent with construction progress. Failure to promptly make notations ' on Record Documents will be considered in evaluating requests for progress payments. 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. ' F. Submittal, Review, and Approval Accelerated Waterlines 01700 (3) Garver No. 0296-3500 Work Order No. 2 [J 1. Submit the completed set of Project Record Documents to Engineer for review. 2. Participate in review meetings as required. ' 3. Make required changes and promptly deliver the final Project Record Documents to Engineer. ' G. Contractor has no responsibility for recording changes in the Work subsequent to Final Completion, except for changes resulting from work performed under Warranty. 1.7 OPERATION AND MAINTENANCE DATA A. Submit three sets prior to final inspection, bound in 8-1/2 x 11 inch text pages, three ring capacity expansion binders with durable plastic covers. B. Prepare binder covers with printed title "OPERATION AND MAINTENANCE INSTRUCTIONS", title of project, and subject matter of binder when multiple binders are required. ' C. Internally subdivide the binder contents with permanent page dividers, logically organized as described below, with tab titling clearly printed under reinforced laminated plastic tabs. D. Contents: Prepare a Table of Contents for each volume, with each product or system description identified, type on 30 pound white paper. ' E. Part 1: Directory, listing names, addresses, and telephone numbers of Engineer, Contractor, Subcontractors, and major equipment suppliers. F. Part 2: Operation and maintenance instructions, arranged by system and subdivided by specification section. For each category, identify names, addresses, and telephone numbers of 'Subcontractors and suppliers. Identify the following: I. 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. 1 G. Part 3: Project documents and certificates, including the following: I . 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. Accelerated Waterlines 01700 (4) Garver No. 0296-3500 Work Order No. 2 I. Submit final volumes revised, within ten (10) days after final inspection. 1.8 WARRANTIES A. Provide duplicate notarized copies. B. Execute and assemble documents from Subcontractors, Suppliers, and manufacturers. C. Provide Table of Contents and assemble in three ring binder with durable plastic cover. 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 Accelerated Waterlines Work Order No. 2 01700 (5) Garver No. 0296-3500 SECTION 02100 - SITE PREPARATION ' PART 1- GENERAL ' 1.1 SUMMARY A. This Section includes the following: ' I . Utilities. 2. Existing Improvements. 3. Protection of Existing Trees. 4. Clearing and Grubbing 5. Disposal of Waste Materials 6. Topsoil Stripping. ' 7. Fence and Gate Removal and Replacement 1.2 RELATED WORK A. Section 02161 — Trench Excavation and Safety 1.3 GENERAL 1 I 1 1 1 1 1 I A. The Contractor shall clear a construction right-of-way as narrow as possible and avoid unnecessary removal or damage to the trees, shrubs, and other landscaping. B. The Contractor shall not remove or disturb any vegetation except that required for the execution of the work. The Contractor shall limit all his operations to the areas of the permanent and temporary easements; therefore, any/all damage to vegetation done by the Contractor outside these areas shall be repaired at his own expense and to the satisfaction of the Owner and the affected property owner. C. Where the presence of livestock, pets or other conditions exist that require continuous confinement, the Contractor shall construct temporary fencing adequate to contain such livestock, etc. D. The area of construction shall be kept clean and well maintained with special emphasis given to the area of lawns and maintained grass areas. Construction debris, paper, trash, and other items shall be picked up at the end of each day's construction work. Restoration work shall be done each day as the applicable sewer main work is completed to the extent that driveways, access roads, etc. are usable. Whether temporary or permanent, the daily restoration work shall be approved by the Owner. 1.4 PROJECT CONDITIONS A. Authority for performing removal and alteration work on property adjoining permanent or temporary construction easements, or properties to which the OWNER has no legal rights, will be obtained by CONTRACTOR prior to beginning work. 1.5 A. Indicated locations are approximate; determine exact locations before beginning work. 02100 -Site Preparation.doc 02100-1 Garver Project No. 0296-3500(2) SECTION 02100 - SITE PREPARATION (continued) I I I I I J I I H I I I I H I B. Arrange and pay for disconnecting, removing, capping, and plugging utility services. Notify affected utility companies in advance and obtain approval before starting this Work. C. Place markers to indicate location of disconnected services. Identify service lines and capping locations on Project Record Documents. PART 2- PRODUCTS NOT USED PART 3- EXECUTION 3.1 GENERAL A. Before beginning Site Preparation operations, call the Arkansas One -Call system at 1- 800-482-8998 and/or the utility owner (if not a member of the One -Call service). Allow at least two working days advance notification. 3.2 MAINTENANCE OF TRAFFIC A. Conform to the requirements of City of Fayetteville Standard Waterline Specifications. 3.3 UTILITIES A. The location and/or elevation of existing utilities as shown on the Drawings is based on information provided by others. The information is not to be relied on as being exact or complete. Call the Arkansas One -Call system at 1-800-482-8998 and/or the utility owner (if not a member of the One -Call service), at least two working days before any excavation to request exact field location of utilities. B. Protect utilities encountered during excavation. C. All existing water or sewer services are to remain active until the new lines are put into service. If an existing service line interferes with the installation of a new water or sewer line such that the planned grade and alignment of the new line cannot be met, as determined by the owner, the contractor shall provide a temporary service line for the continuation of service. At the beginning of this project, in advance of any construction, the contractor shall coordinate with the owner and the engineer to establish routes of temporary service lines. Connection of the temporary service lines to existing lines shall also be coordinated such that shutdown time of the existing service will be minimal. D. All temporary service lines, fittings, and appurtenances shall be constructed of materials approved by the owner and shall be of sufficient length and location to permit installation of the new service line. Temporary lines may be routed through existing driveway culverts if approved by the owner. All temporary service lines shall be maintained in safe and operational condition until the new service line enters service. All other aspects of materials and construction of temporary service lines, including I 02100 -Site Preparation.doc 02100-2 Garver Project No. 0296-3500(2) SECTION 02100 - SITE PREPARATION (continued) ' cutting, plugging and blocking the existing lines, shall conform to the plans and specifications pertaining to the permanent service lines for this project. ' E. After the new service line enters service, all piping materials and valves, fittings, etc. Used for temporary service lines shall be removed and shall remain the property of the ' contractor. All open trenches shall be properly backfilled and compacted as approved by the engineer. F. If utilities are damaged or utility service is interrupted by work under this section, the utility owner has the first right to repair. If public health or safety is at risk, CONTRACTOR shall take appropriate, prudent action to repair damage and service interruption. Costs of utility protection and repair shall be borne by the CONTRACTOR. G. If existing utilities are found to interfere with the permanent facility being constructed, notify the ENGINEER for instructions. H. Do not proceed with permanent relocation of utilities without written instructions from the ENGINEER. 3.4 PROTECTION OF EXISTING TREES A. Trees, shrubs, or other items located in or adjacent to maintained yards shall not be removed or damaged by the Contractor without specific authorization from the Owner for each item. The Contractor shall remove from the area and properly dispose of all trees, stumps, limbs, piles of excess excavation, or any other items removed so as to allow construction. B. Protect trees designated to remain. I. Erect suitable barrier around trees, as approved by ENGINEER. 2. Do not allow heavy pedestrian or as vehicular traffic over root zone of trees Ito be saved. 3. Do not place construction materials or stockpiles within the tree drip line. C. Water trees and other vegetation indicated to remain, or as directed by ENGINEER, as required to maintain their health during course of construction operations. ID. Provide protection for roots over 1-1/2 inch in diameter that are cut during construction operations. Coat cut faces with emulsified asphalt or other acceptable coating formulated to use on damaged plant tissues. Temporarily cover exposed roots with wet burlap to prevent roots from drying out; cover with earth as soon as possible. E. Repair or replace trees and vegetation indicated to remain that are damaged by ' construction operations in a manner acceptable to the ENGINEER. Employ a licensed arborist to repair damage to trees and shrubs. F. Replace trees that cannot be repaired and restored to full -growth status, as determined 02100 -Site Preparation.doc 02100-3 Garver Project No. 0296-3500(2) SECTION 02100 - SITE PREPARATION (continued) by CITY's Landscape Administrator. CLEARING AND GRUBBING: After tree protection barricades are installed, remove all trees, shrubs, grass, or other vegetation, improvements, and obstructions that interfere with new construction unless otherwise indicated on the drawings.. Completely remove stump, surface. debris protruding through ground Cut minor roots and branches of trees indicated to remain in a clean and careful manner where such roots and branches obstruct installation of new construction. Use only hand methods for grubbing inside drip line of trees indicated to remain. Fill depressions caused by clearing and grubbing operations with satisfactory soil material, unless further excavation or earthwork is indicated. Place fill material in horizontal layers not exceeding 6 inches loose depth, and thoroughly compact each layer to a density equal to adjacent original ground. Removal of Improvements: Remove existing above -grade and below -grade improvements as indicated and as necessary to facilitate new construction. Abandonment or removal of certain underground pipe or conduits may be indicated on mechanical or electrical drawings and is included under work of related Division 15 and 16 Sections. Removing abandoned underground piping or conduits interfering with construction are included under this Section. DISPOSAL OF WASTE MATERIALS Burning of material shall only be done when allowed by local authorities. When allowed, the burning shall be done in accordance with all applicable local, state, and federal regulations. When perishable material is burned, it shall be under the constant care of a competent watcher. Burning shall be accomplished at such times and in such manner that the surrounding vegetation, adjacent property, or anything designated to remain on the project site will not be jeopardized. CONTRACTOR shall cease all burning operations when Federal, State, or local government agencies declare that meteorological conditions are unsuitable for burning. CONTRACTOR may resume burning operations when conditions are again suitable for burning. Unless allowed otherwise by regulatory authorities, materials to be burned will be 02100 -Site Preparation.doc 02100-4 Garver Project No. 0296-3500(2) SECTION 02100 - SITE PREPARATION (continued) I I I I I H I C I I r H I placed in an incineration pit and an acceptable forced air device is used that will minimize the emission of smoke, fly ash, or other pollutants. This device shall be constructed so that the forced air is directed over the fire by the use of plenums or ducts. Open fans or mulch blowers are not acceptable and will not be allowed for burning operations. G. CONTRACTOR shall comply with all Federal, State, County, and local laws, regulations, or ordinances applicable to the disposal of clearing and grubbing material. Under no circumstances will the airborne emission of live sparks or burning debris be allowed from the burning operations. H. Materials and debris that cannot be burned shall be removed from the construction limits and disposed of as directed by ENGINEER. Any extra costs incurred by CONTRACTOR in obtaining disposal sites, hauling, and final cleanup will be at CONTRACTOR's expense. 3.8 TOPSOIL STRIPPING A. Topsoil is defined as friable clay loam surface soil found in a depth of not less than 4 inches. B. Satisfactory topsoil is reasonably free of subsoil, clay lumps, stones, and other objects over 2 inches in diameter, and without weeds, roots, and other objectionable material. C. Strip topsoil to whatever depths encountered in a manner to prevent intermingling with underlying subsoil or other objectionable material. Remove heavy growths of grass from areas before stripping. D. Where existing trees are indicated to remain, leave existing topsoil in place within drip lines to prevent damage to root system. E. Stockpile topsoil in storage piles in areas indicated or directed. Construct storage piles to provide free drainage of surface water. Cover storage piles, if required, to prevent wind erosion. F. Dispose of unsuitable or excess topsoil as specified for disposal of waste material. 3.9 FENCE AND GATE REMOVAL AND REPLACEMENT A. Remove all wood, wire, block, or other type of fencing or gates that will interfere with new construction unless otherwise indicated on the drawings. CONTRACTOR shall be responsible for disposal of fencing removed from the site. B. CONTRACTOR shall be responsible for replacing all fencing and gates removed during construction activities to same or better condition unless so directed otherwise by ENGINEER. END OF SECTION 02100 02100 -Site Preparation.doc 02100-5 Garver Project No. 0296-3500(2) I I SECTION 02161- TRENCH EXCAVATION AND SAFETY ' PART 1- GENERAL 1.1 SECTION INCLUDES ' A. This section covers the trench and excavation safety system required for constructing improvements that necessitate open excavations on the project. All work under this item shall be in accordance with the current edition of the OSHA Standard for Excavation and Trench Safety Systems, 29 CFR 1926 Subpart P. 1.2 RELATED SECTIONS A. Contract Documents 1.3 REFERENCE STANDARDS A. 29 CFR 1296 Subpart P -Occupational Safety and Health Standards — Excavations ' 1.4 NOTIFICATION REQUIRED A. The Contractor, before beginning any excavation, shall notify the State Department of ' Labor (Safety Division) that work is commencing on a project which has excavations five feet deep or deeper. The Contractor shall provide written documentation of the notification to the Owner. ' B. The Contractor shall notify all utility companies and owners in accordance with the OSHA requirements given in 29 CFR 1926.651(b)(2) for the purpose of locating ' utilities and underground installations. 1.5 EXISTING STRUCTURES AND UTILITIES A. 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. B. The Contractor may elect to remove and replace or relocate such structures or utilities with the written approval of the Utility and the Owner. PART 2- MATERIALS ' Not Applicable PART 3- EXECUTION Not Applicable 1 END OF SECTION 02161 02161 -trench excavation and safety.doc 02161-1 Garver Project No. 0296-3500(2) I ' SECTION 02270 - EROSION CONTROL PART 1- GENERAL 1.1 SECTION INCLUDES A. Temporary silt barrier. ' B. Temporary ditch checks I1.2 RELATED SECTIONS A. Section 02100 - Site Preparation B. City Standards 1.3 QUALITY ASSURANCE ' A. Erosion controls shall meet all requirements of the EPA. 1.4 SYSTEM DESCRIPTION 1 A. Definitions I. Silt Fence - A temporary silt barrier consisting of filter fabric buried at the bottom, ' stretched, and supported by posts. 2. Ditch Checks - A barrier installed across, or at the toe of, a slope to intercept and detain silt. IB. Purpose I. Silt Fence - To retain silt from small disturbed areas by reducing the velocity of sheet flows to allow silt deposition. 2. Ditch Checks - To intercept and detain small amounts of silt from unprotected areas of less than 1/2 acre. ' C. Location 1. Silt Fence a. Below small disturbed areas. Ib. Where runoff can be stored behind the silt fence without damaging the fence or the submerged area behind the fence. t c. Do not install silt fences across streams, ditches, or waterways. 2. Ditch Checks a. Where contributing area is approximately 1/2 acre, or less. ' b. Where there is not concentration of water in a channel above the barrier. c. Where would normally occur in form of sheet erosion. d. Where length of slope above the barrier is less than 100 feet. ' e. Straw bales shall not be used on high silt producing areas, above "high risk" areas, where water concentrates, or where there would be a possibility of a washout. 02270 -Erosion Control.doc 02270 - 1 Garver Project No. 0296-3500(2) I I J J H II LHI u I Li J I I C I I C SECTION 02270 - EROSION CONTROL (continued) D. Planning 1. A silt fence is a permeable barrier that shall be planned as a system to retain silt on the construction site. The fence retains silt primarily by retarding flow and promoting deposition. In operation, generally the fence becomes clogged with fine particles, which reduce flow rate. This causes a pond to develop more quickly behind the fence. Anticipate ponding and provide sufficient storage areas and overflow outlets to prevent flows from overtopping the fence. Since silt fences are not designed to withstand high heads, locate them so that only shallow pools can form. Tie the ends of a silt fence into the landscape to prevent flow around the end of the fence before the pool reaches design level. Provide stabilized outlets to protect the fence system and release storm flows that exceed the design storm. 2. Deposition occurs as the storage pool forms behind the fence. Plan deposition areas at accessible points to promote routine cleanout. E. Design Criteria Silt Fence a. Ensure that the drainage area is no greater than 1/4 acre per 100 ft. of fence. b. Make the fence stable for the 10-yr. peak storm runoff. c. Ensure that the depth of impounded water does not exceed 1.5 ft. at any point along the fence. d. Provide a riprap splash pad or other outlet protection device for any point where flow may overtop the silt fence, such as natural depressions or swales. Ensure that the maximum height of the fence at a protected, reinforced outlet does not exceed 1 ft. and that support post spacing does not exceed 4 ft. e. The design life of a synthetic silt fence is generally assumed to be approximately 6 months. PART 2- PRODUCTS 2.1 MATERIALS A. Silt Fence 1. Use a synthetic filter fabric or a pervious sheet of polypropylene, nylon, polyester, or polyethylene yard, which is certified by the manufacturer or supplier as conforming to the requirements shown in Table below. 2. Synthetic filter fabric should contain ultraviolet ray inhibitors and stabilizers to provide a minimum of 6 months of expected usable construction life at a temperature range of 0 to 120OF. 02270 -Erosion Control.doc 02270 - 2 Garver Project No. 0296-3500(2) I ISECTION 02270 - EROSION CONTROL (continued) 3. Posts for silt fences shall be 4 -inch diameter pine, 2 -inch diameter oak, or 1.33 lb/linear ft. steel with a minimum length of 4 ft. Ensure that steel posts have projections to facilitate fastening the fabric. 4. For reinforcement of standard strength filter fabric, use wire fence with a minimum 14 gauge and a maximum mesh spacing of 6 inches. 5. SILT FENCE FABRIC SPECIFICATIONS Physical Property Minimum Requirements 'Filtering Efficiency 85% Tensile Strength at 20% (max.) Elongation Standard Strength @ 30 psi Extra Strength @ 50 psi Slurry Flow Rate 0.3 gal/sq ft/min B. Straw Bales ' 1. Straw shall be locally baled material. 2. Anchors shall be #5 reinforcing bars or 2"x2" oak stakes. ' PART 3- EXECUTION 3.1 CONSTRUCTION I I L I I A. Silt Fence 1. Construct the silt barrier of standard strength or extra strength synthetic filter fabrics. 2. Ensure that the height of the silt fence does not extend more than 18 inches above the ground surface. (Higher fences may impound volumes of water sufficient to cause failure of the structure.) 3. Construct the filter fabric from a continuous roll cut to the length of the barrier to avoid joints. When joints are necessary, securely fasten the filter cloth only at a support post with overlap to the next post. 4. Support standard strength filter fabric by wire mesh fastened securely to the upslope side of the posts using heavy duty wire staples at least I inch long, or tie wires. Extend the wire mesh support to the bottom of the trench. 5. When a wire mesh support fence is used, install posts a maximum of 8 ft. apart. Support posts should be driven securely into the ground to a minimum depth of 18 inches. 6. Extra strength filter fabric with 6 -ft. post spacing does not require wire mesh support fence. Staple or wire the filter fabric directly to the posts. H 02270 -Erosion Control.doc 02270 - 3 Garver Project No. 0296-3500(2) I ISECTION 02270 - EROSION CONTROL (continued) 7. Excavate a trench approximately 4 inches wide and 8 inches deep along the proposed line of posts and upslope from the barrier. 8. Place filter fabric to at least the bottom of the trench and backfill the trench with compacted soil or gravel placed over the filter fabric. 9. Do not attach filter fabric to existing trees. B. Ditch Checks I. Bales will be placed in a single row, lengthwise, on the contour and embedded in the soil to a depth of 3 inches. 2. Bales must be securely anchored in place by stakes or reinforcing bars driven through the bales or by other acceptable means to prevent displacement. 3. Inspection must be frequent and repair or replacement must be made promptly as needed. 3.2 MAINTENANCE A. Silt Fence I. Inspect silt fences at least once a week and after each rainfall. Make any required repairs immediately. I 2. Should a silt fence collapse, tear, decompose, or become ineffective, replace it promptly. ' 3. Remove silt deposits as necessary to provide adequate storage volume for the next rain and to reduce pressure on the fence. Take care to avoid undermining the fence during cleanout. 4. Remove all fencing materials and unstable silt deposits and bring the area to grade and stabilize it after the contributing drainage area has been properly stabilized. ' B. Ditch Checks I. Inspect straw bale barriers at least once a week and after each rainfall. Make any ' required repairs immediately. 2. Should the barrier collapse, decompose or become ineffective, replace it promptly. 3. Remove silt deposits as necessary to provide adequate storage volume for the next rain and to reduce pressure on the barrier. I 4. Remove the barrier and unstable silt deposits and bring the area to grade and stabilize it after the contributing drainage area has been properly stabilized. 3.3 CLEANUP 02270 -Erosion Control.doc 02270 - 4 Garver Project No. 0296-3500(2) tSECTION 02270 - EROSION CONTROL (continued) A. General 1. Remove all silt and other debris from project site. I Li L I L L L L 2. 3. Notes: Remove all silt fence and ditch check materials from project site. Grade area for uniform slope to blend with existing or finish contours. B6ndiny rye or tw6,e Filtrad rtmoff— staked and entrenched straw bale Compacted soil to prvro t psolny SedMent tadeo /runoff 1. Straw bales shall not be used longer than a time period of three months. /f construction continues beyond this time period, replace bales with new. 2. Excavate a trench along the areas that the straw bales will be used as erosion control to a depth of 4 inches and to the width of one straw bale. The straw bales then shall be placed in the trench. Place excavated material on upstream side of the trench. 3. Straw bales shall be anchored with a min. of 2 stakes or rebars driven into the underlying soil. making sure that the binding wire or twine is facing the sides and not touching the soil. The first stake into each bale shall be driven toward the previously laid bale to force them together. 4. Spacing between the bales shall be tightly chinked with loose straw. I5. After straw bales are in place the excavated soil shall be backfilled against the upslope side of the straw bales to a height of 4 inches after compacting. 6. Straw bales shall be inspected after each rainfall to determine if any repairs or replacements to ' the straw bales are needed. !fit is determined that the straw bales need to be repaired or replaced. the work will occur immediately. Silt accumulations must be removed when they reach 1/2 the barrier height. I I ' 02270 -Erosion Control.doc 02270 - 5 Garver Project No. 0296-3500(2) IT ' SECTION 02270 - EROSION CONTROL (continued) I Ii I I Ii I I J J J 11 I 1I E I I J -t♦ t, t -e I. 1 = 1111RII_� — 1.=11=II-11� III II.�III. 1=11'=11=ltI1.__Ii II !.11-1-1— t .. t a. Notes. 1. The filter fabric shall have a minimum filtering efficiency of 75% a minimum tensile strength of 30 lbs. per linear inch and a flow rate of 0.3 gallons per square foot per minute. The filter fabric shall also have ultraviolet ray inhibitors to assure a life use expectancy of 6 months at 0 to 100 degrees fahrenheit. 2. The filter fabric shall be 36 inches or less in height. Joints shall occur only at posts with 6 inch minimum overlap. Posts shall be spaced /0 feet on center when wire mesh support is included or 6 feet on center without wire mesh support. A minimum of 8 inches offabric will be buried in the 4"x 4" trench. 3. The silt fence shall be inspected after every rainfall to determine if any part of the fence needs to be repaired or replaced. If it is determined that the fence needs any repair or replacement, this work will occur immediately. 4. Silt deposits shall be removed after each rainfall or before they accumulate to 1/3 of the fence height. END OF SECTION 02270 ' 02270 -Erosion Control.doc 02270 - 6 Garver Project No. 0296-3500(2) I ISECTION 02314 - STEEL ENCASEMENT PIPE/CARRIER PIPE INSTALLATION PART 1- GENERAL 1.1 SCOPE A. This section consists of constructing steel encasement pipe and installing water or sanitary sewer line within the encasement in accordance with these specifications and in conformity with the lines and grades and locations shown on the Plans. 1.2 RELATED WORK A. Section 02161 — Excavation Safety B. Section 02599 - Pipe in Casing C. City Standards 1.3 DUALITY ASSURANCE A. Compare the elevation of each end of the steel casing to the planned elevation. PART 2- MATERIALS J J I I L L L I 2.1 CASING A. Steel encasement pipes for this project shall be of the diameter(s) shown on the Plans except that it shall be the CONTRACTOR's sole responsibility to ascertain that the casing spacers he proposes to use (if any) are compatible with the inside diameter of the encasement pipe shown on the plans and shall be smooth wall, welded steel pipe conforming to the latest requirements of ASTM Al39 Grade B, ASTM A211 or ASSA C202 (Grade B). The CONTRACTOR shall furnish and install 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. All encasement pipe shall be new. Used pipe shall not be allowed. The minimum wall thickness for the various nominal diameters shall be as follows: Carrier Pipe in. Minimum Encasement Pipe (in.) Minimum Wall Thickness (in.) 4-8 18 1/4 12-18 30 5/16 20-24 42 0.375 24 42 7/16 30 48 1/2 36-42 54 9/16 48 66 5/8 54 72 11/16 02314 -steel encasement pipe and carrier pipe installation.doc 02314-1 Garver Project No. 0296-3500(2) I ' SECTION 02314 - STEEL ENCASEMENT PIPE/CARRIER PIPE INSTALLATION (continued) B. Wall thickness of 24" and larger diameters will be by special design unless specified herein. IC. 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. PART 3- EXECUTION ' A. GENERAL Al! encasement pipe shall be installed by Open Cut or the dry boring and jacking ' method unless called out otherwise herein and/or on the Plans. After execution of a Construction Contract, the CONTRACTOR may submit an alternate method of encasement installation to the OWNER for review and possible approval. Any alternate method shall be submitted in writing and shall be supported by a detailed description of how the CONTRACTOR will achieve a proper installation and an itemized price breakdown of the proposed alternate. Any alternative plans shall be submitted at least two (2) weeks before such work is scheduled to begin. B. INSTALLATION BY BORING AND JACKING ' 1. Installation of the encasement shall be carried out such that there will be no settlement of the ground surface above the encasement. The CONTRACTOR ' shall take all precautions to prevent caving of the soils ahead of the pipe. During encasement installation, the CONTRACTOR shall use all care to minimize annular space (voids) between the outside of the encasement pipe and the surrounding ground. Therefore, the outside of encasement pipe ' installed by boring and jacking shall be pressure grouted to eliminate voids unless excepted therein. Only the dry bore method shall be used. Water jetting or similar methods using water are strictly prohibited. ' 2. The CONTRACTOR shall inspect the locations where the encasement pipe and bore pits 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/or herein for installation of the encasement and carrier pipe shall not relieve the CONTRACTOR of full responsibility for the proper execution and 'integrity of the work. 3. 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 so as to not jeopardize railroad or highway roadbeds and rights -of -way and shall be backfilled and cleaned up Ito the satisfaction of the rights -of -way owner. The CONTRACTOR shall be responsible to obtain his own permission and to furnish bonds, etc. as may be required by private landowners or the public or private authority having jurisdiction at the site of any such exploratory work. I02314 -steel encasement pipe and carrier pipe installation.doc 02314-2 Garver Project No. 0296-3500(2) I ISECTION 02314 - STEEL ENCASEMENT PIPE/CARRIER PIPE INSTALLATION (continued) 4. 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 cut portion of the line shall be disposed of by the CONTRACTOR outside the limits of the construction site. Pits and trenches shall be properly shored, sheeted, and braced. 5. Any damage to the encasement pipe coating during shipment or handling shall be repaired by the CONTRACTOR. Boring and installation of smooth wall t pipe shall be by competent supervisors and workmen specializing in this type of work that is provided by the CONTRACTOR. 6. To maintain the designed slope of the sewer gradient, the horizontal and vertical alignment at all points on the encasement pipe and the carrier pipe shall be held to a tolerance of five -hundredths (0.05) of a foot of the designed line and grade. Encasement pipes and carrier pipes not meeting this tolerance shall be subject to removal and replacement at the CONTRACTOR's expense. 7. During installation of the encasement pipe, care shall be exercised to minimize ' voids between the encasement and the surrounding ground. a. On encasement pipes of 12" and larger nominal diameter, the annular space between the encasement pipe and the ground shall be pressure ' grouted to eliminate all voids. Encasement pipes smaller than 12" shall also be grouted if so directed by the OWNER depending on soil conditions at the bore site identified at the time of encasement installation. b. When grouting encasement pipes of such diameter that entry by a worker is possible, the grout shall be injected through the encasement pipe wall through 1.5" diameter holes from the inside at one location for each 5.0' linear interval over the entire length of the encasement pipe. The sequence for grout injection locations shall be as follows: '• Locations "Clock" 5' Spaces) Position 1S' 12 o'clock • 2n° 3 o'clock 3n' 12 o'clock 4'h 9 o'clock ' 5`h 12 o'clock Repeat 2nd through 5th locations at 5 -foot intervals for each location to end of the encasement pipe. Note: The CONTRACTOR shall be responsible to ensure that all requirements of OSHA concerning entry of workers into confined spaces are followed. ' c. For encasement pipes too small to be entered for grouting as addressed above, the annular space may be pressure grouted by means of a 2" diameter external grout pipe attached to the outside of the encasement I02314 -steel encasement pipe and carrier pipe installation.doc 02314-3 Garver Project No. 0296-3500(2) I ISECTION 02314 - STEEL ENCASEMENT PIPE/CARRIER PIPE INSTALLATION (continued) ' pipe. After the encasement pipe (and the grout pipe) are in place, the grout pipe shall be withdrawn as the grout is introduced. ' 8. The access shafts (bore pits) for encasement installation shall be rectangular in plan view, approximately 20' x 10', unless shown otherwise on the drawings, with the longer dimension being in the direction of the encasement pipe. The ' bore pits shall be sheeted, shored, and braced on all sides as addressed herein. 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. IC. INSTALLATION IN OPEN CUT 1. Installation of the encasement in open cut shall be carried out so that there will be no settlement of the ground surface above the encasement after the encasement is backfilled. 2. The CONTRACTOR shall inspect the locations where the encasement pipe is Ito 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/or herein for installation of the encasement and carrier pipe shall not relieve the CONTRACTOR of full responsibility for the proper execution and integrity of the work. 3. The CONTRACTOR shall perform all excavation required to complete the work regardless of the material encountered and shall install all bedding and backfill according to their requirements in these Specifications. Pits and ' trenches shall be properly shored, sheeted, and braced. 4. Any damage to the encasement pipe coating during shipment or handling shall be repaired by the CONTRACTOR. ' 5. To maintain the designed slope of the sewer gradient, the horizontal and vertical alignment at all points on the encasement pipe and the carrier pipe shall be held to a tolerance of five -hundredths (0.05) of a foot of the designed line and grade. If the open cut encasement pipe is attached to the end of a bored encasement pipe, the CONTRACTOR shall be responsible to make the grade and alignment of the open cut pipe become a true continuation of the ' grade and alignment of the bored encasement pipe. Encasement pipes and carrier pipes not meeting this tolerance shall be subject to removal and replacement at the CONTRACTOR's expense. D. CARRIER PIPE IN ENCASEMENT I. Installation of the carrier pipe in the encasement shall be accomplished so 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 ' 02314 -steel encasement pipe and carrier pipe installation.doc 02314-4 Garver Project No. 0296-3500(2) H I I I I L L I L L I I I I I I I I SECTION 02314 - STEEL ENCASEMENT PIPE/CARRIER PIPE INSTALLATION (continued) be in direct contact with the pipe unless thoroughly padded. The carrier pipe shall conform to the following note: a. To maintain the designed slope of the sewer gradient, the horizontal and vertical alignment at all points on the encasement pipe and the carrier pipe shall be held to a tolerance of one -hundredth (0.01) of a foot of the designed line and grade at any point in the encasement pipe. Encasement pipes and carrier pipes not meeting this tolerance shall be subject to removal and replacement at the CONTRACTOR's expense. 2. The carrier pipe barrel, regardless of its diameter, shall be substantially centered diametrically in the encasement. Permanent hold-down jacks or other devices, subject to the OWNER's approval, shall be installed to prevent the carrier pipe from floating. 3. 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 inside of the encasement pipe shall be filled with sand or other material approved by the ENGINEER. 4. After the carrier pipe has been installed in the encasement pipe, both ends of the encasement pipe shall be tightly bulkheaded, sealed, and vented, as shown on the Plans or as directed by the ENGINEER. END OF SECTION 02314 I 02314 -steel encasement pipe and carrier pipe installation.doc 02314-5 Garver Project No. 0296-3500(2) L H H I;`7Xitll S IktIflfl t II 1:flhiJi i IT5iVl_\ U rci 1. 1 SECTION INCLUDES A. Combination concrete curb and gutter ' B. Concrete Curb I I C. Concrete Sidewalk 1. 2 RELATED SECTIONS A. Section 02100 - Site Preparation. B. AHTD Standard Specifications. ' C. Construction Documents. I I n I I I I 1.3 PERFORMANCE REQUIREMENTS A. Work shall 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. B. Contractor shall maintain access for vehicular and pedestrian traffic as required for other construction activities. Utilize temporary striping, flagmen, barricades, warning signs, and warning lights as required. PART 2.. PRODUCTS 2.1 MATERIALS A. Forms: Steel, wood, or other suitable material of size and strength to resist movement during concrete placement and to retain horizontal and vertical alignment until removal. Use straight forms, free of distortion and defects. Use flexible spring steel forms or laminated boards to form radius bends as required. The forms shall be of a depth equal to the depth of curbing or sidewalk, and so designed as to permit secure fastening together at the tops. Coat forms with nonstaining type coating that will not discolor or deface surface of concrete. B. Concrete Materials: Comply with requirements City Standards C. Joint Fillers: 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. 02525 -curbs and sidewalks 02525-1 Garver Project No. 0296-3500(2) I I I H I I I ' 3.2 L L I H I C I D. Joint Sealers: All joints shall be sealed with material meeting the requirements of SECTION 501 - PORTLAND CEMENT CONCRETE PAVEMENT, Article 501.02(h) of the AHTD Standard Specifications. E. Curing compound shall conform to SECTION 802 - CONCRETE FOR STRUCTURES of the AHTD Standard Specifications. t �► A. Proof -roll prepared base material surface to check for unstable areas. The paving work shall begin after any unsuitable areas have been corrected and are ready to receive paving. Compaction testing for the base material shall be completed prior to the placement of the paving. B. Surface Preparation: Remove loose material from compacted base material surface to produce a firm, smooth surface immediately before placing concrete. INSTALLATION A. Form Construction I. Set forms to required grades and lines, rigidly braced and secured. 2. Install sufficient forms to allow continuance of work and so that forms remain in place a minimum of 24 hours after concrete placement. 3. Check completed formwork for grade and alignment to following tolerances: a. Top of forms not more than 1/8 in l0'-0". b. Vertical face on longitudinal axis, not more than 1/4" in 10-0". 4. Clean forms after each use, and coat with form release agent as often as required to ensure separation from concrete without damage. B. Concrete Placement 1. Comply with requirements of AHTD Standard Specifications. 2. Do not place concrete until base material and forms have been checked for line and grade. Moisten base material if required to provide uniform dampened condition at time concrete is placed. Concrete shall not be placed around manholes or other structures until they are at the required finish elevation and alignment. ' 02525 -curbs and sidewalks 02525-2 Garver Project No. 0296-3500(2) I I I I I H H t i 1 I 1 r 1 1 ' 1 3. Place concrete using methods which prevent segregation of mix. Consolidate concrete along face of forms and adjacent to transverse joints with internal vibrator. Keep vibrator away from joint assemblies, reinforcement, or side forms. Consolidate with care to prevent dislocation of dowels, and joint devices. 4. Deposit and spread concrete in continuous operation between transverse joints, as far as possible. If interrupted for more than 1/2 hour, place construction joint. Automatic machine may be used for curb and gutter placement at Contractor's option. Machine placement must produce curbs and gutters to required cross section, lines, grades, finish, and jointing as specified for formed concrete. If results are not acceptable, as determined by the Engineer, remove and replace with formed concrete as specified. C. Joint Construction 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. ' 2. 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. ' 3. 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. D. Joint Fillers: Extend joint fillers full -width and depth of joint, and not less than 1/2" ' or more than I" below finished surface where joint sealer is indicated. If no joint sealer, place top of joint filler flush with finished concrete surface. Furnish joint fillers in one-piece lengths for full width being placed, wherever possible. Where ' more than one length is required, lace or clip joint filler sections together. 3.3 CONCRETE FINISHING ' A. After striking off and consolidating concrete, smooth surface by screening and floating. Adjust floating to compact surface and produce uniform texture. After floating, test surface for trueness with 10'-0" straightedge. Distribute concrete as 02525 -curbs and sidewalks 02525-3 Garver Project No. 0296-3500(2) I H I C I I I H required to remove surface irregularities, and refloat repaired areas to provide continuous smooth finish. B. Work edges of sidewalks, gutters, back top edge of integral curb, and formed joints with an edging tool, and round to 1/8" radius. Eliminate tool marks on concrete surface. After completion of floating and troweling when excess moisture or surface sheen has disappeared, complete surface finishing, as follows: Match finish of existing, adjacent concrete surface OR 2. Inclined Slab Surfaces: Provide coarse, nonslip finish by scoring surface with stiff -bristled broom perpendicular to line of traffic. 3. Curbs, gutters, and walks: Broom finish by drawing fine -hair broom across surface perpendicular to line of traffic. Repeat operation as necessary to produce a fine line texture. C. Do not remove forms for 24 hours after concrete has been placed. After form removal, clean ends of joints and point up any minor honeycombed areas. Remove and place areas or sections with major defects, as determined by the Engineer, as directed. D. Protect and cure finished concrete paving using acceptable mnis� methods, more particularly described in the "water -curing" section of ACI 308-81. ' 3.4 BACKFILL H A. After the concrete has set sufficiently, the spaces in front and back of the curb and gutter or sidewalk shall be refilled to the required elevation with suitable material which shall be compacted until firm and solid and neatly graded. 3.5 CLEANING AND ADJUSTING A. Prior to setting up of concrete, remove concrete from adjacent paved areas. I H H H Li B. Sweep concrete pavement and wash free of stains, discolorations, dirt, and other foreign material just prior to final inspection. C. Protect concrete from damage until acceptance of work. Exclude traffic from pavement for at least 14 days after placement. When construction traffic is permitted, maintain pavement as clean as possible by removing surface stains and spillage of materials. END OF SECTION 02525 ' 02525 -curbs and sidewalks 02525-4 Garver Project No. 0296-3500(2) L I Li J Li H I SECTION 02599 - PIPE IN CASING PART 1- GENERAL 1.1 SCOPE A. This Section covers the installation of pipe in a casing. 1.2 RELATED WORK A. Section 02314 - Bored Casing Excavation and Backfill B. City Standards PART 2- PRODUCTS 2.1 PIPE SPACERS ' 2.2 I HI I L1 H I I I A. Pipe joints inside steel encasement pipe shall be restrained using restrained joint casing spacers. These spacers shall be model number Uni-Flange UFRCS1300 for the pipe barrel and Uni-Flange UFRCS1390 for the pipe bell joints as manufactured by the Ford Meter Box Company, or approved equal. B. All metal parts of casing spacers shall be ductile iron or hot rolled pickled steel, or stainless steel. All casing spacers except stainless steel shall be shop coated with fusion bonded epoxy at 10-15 mils thickness or shall be bitumastic coated. ANULAR SPACE FILLER A. Sand shall be uniformly graded and capable of being transmitted pneumatically 16T4,1 S* X *IAN11 I 3.1 SPACERS A. Install spacers as recommended by Manufacturer. B. When pipe is ductile iron, place polyethlene wrap around pipe before attaching spacers against bell or hub end of pipe. C. Use a flax soap, drilling mud, or similar non -petroleum type lubricant between spacers and casing as necessary. 3.2 INSTALL PIPE IN CASING A. Use winch drawn cable or jacking method. B. Pack space between carrier pipe and casing with air blown sand as directed by ENGINEER. END OF SECTION 02599 02599 -pipe in casing.doc 02599-1 Garver Project No. 0296-3500(2) L I Li I I H H I L I L I I H I H H H Appendix A City of Fayetteville Standard Waterline Specifications I I. 1 1 1 1 STANDARD WATER LINE SPECIFICATIONS FAYETTEVILL'E, ARKANSAS APRIL 2nd, 1996 •.SAY ETTEV I LLE HE CITY OF FAYEFfEVILLE, ARKANSAS 1 City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Re: Standard Water Line Specifications April 10th, 1996 These STANDARD WATER LINE SPECIFICATIONS are hereby promulgated by •' the City Engineering Division under authority granted by the Fayetteville City Council by Resolution 46-96 dated April 2nd, 1996, as approved by the Water and Sewer Committee on February • 15th, 1996, and as approved by the Mayor of the City of Fayetteville. 1 APPR` AL SI NATURES: • Public Works Director Char es Vena: ' Do ald R. Bui I. 1 1 WEST MOUNTAIN 72701 501.521-7700 CAV Sh LSIC.0OC'1 I RESOLUTION NO. 46-96 1 A RESOLUTION AUTHORIZING THE ENGINEERING DEPARTMENT TO PROMULGATE POLICIES, PROCEDURES AND SPECIFICATIONS FOR WATER LINES, SEWER LINES AND STREETS. - ' BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Engineering Department is hereby authorized to promulgate policies, procedures and specifications for water line, sewer lines and streets. Section 2. That such policies, procedures and specifications for water lines and sewer lines shall be reviewed and approved by the Water and Sewer Committee of the City and shall. be approved by the Mayor. ' ecti,2n_3. Than. such policies, procedures and specification:. for sireets shall be reviewed and approved by the Street Committee of the City Council and shall he approved by the Mayor. 1 PASSED AND APPROVED this 2nd day of April , 1996. _ APPROVED: ' By: __ Fed Hanna, Mayor ATTEST By. Traci Paul, City Clerk i 4 ' _ tS I TABLE OF CONTENTS ' PART A, GENERAL REQUIREMENTS: 1. Requirements to Extend Water service ................ 1 2. Minimum Size of Water Lines.............. 1 3. City Participation in Water line Costs ..........••• 2 4. Easements -------- -------------------------- 5. Permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6. Approval of Water Extension Plans.. . . . . . . . . .. . . . .. . . . 3 7. Inspections and Testing Procedures ................... 3 8. Final Acceptance by the City. . . . . . . . . . . . . . . . . . . . . . . . . 5 9. Location of Water Lines .............................. 5 10. Fire Hydrant Spacing ................................. 5 11. Water System Studs'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 12. Applicability ........................................ 6 ' PART B, MATERIALS 1. Pipe and Fittings. . . . . . . . . . . . . ....................... 1 2. Polyethylene Encasement (Pipe Wrap).................. 3 ' 3. Detectable Tape ...................................... 3 4. Backfill Materials ................... a............... 3 5. Pipe Bedding Materials ............................... 3 ' 6. T7. Concretee..racer .......................... 4 . ................. 4 8. Steel Encasement Pipe. . - . . ...... . . . ...... ........ . . . . 5 ' 9. Gate Valves .......................................... 5 10. Butterfly Va].ves..................................... 6 11. Valve Boxes. . . . . . . . . . . . . . . . . . . . . ..................... 7 12. Fire Hydrants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . 7 ' 13. Tapping Sleeves. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 14. Service Connection Materials. . . . . . . . . . . . . . . . . . . . . . . . . 6 PART C, CONSTRUCTION METHODS 1. Pipe Laying. . . . . . . . . . . . . . . ........................... 1 2. Pipe Trench, Excavation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3. Pipe Trench, Backfill................................ 5 4. Installation of Meter Box Settings. . . . . . . . . . . . . . . . . . . 7 5. Valve and Valve Box Installation ..................... 7 6. Fire Hydrant Installation.. . . . . . . . . . - . . . . . . . . . . . . . . . . 8 7. Blow -Off Construction ................................ 9 ' 8. Clean --lip. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 9. Pavement . . . Repairs.. . . . . . . . ........ ... ... 12 10. Barricades, Guards, and Safety Provisions............ 13 11. Maintenance of Traffic and Closing of Streets........ 13 1 I I I CI I 1 I 11 I I STANDARD SPECIFICATIONS FOR WATER LINES PART A. GENERAL REQUIREMENTS 1. Requirements to Extend Water Service: All new development of any kind shall be required to extend water services to that development at the owner's expense. Water service shall include providing adequate domestic water flows as well as fire protection with hydrants spaced in accordance with the local and state fire codes. on subdivision or large scale development water systems, water lines shall extend to the subdivision property line where future streets are either planned or built to serve adjacent property. Construction of such extensions shall be at the expense of the developer. At other locations easements may be required to facilitate future extension of lines to adjacent properties. The requirements to extend water service and provide lines adequate for both domestic and fire demands shall apply to all subdivisions regardless of whether they are inside the City Limits or not. Where subdivisions are outside the City Limits, the placement cf fire hydrants shall be optional and in no case shall hydrants be installed outside the City unless a) a fire flow of at least 500 gallons per minute can he. obtained at the hydrant, and b) the residents being served by the hydrant have a contract for fire protection with the City of Fayetteville and/or with a Washington County Rural Fire Depart:aent having a mutual aid agreement with the Fayetteville Fire Department. ' 2. Minimum Size of Water Lines: The minimum sized line that may be' installed in connection with a subdivision is Six (6) inch. This is required even if the line is being extended from an existing line that is smaller than Six (6) inches. Two (2) inch lines may be approved for cul-de-sacs provided the line could not be reasonably extended in the future to provide service to adjacent property and where a larger line is not needed to provide either fire protection or adequate domestic flows. Eight (8) inch lines shall be required where needed to maintain or to create an Eight (8) inch water line grid at a ' spacing of about 1/4 of a mile in both the north -south and east - west direction. A spacing of less than 1/4 mile may by required to accommodate domestic or fire demands. Lines larger than eight (8) inches will be required as recommended by the latest Water System Study. Part A, General 1 IP The minimum line size requirement for the provision of fire protection shall be a looped 6 -inch line or, in the event of a dead end line, an 8 -inch. This minimum requirement shall apply regardless of the theoretical flow capacities existing in the system. Even where a 6 -inch loop may be attained, the City Engineer may require the installation of an 8 -inch line in certain locations where loops are long and where large developments are involved. Lines larger than 8 -inch may be required if they are needed to provide domestic and fire flow demands for a development. 3. City Participation in Water Line Costs: In cases where the City desires to have a larger sized water I. line in place than is required under Part 1, Paragraph 2 of these Specifications, the City may enter into an agreement with the developer to provide for the construction of the larger sized line. ' In that event, the City shall be responsible for the difference in material and installation cost between the size line required for the developer and the size line desired by the City. The City shall not be responsible for any engineerinr cost associated with the up -sizing unless the larger size line is more than 12 -inches in diameter. The City shall not participate in the cost of an 8 -inch or smaller line, except that the City may consider participating in the cost of smaller lines when a snail number of customers are involved in a non-aevelooment situation. ' The cost involved in up -sizing shall be det rmir,=_d by the developer's engineer by the taking of bids, and shall he approved by the City Engineer and by the City Council and/or Mayor. 4. Easements: ' Easements for water lines shall be at least 20 feet in width regardless of the size of the water line. The easement may be ' designated specifically for water line purposes or it may be a general utility easement. Lines sized 12 -inches through 18 -inches shall not be placed in. ' easements of less than 25 feet. Lines larger than 18 -inches shall be placed in an easement of no less than 30 feet. Wider easements may be required, depending on the specific circumstances involved. ' Easements of a lesser width will be considered when adjacent to another easement or under other special circumstances. Also, ' where easements are required between lots, the City will consider 16 foot easements (to coincide with setbacks). 1 Part A, General 2 I [1 ' 5. Permits: All permits required to accomplish the work shall be the responsibility of the owner or engineer. Such permits may include but is not limited to permits for work within Highway Department R/W, railroad crossing permits, "Notice of Intent" for Erosion Control (Arkansas Department of Pollution Control and Ecology), ' Drainage Permit, Grading Permit, and a "No Charge" tapping permit for fire service lines. Work shall not be started without the appropriate permit(s) in place. 6. Approval of Water Extension Plans: Detailed plans and specifications shall be required for all extensions and shall be prepared by a professional engineer registered to do business in the State of Arkansas. The plans and specifications shall be first approved by the City Engineer and then shall be forwarded to the State Department ' of Health by the Engineer of Record for their approval. In no case shall any water line construction be allowed before the City has written approval from the State Health Department. Private lines constructed for fire prevention purposes which have no metering device or backflow prevention device at the point of tie-in to the City main shall be treated as a public line and be subject to these specifications as far as engineering, construction techniques, mar.eria.ls, testing, and insoe'ctions are concerner. After a final inspection and acceptance of the work, the line shall ' be owned and maintained by the owner of the property it serves. No construction of any kind may begin without an erosiojIf . control plan on file with the City in accordance with the City's Excavation and Grading Ordinance. The erosion con ro measures s raw bales, silt dams, silt ponds, etc.) must be in place in the field prior to construction. For projects 5 acres or larger in '• size, it is the responsibility of the contractor to have on file with the Arkansas Department of Pollution Control and Ecology a "Notice of Intent". ' Written notice of the intent to begin construction must be given to the City no less than three (3) days nor more than ten (10) days prior to the construction start date. A pre -construction conference involving the Engineer of Record, Contractor, and the City is required prior to beginning construction. I H ' Part A, General 3 H I 1 1 1 1 1 1 1 I.. I 7. Inspections and Testing Procedures: All field tests required for a project shall be witnessed by the City in the presence of the Engineer of Record and the Contractor. The City representative shall be one of the Public Works Construction Inspectors. The Contractor's representative shall be the foreman or superintendent on the job. The Engineer of Record may be represented by an authorized and qualified representative. The City requires a 24 hour notice on all tests. Calls to the City for the purpose of setting test times shall be made by no later than 10:00 AM for test on the following day. Tests delayed by weather or other factors will be rescheduled on the same basis. If a test cannot be reasonably scheduled so that a representative of the City can be present, the Engineer of Record will witness the test and certify to the City the results. In no case shall a test be made without the presence of the Engineer of Record and the Contractor. it is the responsibility of the Engineer of Record and/or the Contractor to coordinate the scheduling of tests with the City and with the other parties involved. are: The tests generally associated with water line construction a) The pressure testing of tapping sleeve installations b) The pressure testing of lines after installation c) The bacteriological (Bac-T) testing d) Fire Hydrant tests Generally, no Contractor or Engineer of Record involvement is required in the taking of samples for the Bac-T test except that the Contractor is responsible for the proper flushing of the line prior to samples being taken by the City. However, the City may require the presence of the Contractor or Engineer of Record when questions have been raised as to the methodology or techniques used in the sampling process. Bac-T samples are sent to the State Department of Health for testing. Results obtained by the City shall be forwarded to the Engineer of Record either by fax or by mail immediately upon receipt by the City. Part A, General 4 I Lines failing the Bac-T tests shall be re -sampled as soon as practicable. If a line fails three (3) consecutive Bac-T tests, the line must be re -chlorinated before Bac-T samples can be taken again. The City shall not be responsible for the rescheduling of failed Bac-T tests. The fire hydrant test shall consist of checking the operation of the fire hydrant valve and flowing the fire hydrant. This shall be done after the pressure test has been completed and the fire hydrant valve shall be left in the open position. ' All equipment, materials, and labor required for testing shall be furnished by the Contractor at his expense. 8 Final Acceptance by the City: ' The project shall be subject to a joint final inspection by a designated representative of the City Engineer's Office, a representative of the Fayetteville Water and Sewer Maintenance ' Department, the Engineer of Record, and the Contractor. A separate walk-through shall be made by the Meter Foreman to check the location, grade, and condition of water meter settings prior to ' final acceptance. The City will be deemed to have accepted water lines and appurtenances for ownership upon written notification to the Owner after final inspection. Once the City accepts the project for ownership, the Owner shah. be responsible for the provision to the City of a two (2) year maintenance bond for 100 percent; of the ' construction cost which shall cover defects in materials and workmanship. A walk-through shall be performed at the end of the two year period and all deficiencies corrected prior to release of the bond. City maintenance shall begin after expiration of the Two (2) year Maintenance Bond. Record drawings are hereby required as a condition of final acceptance by the City. ' 9. Location of Water Lines: Water lines shall be placed on public streets either in the right of way or in an easement adjacent to the street right of way ' except that lines can go between lots when there is no other reasonable way to access a line or provide for future service. In no case shall lines intended for individual services be placed in ' the rear of lots or along back property lines. I. Part A, General 5 C 10. Fire Hydrant Spacing: Maximum spacing for single family and duplex developments is 800 feet. Maximum spacing for all other residential development shall be 600 feet. Spacing and placement of fire hydrants within apartment complexes shall be as called for by local or state fire codes or as directed by the Fayetteville Fire Chief. For commercial and industrial developments, fire hydrant spacing shall be as called for by local or state fire codes, or as directed by the Fayetteville Fire Chief. 11. Water System Study: The City's latest Water System Study shall be the basis for decisions made in regard to required line sizes, water line locations, location of water pump stations, water tank sizes and location, and any other matter relating to the water distribution system. ' 12. Applicability: These regulations and requirements contained in Part A of these Standard Specifications shall be applicable to all land c::parcels of land being developed for commnercial, industrial, or residential use. The material and construction specifications contained in Parts B and C shall be applicable to all water line construction under the control of the City of Fayetteville. I Li H H L I ' Part A, General 6 H I I IH 11 C I I n I I I L I STANDARD SPECIFICATIONS FOR WATER LINES PART B. MATERIALS 1. PIPE AND FITTINGS: Allowable pipe materials shall be Polyvinyl Chloride (PVC) and Ductile Iron. Materials for mains larger than 24" shall be determined on a case by case basis. All pipe shall be designed for a working pressure of at least 200 psi except that for large pipe (30" in size or larger) the design working pressure shall be as called for by formal design. In no case shall the design working pressure be less than 150 psi. For pipe smaller than 24", the allowable pipe sizes are 2, 6, 8, 12, and 18 inches. Polyvinyl Chloride Pipe - PVC pipe 2 inches in size shall be manufactured in accordance with ASTM D-2241. PVC pipe 6 inches through 12 inches in size shall be manufactured in accordance with AWWA Specification C900 and shall have an SDR of 14. The plastic material used in making the pipe shall be clean, virgin, Cell Classification 12454B PVC compound conforming to ASTM Resin Specification D-1784, latest revision. Clean, reworked material generated from the manufacturer's own production shall be acceptable as long as the pipe produced meets all the requirements of the Specifications. Nominal laying length shall be 20 feet. Joints for 2 -inch plastic pipe shall conform to ASTM Specification D-3139. Joints for plastic pipe 6 -inches and larger shall conform to AWWA C-900. Fittings for PVC pipe 2 inches in diameter shall comply with ASTM Specification D-3139, "Joints for Plastic Pressure Pipes Using Flexible Elastomeric Seals". Fittings for PVC pipe 6 -inches and larger shall conform to the specifications given for ductile iron pipe. Ductile Iron Pipe - Ductile Iron Pipe shall conform to the requirements of "Ductile Iron Pipe, Centrifugally Cast in Metal Molds or Sand -Lined Molds, for Water or Other Liquids," AWWA Standard C151, latest revision, and shall be designed to withstand compacted earth loadings as applied according to the conditions set out on the Plans with an AASHTO HS -20 truck live load. The external loading shall be based on a soil density of 120 pounds per cubic foot and Type 3 standard laying conditions. Part B - Materials 1 J Ductile iron pipe shall be designed in accordance with the t requirements of "Thickness Design of Ductile Iron Pipe", ANSI/AWWA C150/A21.50-91, effective March 1, 1992. ' Joints and joint materials for ductile iron pipe shall conform to ANSI/AWWA C105/A21.4. ' All ductile iron fittings shall conform to the requirements of ANSI/AWWA C153/A21.53, latest revision, for Ductile Iron Compact Fittings. ' Restrained joint pipe and fittings shall be ductile iron pipe manufactured in accord with applicable sections of ANSI/AWWA C151/A21.51 and ANSI/AWWA C110/A21.10. All restrained joint ' pipe shall be "TR Flex," as manufactured by U. S. Pipe, "Flex - Ring" joint as manufactured by American Ductile Iron Pipe, or equal. ' Swivel joint fittings shall have a retainer lip and swivel rotatable gland for positive restraint without tie rods. Restraint joints shall be used where testing will be done against closed valves, etc. Flanged pipe and fittings shall be in accordance with the '• requirements for "Flanged Ductile Iron Pipe with Threaded Flanges," ANSI/AWWA C115/A21.15, latest revision. Bolts and gaskets shall meet the requirements of ANSI/AVIWA C111/A21.11, latest revision, for "Rubber -Gasket Joints for Ductile -Iron Pressure Pipe and Fittings." ' All ductile iron pipe and ductile iron pipe fittings shall have a.standard thickness cement mortar lining in conformance to ANSI/AWWA C104/A21.4. All ductile iron pipe shall have a bituminous exterior coating unless otherwise specified. Exposed pipe may be required to ' have a factory prime coat consisting of one coat of Kop-Coat 240 Gold Primer, Kop-Coat 622 LCF Primer, or approved equal. The bituminous coating shall be approximately 1 mil thick and shall be factory applied to the outside of all pipe and ' fittings. The finished coating shall be continuous, smooth, neither brittle when exposed to the cold nor sticky when exposed to the sun, and shall be strongly adherent to the pipe ' or fitting. Joint lubricant shall be provided by the pipe manufacturer, and applied as per the manufacturer's recommendations. Part B - Materials ,' 2 ii I Galvanized Steel Pipe and Fittings: Threaded fitting pipe for blow -offs shall be unlined Schedule 80 steel pipe and shall conform with the requirements of ASTM Al20-82, latest revision, and shall be galvanized in accordance with ASTM Specification A90-81, latest revision. Fittings for galvanized • steel pipe shall be of cast iron, of standard design and dimensions, and be of uniform style and pattern. Fittings for ' galvanized steel pipe shall be galvanized in accordance with ASTM Specification A90-81, latest revision. Galvanized pipe and fittings shall be allowed for non -buried service only. 2. Polyethylene Encasement (Pipe Wrap): I I I I I I I I n 1. I Polyethylene, encasement shall be in conformance to ANSI/AWWA C105, latest revision. The polyethylene film shall have a minimum nominal thickness of .008 -inch (8 mils), and shall be provided in either flat tube or sheet form. 3. Detectable Tape: Detectable tape shall be "Detect Tape" as manufactured by Allen Systems, Inc. or approved equal, and shall consist of a minimum thickness of 0.35 mils solid aluminum foil encased in a protective inert jacket that is impervious to all known alkalis, acids, chemical reagents and solvents found in the soil. The minimum overall thickness of the tape shall be 5.5 mils and the width sha]1 not be less than 2 inches with a medium unit weight of 2 1/2 pounds/i inch x 1000 feet. The tape shall be color coded and imprinted with the message as follows: Type of Color Utility Code Legend Water Safety Precaution Blue 4. Backfill Materials: Allowable backfill material shall be: Caution, Buried Water line Below (1) Class 7 Aggregate Base Course as specified in Table 303- 1, page 161, in section 303 AGGREGATE BASE COURSE, of the "Standard Specifications for HIGHWAY CONSTRUCTION," Edition of 1993, published by the Arkansas State Highway and Transportation Department. Part B - Materials 3 I I I H H C I L L I (2) sand. Sand shall consist of clean, hard, durable uncoated grains free from lumps, clay and organic materials. All (100%) of "sand" shall pass a no. 8 sieve. (4) Red Clay Gravel or "Hillside" as approved by the City Engineer" (5) Native materials where the Class 7 materials is not required and where suitable (not to be used as bedding material. This material is to be placed above the bedding materials as defined in Part B of these specifications, Paragraph 5. 5. Pipe Bedding Materials: Pipe bedding materials shall be: a) The by-product of McClinton -Anchor's rock crushing operation commonly known as grit, or equal b) Sand c) Class S Base (AHTD Specification) d) Materials meeting either ASTM P448 Size #67 or ASTM D2774 In no case shall the maximum dimension of rock exceed 0.50 inches. 6. Tracer Wire: Tracer wire shall be 14 gauge coated copper for underground burial. 7. Concrete: ' Concrete for use as reaction backing or below -ground encasement shall be Class "B", defined as concrete with five bags of cement per cubic yard of concrete and with a minimum 28 day compressive strength of 2,500 psi. C Part B - Materials 4 H • 8. Steel Encasement Pipe: ' Encasement pipe for water mains shall be constructed of either spiral or straight welded steel and shall be sized as follows: 1 Water Minimum Encasement Minimum Wall ASTM/AWWA ' Main Size Pipe Size Thickness Specification (inches) (inches) (inches) ' 4 - 6 12 0.250 ASTM A 53 8 16 0.250 AWWA C 102 12 - 16 24 0.250 18 30 0.312 " " ' 20 - 24 36 0.312 36 48 0.375 48 60 0.375 1 ' 9. Gate Valves: Gate valves shall be used for pipe up through 10 -inches in size. ■ Gate valves shall be resilient seated type, non -rising stem gate valves, in conformance with the requirements of AWWA .O503, • latest revision, for "Resilient Seated Gate Valves, 3 Through 12 NPS, for Water and Sewage Systems." All gate valves shall be designed for a minimum of 200 psi working pressure. Al]. gate valves shall be M&H, AWWA C509 Resilient Seated Gate Valves or approved equal. Approved equals are Waterous, Mueller, and Clow. All gate valves shall have O-ring stem seals. The O-ring stem seal shall be so designed that the seal above the stem collar can be replaced with the valve under pressure in the full -open position. Gate valves shall have standard mechanical joint ends unless indicated on the Plans. Tapping valve ends shall be flanged by NJ. Buried gate valves shall be designed for operation with a nominal 2 inch square operating nut. The standard direction of opening shall be open left as viewed from the top. Handwheels for gate valves shall be in conformance to AWWA C509. I I Part B - Materials 5 I The interior and exterior of the valve body, bonnet and seal ' plate shall have factory applied fusion bonded epoxy coating meeting AWWA C550 latest revision. The valve shall be tested in accordance with AWWA C509, latest revision. ' 10. Butterfly Valves: Butterfly valves shall be used for all pipe 12 -inches and ' larger except that 12" tapping valves shall gate valves. Butterfly valves shall be Class 250B in conformance with the ' requirements of AWWA C504, latest revision, for "Rubber Seated Butterfly Valves". All butterfly valves shall be groundhog type, as furnished by Henry Pratt Company, or approved equal. ' The valve body shall be constructed of cast iron ASTM A-126, Class B, and shall have integrally cast mechanical joint ends unless alternate valve ends are indicated on the Plans. Body ' thickness shall be in strict accordance with AWWA C504, latest revision, Class 250B. CI' C FT r C I 1 I All butterfly valves shall he of the tight closing, synthetic rubber -seat type, as follows. 1) Valves 20 inches (nominal diameter) and smaller shall have bonded seats which are simultaneously molded in, vulcanized and bonded to the body. Seat bond must withstand 75 pounds pull under test procedure ASTM D429, Method B. 2) on valves 24 inches and larger, all seats shall be of a synthetic rubber compound. Seats shall be retained in the valve body by mechanical means without retaining rings, segments, screws or hardware of any kind in the flow stream. Seats shall be a full 3600 without interruption and have a plurality of grooves mating with a spherical disc edge seating surface. Valve seats shall be field adjustable around the full 360° circumference and replaceable without dismantling operator, disc or shaft and without removing the valve from the line. Valve discs shall be as follows. 1) Valves 12 inches through 20 inches nominal diameter: Valve discs shall be constructed of alloy cast iron ASTM A-436, Type 1. Part B - Materials 6 I I 11 H I I H H 2) Valves 24 inches nominal diameter: Valve discs shall be cast iron with a stainless steel seating edge. 3) Valves 30 inches through 48 inches nominal diameter: Valve discs shall be ductile iron with a stainless steel seating edge. The valve shaft shall be constructed of stainless steel and the bearings shall be corrosion resistant and self-lubricating. The valves shall be equipped with a totally enclosed type operator, fully gasketed and grease packed, suitable for direct burial. The operator shall be designed for operation with a nominal 2 inch square operating nut for use with a T -wrench. Operators shall be designed to open with a counterclockwise rotation of the operator nut. All valves shall have factory applied fusion bonded epoxy coating meeting AWWA C550 latest revision. The valve shall be hydrostatically tested at 250 psi for leakage in accordance with AWWA C504, latest revision. plans to Where valves are specifically be painted, the valves shall be shown and detailed on the delivered to the job site factory Gold Primer blasted, cleaned or Kop-Coat and primed with 622 LCF Primer, one coat of Kop-Coat 340 or approved equal. 11. Valve Boxes: Valve boxes shall be constructed of cast iron. The valve box I. and appurtenances shall consist of a base, extensions as required, and a top section with a drop lid. The lid shall be marked with the word "WATER." All valve boxes shall be compatible with the ' gate or butterfly valves for which they are provided and shall be manufactured for use in roadways. 12. Fire Hydrants: All fire hydrants shall be dry barrel hydrants in conformance ' with AWWA C502, latest revision, for "Dry Barrel Fire Hydrants", and shall be designed for a working pressure of 200 pounds per square inch gauge. Pressure class 200 fire hydrants shall be ' three-way, painted white above the ground line with reflective paint 7216 3M. Approved fire hydrants are Mueller Centurion hydrants, Catalog No. A-423 or Waterous 5 1/4" WB67-90. The hydrant shall have a 6 inch mechanical joint inlet in conformance to the dimensions shown in ANSI/AWWA C110/A21.10, latest revision. Three-way hydrants shall have a 5-1/4 inch valve ' opening. Part B - Materials 7 1 L 1l I I I I I I 1 1: I U I n I C All fire hydrants shall be equipped with a two-piece barrel having a break -a -way flange at the ground line and shall be designed for a 42 -inch bury. Extensions shall be Mueller A-320 or approved equal. Hydrants shall be equipped with two 2-1/2 inch hose nozzles and one 4.5 inch pumper nozzle. The operating nut shall be a nominal 1-1/2 inch pentagon, National Standard operating nut designed to open left (counterclockwise). Fire hydrants shall be equipped with a safety stem coupling and flange which are intended to fail upon vehicle impact without damage to the stem or main valve. All fire hydrants shall be tested in accordance with AWWA C502, latest revision. 13. Tapping Sleeves: Tapping sleeves shall be designed for 200 psi and shall be JCM Type 432 for pipe six (6) inches through twelve (12) inches and JCM 412 for pipe greater than twelve (12) inches, or approved equal. Tapping sleeves shall be vinyl coated. 13. Service Connection Materials_ Materials for water ;Main taps, service lines, and meter box assemblies shall be: Copper Pipe. - . . . . . . ..........I... 3/4" Corporation Stop...... . . . 3/411 U Branch, 7.5" width......... 5/8" x 3/4" x 12" meter yoke...... 3/4" Tail Piece.................. 18" Cast Iron Flat Meter Lid...... 18" x 24" PVC Meter Box, #501824 .30T, ).275 wall thickness ................. Type K soft copper Mueller B-25008 Mueller H-15363 Mueller H-1402 Mueller H-14222 C-109, Crouch Foundry Mueller/McCullough Tapping saddles for PVC and Ductile Iron manufactured by Mueller and Romac respectively. Part B - Materials shall be as rfl Li I STANDARD SPECIFICATIONS FOR WATER LINES I PART C. CONSTRUCTION METHODS 1 1. PIPE LAYING: I. All water pipe shall be laid and tested in strict accordance with the manufacturer's recommendations. For ductile iron pipe, ANSI/AWWA C600 shall apply. For PVC pipe, ASTM D-2774 shall apply. All water mains which cross sewers shall be laid to provide a minimum of 18 inches positive vertical clearance as measured from bottom of pipe to top of pipe. At all crossings, the water line ' pipe shall be adjusted to provide one full length of water line pipe over the sewer line with both joints located as far as possible from the sewer line. A ten (10) foot separation shall be ' maintained between water lines and sewer lines where those lines run parallel to each other. Care shall be taken not to exceed the manufacturer's recommendations on the degree of deflection allowed per joint of pipe. A pipe bend shall be installed where necessary to maintain conformance to those recommendations. ' Pipe, regardless of type, shall be laid on 6 inches of bedding material (see Part B, Paragraph 5) and shall be covered to a depth of 6" over the top of the pipe with the same material. The bedding ' shall be hand tamped in the ditch prior to pipe installation and shall be hard tamped around and over the pipe. ' Reaction backing shall be installed at all points of unbalanced pressure. Required area of undisturbed soil for backing purposes shall be calculated based on the bearing strength of the ' soil (2000 pounds/square foot) maximum allowable unless proven otherwise by soil tests) and on a working pressure of 200 psi. Calculations shall take into account pressures due to water hammer. Sufficient concrete shall be used to properly transfer load from the fitting to the undisturbed soil in a uniform manner and without exceeding the strength of the concrete. The fitting shall be ' wrapped with 8 mil polyethylene prior to pouring the concrete. Concrete shall not extend over or around the fitting joints. All bends, tees, etc. shall remain open until inspected by the City. The transition from 6 -inch pipe to 2 -inch pipe shall be by • means of a tapped 2 -inch plug. ' All 12 -inch or smaller ductile iron 90 degree bends, tees, hydrant shoes, and other valves within 30 feet of a plug or reducer shall have retainer glands. 1 Part C, Construction Methods 1 Li H Where ductile iron pipe is being laid, polyethylene encasement I. shall be installed in accordance with ANSI/AWWA C105, latest revision, for either Method A, B or C installation. The encasement shall be provided for all fittings and all other buried iron ' appurtenances. The encasement shall be protected from prolonged exposure to sunlight to prevent deterioration of the polyethylene film. All iron fittings and all other iron appurtenances shall be wrapped with polyethylene. Pipe detection tape shall be provided in all trenches for ' water line construction. Installation shall be per manufacturer's recommendations and shall be as close as practical to finished grade while maintaining a required minimum of 18 inches between the ' detection tape and the top of any pipe line. A trace wire shall be laid adjacent to all PVC installations and shall be looped around the pipe at least once per joint and ' connected to all valves and fittings. At valves and meter box settings, the trace wire shall be brought up into the valve or meter box as indicated in the standard details. A tracing test may ' be required prior to final acceptance. Maximum pipe cover shall be 60 inches under normal conditions. ' Cover greater than 60 inches shall be allowed for short distances where required by field conditions. No hydrants shall be allowed where lines are greater than 60 inches deep. Minimum pipe cover shall be 36 inches. Cover shall be measured from the top of the 1.. pipe barrel and shall be further defined as: a Land Level Normal to the Direction of the Pipeline: Cover shall be measured from the top o£ the barrel of the pipe to the top of the existing natural ground surface. b) Cut Sections: Cover shall be required and shall be measured from the top of the pipe barrel to the planned grade. c) Fill Sections: Cover shall be measured from the top of the ' pipe barrel to the natural ground surface underlying the fill unless fill material is placed and properly compacted prior to laying the water line. Id) Along and Under Streets: The Cover along streets shall be measured either from natural ground or the curb elevation, whichever results in the lowest absolute elevation of the pipe. Cover under streets shall be measured from the top of the subgrade. ' Minimum elevation for service lines under streets shall be 30 inches below the planned subgrade. That depth shall be maintained to.a point at least 5 feet outside of the curb, storm sewer line, or sidewalk. Service lines shall be wrapped with polyethylene in areas where a grit or other bedding material is not required. Part C, Construction Methods 2 1 I I Reasonable amounts of water for flushing, testing and disinfecting water lines will be supplied by the City. The work shall be coordinated to ensure that it will not be carried on ' during periods of high water usage. Water valves on the existing water system shall only be operated by, or under the direct personal supervision of the City of Fayetteville Water Department. ' After completion of construction of all water lines or sections thereof, the Contractor shall flush, test and disinfect the new water lines as set out below. ' a) Flushing: The Contractor shall fill and flush the newly constructed lines and visually check all combination air ' release and vacuum valves, blow -off valve assemblies, line valves, and fire hydrants to assure proper operation. b) Hydrostatic Testing: All pipe on this project shall be tested as set out in AWWA C600, latest revision. Tests will be conducted only after the line is completed, including all taps and meter settings as required and the backfill completed. These tests shall be performed by the Contractor in the presence of the City Inspectors and the Engineer of Record. The Contractor shall furnish all necessary pressure gauges, meters, and pumps and make all taps and connections. Each valved section of pipe shall be slowly filled with water and the specified test pressure shall be applied by means of a pump connected to the pipe in a manner satisfactory to the Engineer. Befcre applying the test pressure, all air shall be expelled from the pipe by permanent taps or corporation cocks where necessary. Test pressure shall be the greatest of 150 percent of the static pressure or 200 psi, whichever is greater. The developer shall provide all pumps or other equipment necessary to maintain the test pressure within ±5 psi at the test point for a period of two hours. Fire hydrant valves shall be open during the pressure test. c) Leakage: The leakage test shall be conducted concurrently with the pressure test. Leakage shall be defined as the quantity of water that must be supplied into the newly laid pipe, or any valved section thereof, to maintain pressure within 5 psi of the above specified test pressure after the air in the pipeline has been expelled and the pipe has been filled with water. ' Part C, Construction Methods 3 H n I I H d H I C C I I L G I The leakage for water pipe shall be within the limits set out in AWWA C600, latest revision. No pipe installation will be accepted until the leakage is less than the number of gallons per hour as determined by the formula: L = (S) (D) (P°5) 133,200. L = allowable leakage, in gallons per hour; S = length of pipe tested in feet; D = nominal diameterof the pipe, in inches; and P = average test pressure (psi). Should any test of pipe laid disclose leakage greater than that specified, the leak shall be located and repaired and the line shall be re -tested. All visible leaks shall be repaired regardless of the amount of leakage. d) Disinfection• After successful pressure testing, the line(s) shall be flushed velocity equal to or greater than 2.5 feet per second. The line shall then be disinfected in accordance with AWWA C601, latest revision, for "Disinfecting Water Mains," continuous feed method, except that the placing of hypochlorite granules into the main during construction will not be permitted. The contractor shall take great care when flushing the line to assure proper drainage is available to prevent harm at any adjacent downstream location. Disposal of the disinfecting water shall, be in a manner that will protect the public and the receiving waters from harmful concentrations of chlorine. Such disposal shall be in accordance with all applicable EPA and ADPC&E regulations. After sterilization is complete, the Contractor shall then flush the sterilizing solution from the lines, and the treated water lines will then be placed into service. Bacteriological samples shall be taken by City personnel only. Samples shall be taken on two consecutive days and shall be taken only on Monday, Tuesday, or Wednesday. No water meters shall be set until the samples have been approved in writing by the State. Water lines that dead end shall have a blow -off assembly located on the last joint of pipe as shown on the water line detail sheet. The last joint shall be blocked. Valves on dead end lines shall be placed on the next to last joint if possible and shall be restrained. Part C, Construction Methods I 2. Pipe Trench, Excavation: The trench shall be excavated to at least 6 inches below the grade necessary to provide the minimum cover required. Trench width shall be outside pipe diameter at the bell plus 1 foot either side, except for PVC pipe, the minimum trench width shall be the outside diameter of the pipe plus 8 inches. Maximum trench Width shall be the outside diameter of the pipe plus 2 feet. Where the bottom of the trench at subgrade is found to be unstable or to include ashes, cinders, any type of refuse, vegetable or other organic materials, or large pieces of fragments of inorganic material which in the judgment of the Engineer should be removed, the trench shall be excavated and such material removed to the width and depth ordered by the Engineer. Before the pipe is laid the subgrade shall be made by ' backfilling with bedding material (Part B, Paragraph 5) in 6 inch uncompacted layers. The layers shall then be hand or machine tamped so as to provide a uniform and., continuous bearing and ' support for the pipe at all points along the pipe length. The sides of any excavation, when deemed necessary or as required by State or Federal regulation, shall be properly ' supported with bracing, shoring or sheeting as the need may be. Such bracing and shoring shall be withdrawn as the work progresses. In case the excavation is close enough to buildings or other foundations as to endanger their stability by the removing of such '( bracing, then they shall be made secure and left in place, and the water line trench backfilled and thoroughly tamped with the bracing ' in place. The Contractor shall provide sufficient pumps and other necessary equipment to keep the trench free of water which may ' accumulate. If the bottom of the trench becomes soft and muddy, the Contractor shall remove all such soft material and replace it with bedding materials approved in Part B of these specifications. ' Under no conditions shall pipe be laid in a trench that has not been properly dewatered. The length of trench that may be opened ahead of the pipe laying operation shall be determined by field conditions. The contractor is responsible for the proper restoration of open trenches damaged by the weather or by other means. If, because of ' such trench damage, a different type of pipe bedding system is required to provide proper pipe support, the extra expense of such revised bedding shall be borne by the contractor at no cost to the ' City. 1; Part C, Construction Methods 5 1 YI I I H C I H L. J I H I I I I I I I 3. Pipe Trench, Backfill: After the pipe bedding has been placed (including up through 611 above the pipe, the trench, excavated areas around valves, fittings, fire hydrants, and other appurtenances shall be backfilled with excavated material free from rock larger than 6 inches within 18" of the top of the bedding and 8" in diameter thereafter. In no case shall rock material from blasting operations be allowed in the trench. All pipeline trench backfill shall appropriate thickness and compacted hydraulically -powered vibratory trench equivalent equipment. Heavy compaction eqi closer than 2 feet to the top of the pipe. meet the compaction requirements set out and/or recompacted to meet the compaction be placed in layers of using a mechanical, compactor or other iipment shall not be used Any backfill failing to below shall be replaced specifications. All trench backfill (except under paved or driving surface areas as detailed below) shall be compacted to 90 percent (minimum) of that of the adjacent undisturbed soil. Unless specifically noted on the Plans, no density testing will be required to prove compliance with the 90 percent density requirement. In areas where the trench is parallel to or crosses any paved area or driving surface including streets, parking lots, future or planned streets, or driveways, the backfill shall be crushed stone as specified in Section 300 CRUSHED STONE BASE (AHTD Class 7). The Crushed stone trench backfill (aggregate base course, Class 7) shall be placed in 6 to 8 inch lifts and compacted to 95 percent modified Proctor density (ASTM D1557-78). Red clay gravel or "hillside" may be used as a backfill material in areas described in the above paragraph when specifically approved by the City Engineer and compacted in 6 to 8 inch lifts to 95 percent of standard proctor. One density test per crossing shall be required. Where the trench runs parallel to the driving or paved surface one density test shall be required per 500 feet or portion thereof. An additional test will be made for each test failure at approximately 100 feet either side of failing test. In areas to be topsoiled, the density of the backfill material shall be tested at a depth of 12 to 18 inches below the finished grade prior to the placement of the topsoil. In open fields and other areas where' deemed appropriate, the trench may be overfilled and allowed to settle prior to final surface replacement. Trenches may be flooded to promote settlement in areas where it is deemed appropriate. Part C, Construction Methods 6 I Li 4. Installation of Meter Box Settings: Meter box settings shall be located at the street right of way ' or easement line. Double meter boxes shall be placed on the property line between the two lots to be served. Single meter sets shall be placed in the center of the lot. The final grade at the meter box location shall be determined by the Engineer of Record and the meter box shall be placed at that grade. Up to the time of final acceptance by the City, it shall be ' the responsibility of the Owner to make whatever adjustments to meter boxes that might be necessary. After final acceptance by the city, any adjustment of meter boxes needed will be handled in accordance with existing or future City Ordinances that may govern the situation. No meters shall be set by the City until the meter box is adjusted to the proper grade. Any boxes falling in driveways or sidewalks shall be relocated ' at the expense of the developer or lot owner. It shall be the responsibility of the Engineer of Record to place meter box locations on the Record Drawings and to mark them in the field. The Record Drawings shall indicate from where each lot is to receive water service. 5. Valve and Valve Box Installation: ' Gate and butterfly valves shall be installed in accordance with AWWA C600, latest revision, Sections 3.3 and 3.6, and with either AWWA C504 or AWWA C509, as applicable, latest revisions, the ' -manufacturer's recommendations, and these Specifications. Prior to installation, all valves shall be visually inspected for defects, and any foreign material in the valve interior ' removed. A valve box as specified shall be provided for each valve used ' in a buried service application. The valve box shall be installed so as not to transmit shock or stress to the valve. The valve box shall be centered and plumb over the operating nut of the valve ' with the box cover flush with the surface of the finished surface. The valve box shall be backfilled evenly around its perimeter with select material. The backfill material shall be hand tamped so that the ground will not settle after placement of the concrete ' collar. Part C, Construction Methods 7 I C All valve box lids shall have an 18 inch square concrete collar placed around them. The collar shall be centered on the valve box lid and shall be 6 inches thick. The top of the pad ' shall be flush with the top of the box and the surrounding ground or roadway surface. Valve box collars shall not be constructed until every item of cleanup has been completed. ' 6 Fire Hydrant Installation: Prior to installation, all hydrants shall be inspected for direction of opening, cleanliness of inlet elbow, handling damage, and cracks. ' All hydrants shall stand plumb within a tolerance of 1/8 inch horizontally in 12 inches vertically. The nozzles shall be parallel ' with, or at right angles to, the street with the pumper nozzle facing the curb. Hydrants shall be set to established grade with the nozzle centerline at least 18 inches above the ground. ' When hydrants are placed beyond the curb, the hydrant barrel shall be set so that no portion of the pumper or hose nozzle cap will be less than 12 inches nor more than 18 inches from the ' outside face of the curb. When set in the lawn space between the curb and the sidewalk, or between the sidewalk and the property line, no portion of the hydrant or nozzle cap shall he within 6 inches of the sidewalk. Each hydrant shall be connected to the main with a 6 inch ductile iron pipe branch and an independent 6 inch gate valve. The 6 inch branch of themain line fittings shall be equipped with retaining lip and swivel gland for positive restraint without tie rods. Any change in grade needed to properly place the hydrant shall be accomplished by the use of an "S" fitting. Drainage shall be provided at the base of the hydrant by placing coarse gravel or crushed stone mixed with sand from the top of the reaction backing to at least 6 inches above the waste opening in the hydrant, and to a distance 3 feet around the elbow. ' No drainage system shall be connected to a sewer. The bowl of each hydrant shall be braced against unexcavated earth at the end of the trench with concrete reaction backing. IN ' NO CASE SHALL THE CONCRETE BACKING BLOCK OR IMPEDE FLOW FROM THE FIRE HYDRANT DRAIN PORTS. I I Part C, construction Methods E I 7. Blow -Off Construction: The location of the blow -offs shall generally be as detailed. ' The exact location as well as the orientation and length of the piping shall be determined in the field to ascertain that the vertical riser extends above natural grade. ' 8. Clean -Up: ' These specifications shall apply in all cases unless the landowner involved indicates to the City a willingness to waive them. However, no waiver will relieve the contractor from the ' requirement to refill sunken ditchlines as necessary and to control erosion from the cut areas by seeding and mulching until grass is established. Also, no waiver will relieve the contractor from the requirement to leave the site neat and free from construction debris of all kinds. Any such waiver must be submitted in writing to the City and ' approved by the City Engineer. There are generally three classifications of cleanup for water ' line construction: Class I Cleanup. Areas of construction within lawns, gardens, ' or other well -kept areas, including street rights of way that are kept as lawns by adjacent landowners. Class II Cleanup. Areas of construction within fields, ' meadows and street rights of way which are mowed or cultivated (gardens excepted). ' Class III Cleanup. Areas of construction that are heavily brushed or wooded, steep rocky slopes, or other areas where it is not practical for the area to be cultivated. The method of cleanup for each of the classes defined above shall be as set out below. a) Class I Cleanup - Lawns Gardens. Etc. The trench shall be ' backfilled in accordance with these Specifications. After the topsoil has been replaced to the same depth as adjacent undisturbed areas over the damaged areas, the Contractor shall ' proceed immediately to hand rake the entire construction area to remove all rock 1/2 inch or larger in diameter. Debris of every type shall be removed and all damaged tree limbs shall be pruned. After the area has been raked and accepted, it ' shall be seeded at the rate of 0.15 pounds per 100 square feet, using the following seed mixture (percent weight) Part C, Construction Methods 9 L I LI I U I n r, L_ I J I I I I Lawn Fescue 40% Blue Grass 30% Rye Grass (Annual) 30% During or after seeding is complete, all areas shall be covered with 10-20-10 fertilizer at the rate of 250 pounds per acre, or approximately one-half pound per 100 square feet. No watering will be required. However, after seeding and fertilization the entire area shall be rolled with a roller of sufficient size and weight to achieve a smooth finished surface prior to mulching. Straw mulch consisting of good grade clean straw, free of weeds or seed shall be placed over seeded areas and shall be uniformly spread so as to provide a thickness of approximately 2 inches when first spread. Where the existing ground cover does not contain any of the grasses as set out in the seed mixture above (Bermuda grass, Zoysia, etc.), the Contractor shall be responsible for cutting, removing stockpiling and saving the existing sod on the job site. After constructing the water line and backfilling the trench, the sod shall be replaced to a condition equal to or better than that prior to construction. In the event that insufficient sod has been stored, or sod has been lost or destroyed, the Contractor sha.11 be responsible for providing and installing new solid sod of the existing type to complete the cleanup. b) Class II Cleanup - Fields, Meadows, Etc. The trench shall be backfilled in accordance with the Pipe Specifications. After the backfill is completed and the surface over the trench left slightly rounded, the area shall be machine raked to remove all rock to a condition equal to the existing surface on the better side of the adjacent existing right of way. All excess excavated material shall be removed from the site, including excess material which has accumulated around fence posts, trees, mailboxes, etc. All areas which have been disturbed, such as that caused by equipment tracks, shall be carefully backfilled and repaired as though it were a part of the actual trench excavation. Seeding and fertilizing of these areas is required using the seed mixture and application rates set out below (percent expressed in terms of weight). Field Fescue 40% Rye Grass (Annual) 40% White Clover (Common) 20% Part C, Construction Methods 10 I ' After the area has been accepted, it shall be seeded at the rate of 0.15 pounds per 100 square feet. During or after seeding is complete, all areas shall be covered with 10-20-10 I fertilizer at the rate of 250 pounds per acre, or about one-half pound per 100 square feet. No watering will be required. However, after seeding and fertilization the entire ' area shall be rolled with a roller of sufficient size and weight to achieve a smooth finished surface prior to mulching. Where the existing field grass is Bermuda, or other type not specified above, the Contractor shall place such ' topsoil as required, and shall seed with the existing type grass so that an equivalent ground cover will be provided. ' Straw mulch consisting of good grade clean straw, free of weeds or seed shall be placed over seeded areas and shall be uniformly spread so as to provide a thickness of approximately ' 2 inches when first spread. c) Class III Cleanup - Steep, Wooded or Rocky Areas. The trench shall be backfilled in accordance with the Pipe ' Specifications. After the trench backfill is complete, all damaged brush of every type shall be cut just below ground surface and all damaged limbs shall be trimmed. All brush and ' debris shall be disposed of by the Contractor and the entire area shall be machine raked so that the area of construction is in a condition equal to the existing surface on the better side of the existing adjacent right of way. The area of the trench line shall then be seeded and fertilized at the rate of 0.15 pounds per 1.00 square feet ' using the same seed mixture, fertilizer and application rates as set out under Class II cleanup, except that tall fescue (Kentucky 31) shall be used in place of field fescue. ' Straw mulch consisting of good grade clean straw, free of weeds or seed shall be placed over seeded areas and shall be ' uniformly spread so as to provide a thickness of approximately 2 inches when first spread. d) All Areas. All work within the construction area shall be cleaned to the satisfaction of the Owner. In general, all rocks, trash or rubbish of any nature shall be removed from the site of the work. During construction, the Contractor shall at all times keep work areas in a clean, neat and workmanlike condition. Excess pipe, excavation, brush and materials of construction shall be removed and disposed of as the work progresses. In built-up areas, including lawns, the job site shall be cleaned up immediately behind construction. Streets and driveways blocked by excess materials after basic construction is completed will not be tolerated. Part C, Construction Methods 11 I I. If the trench should settle while the Contractor is still on the job or within two (2) years of the project completion date, the Contractor shall make the required repairs at do ' additional cost to the Owner in accordance with the continuing responsibility provisions of these Specifications. Failure of Contractor to make necessary repairs during the one year period will be cause for Owner to make or contract for such 'repairs and invoice the Contractor for all costs. e) Restoration of Damaged Surfaces and Property. Where any pavement, trees, shrubbery, fences, poles or other property and surface structures have been damaged, removed or disturbed by the Contractor, whether deliberately or through failure to carry out the requirements of the contract documents, state laws, municipal ordinances, or through failure to employ usual and reasonable safeguards, such property and surface structures shall be replaced or repaired at the expense of the Contractor. f) Access after Construction. Unless otherwise directed, all areas shall be graded after construction so as to be si accesble by four wheel drive vehicle. IThese clean-up specifications shall apply to on -site subdivision construction as well as off -site construction of water lines. The fact that the installation of. other utilities and/or ' house building a_ctivitie:> ivay damage such erosion control measures shall not exempt the developer from this requirement. 9. Pavement Repairs_ All pavements which have been removed or damaged shall be repaired in accordance with these Specifications depending upon the type of pavement existing prior to construction. ' a. Asphaltic Pavement Repair. The existing pavement shall be saw -cut and removed to a point 18 inches beyond th. trench line limits, and brought to grade 9 inches below ' the top of the existing pavement. Six inches of 3000 psi concrete shall be placed and allowed to cure. This area shall then be resurfaced by applying asphaltic cement ' prime coat at the rate of 0.25 gallons/square yard, followed by a minimum of 3 inches of hot -mixed, hot -laid asphaltic concrete, laid to an elevation matching the existing finished grade. The hot -mixed, hot -laid asphalt ' shall be compacted to 92 percent of theoretical density. I. Part C, Construction Methods 12 I One nuclear densimeter test per asphaltic patch or repair shall be performed. The asphaltic pavement repair shall be deemed acceptable by the Engineer upon a passing ' nuclear densimeter test at a location as directed by the Engineer. The cost of determining the compacted density shall be at the expense of the Contractor. ' Any unacceptable patch or repair shall be replaced and/or recompacted and retested at the Contractor's expense. ' b. Concrete Pavement Repair. The existing pavement shall be saw -cut and removed to a point 18 inches beyond the trench line limits, and brought to grade 9 inches below ' the top of the existing pavement. Concrete (4200 psi) shall be placed to match the existing surface. Joint sealer shall be placed in the area between the repaired ' surface and the original surface. c. Unpaved Driving Surface Repair. After the trench has been backfilled as set out elsewhere in these Specifications, the surface shall be brought to the existing grade with additional crushed stone base. ' Where special paving surfaces exist, such as natural gravel, washed gravel, exposed aggregate, or other such special materials, then the final surfaces shall be replaced in kind except where specifically noted otherwise. 10. Barricades, Guards and Safety Provisions_ To protect persons from injury and to avoid property damage, adequate barricades, construction signs, warning lights and guards ' as required shall be placed and maintained during the progress of the construction work and until it is safe for traffic to use the highway. All material piles, equipment and pipe which may serve as ' obstructions to traffic shall be enclosed by fences or barricades and shall be protected by proper lights when the visibility is poor. Execution of all necessary safety precautions is the so' responsibility of the Contractor. 1 11. Maintenance of Traffic and Closing of Streets: ' The Contractor shall carry on the work in a manner which will cause the least interruption to traffic, and may close to through ' travel not more than two consecutive blocks, including the cross street intersected. Where traffic must cross open trenches, the Contractor shall provide suitable bridges at street intersections and driveways. Ii Part C, Construction Methods 13 u The Contractor shall post suitable signs indicating that a street is closed and necessary detour signs for a proper maintenance of traffic. Three (3) days written notice to the Mayor's office is required prior to the closing of any street. Also, it will be the contractor's responsibility to notify all emergency units (fire, police, EMS, etc.) prior to the closing or partial closing of a street. The closing of State Highways shall require approval of both the City and the State Highway and Transportation Department. I I I Li I IM I C ') Part C, Construction Methods 14 I I I iI H H I I I Appendix B Special Provisions ' to Fayetteville Standard Specifications ' for Waterline Construction I J J I I I I I Ii ri I Ii I I H I I I I L1 [1 HJ H I u SPECIAL PROVISIONS The Standard Water Line Specifications as published by the City of Fayetteville shall govern for all water mains and appurtenances to be installed on this project, except as modified herein. 1. All ductile iron mechanical joint waterline fittings shall have a 6-8 mil thickness of fusion bonded epoxy applied to the exterior and interior of each fitting. This coating shall conform to ANSI/AWWA C550 and Cl 16/A21.16. 2. Tracer wire when spliced or damaged shall be connected with wire nut and wrapped with electrical tape. 3. Meter yoke shall be Mueller B2404 or approved equal. 4. Water service line shall be Drisco Pipe 200 psi DR -9 or approved equal. 5. All trenches shall be backfilled in accordance with the City of Fayetteville's Standard Specifications for Waterline Construction, dated 1996, or its latest revision. 6. Fire hydrants shall be color coded based upon flow capacities. The caps and bonnet, or top two inches of the hydrant if there is no bonnet, shall be color coded as specified below. After color coding is applied, all parts of the fire hydrants shall be coated with Axon Arospace Bright White Alert No. 1460, or equal as approved by the City. Color coding shall not be applied over the Arospace reflective paint. Upon request of the Contractor, the City will conduct flow measurements and notify contractor of flow determinations. Flow Capacity m Color 500- 1,000 Orange 1,000-1,500 Light Green > 1,500 Light Blue The paint shown on the table on the following page, available at Lowe's of Fayetteville, or equal as approved by the City or the Engineer, shall be used for color coding. Special Provisions.DOC SP -1 of 2 Garver No. 0296-3500(2) I Paint Name — Interprise First Step Metal Primer — 48938 Red 1180 Colorant 102 Thalo Blue 103 Thalo Green 111 Med Yellow Interprise-Red Oz 2Y Base 1184 48`h 15 9 31 96th 1 0 0 Colorant Oz 48th 96` h 102 Thalo Green 0 0 0 114 Ext Yellow 1 Y 29 0 116 Ext Red l0Y 37 113 White 30 0 Interprise-Blue Base 1180 Colorant Oz 48th 96h 102 Thalo Blue IY 4 115 Magenta 8 Paint Name - Koppers Koppers - Orange 324 Osha Safety Rustarmor 500 Enamel Special Provisions.DOC SP -2 of 2 Garver No. 0296-3500(2) L I Li LI H I I L L I I L I L I I I L Appendix C City of Fayetteville Tree & Landscape Manual Chapter 5 I City of Fayetteville Landscape Manual 7. Chapter 5: Tree Protection Durhng. Construction „ I City of Fayetteville Landscape Manual General Information . (Excerpt from "How Construction Effects Trees" by Kim J. Hesse, published 3/17/99 in the Northwest Arkansas Times) ' "On most construction sites, existing trees are not protected and are vulnerable to the increased activity and use of equipment. Injury to the bark is very common when ' vehicles and equipment are present within the limits of the tree's canopy. But more commonly, the process of grading and trenching result in the greatest destruction to your trees. If you are considering terracing your yard, adding berms to create interest, ' or simply installing an underground irrigation system, be aware of the effects during construction. ' When grading a site the existing vegetation and topsoil is usually stripped removing valuable nutrients and moisture that the roots depend on. Adding fill during the grading process will almost always smother tree roots in the soil below. Trucking or bulldozing ' in extra soil results in incidental soil compaction. Vehicles, construction equipment, stored supplies, and even foot traffic all cause soil compaction which cuts off oxygen the tree needs to absorb nutrients and can lead to the death of a tree. Trenching to install utilities or irrigation lines involves digging from the surface down to a prescribed depth, usually 2 feet or more below the surface of the soil. Since the ' majority of tree roots are concentrated in the top 3 feet of soil, trenching within the root zone of the tree inevitably severs roots. The closer the pass to the trunk of the tree, the greater the percentage of roots effected. Remember, a tree only grows between 4 and ' 11 major roots. The damage is further magnified by trenching equipment that rip and crush roots leaving large, traumatic wounds that are difficult to heal, and offer gapping ' points of entry for insects and disease. A combination of mistakes during construction can compound the stress to the tree. ' Assume that a couple of major roots are destroyed during trenching and a portion of absorption roots are crushed when a vehicle is allowed to pass within the dripline of the tree. The tree has the same amount of crown to feed with possibly 25% less roots needed to absorb moisture and nutrients. As a result, a portion of the crown declines which means less photosynthesis can occur further weakening the tree. I With most construction activity being a detriment to existing vegetation, it is best to stay away from the existing trees or shrubs you plan to preserve. Erect fencing material around areas that you want to protect. As a general rule, it is important to stay outside ' of the limits of a tree's canopy. This means keeping foot traffic, truck traffic, and even the storage of supplies away from the protected area. Be sure to communicate to everyone involved in the construction process the importance of staying clear of the ' fenced areas. If you are serious about saving certain trees, you may reconsider the design of your improvements, so plan for this in advance. ' 100 City of Fayetteville Landscape Manual Many people consider removing the existing trees with the intent to replace them once construction is complete. Tree replacement, however, is no substitute for preserving mature, established trees that are providing shade, wildlife habitat, clean air and general human enjoyment. A tree planted within the urban setting has an average life expectancy of 10 to 35 years due partly to the polluted environment. A young tree planted today must face a long hard road before it will match the splendor of the mature tree it is replacing. Saving trees during construction may cost additional money, time and some aggravation but the value of a mature established tree will far outweigh that cost." I I Li Li I L Tree preservation is difficult to do during the construction process and the contractor must be aware of which trees are to be preserved during the bidding process. Clarity on what trees and areas are to be undisturbed are critical in preserving valuable site characteristics. Provided is a list of commonly encountered trees that are especially sensitive to construction disturbance: Paper Birch Flowering Dogwood Magnolia species Betula papyrifera Comus florida Magnolia ssp. Redbud Beech'species Crabapple Cercis canadensis Fagus spp. Malus ssp. Fringetree Carolina Silverbell American Hop-hombeam Chionanthus virginicus Halesia carolina Ostrya virginiana Mockemut Hickory Witch -hazel Sourwood Carya tomentosa Hamamelis virginiana Oxydendrum arboreum Shagbark Hickory Black Walnut Spruce species Carya ovate Jug/ens nigra Picea ssp. Bitternut Hickory Sweetgum White Pine Carya cordiformis Liquidambar styraciflua Pinus strobus Yellow -wood Tulip Tree Black Cherry Cladrastis lutea Liriodendron tulipifera Prunus serotina White Oak Scarlet Oak Southern Red Oak Quercus alba Quercus coccinea Quercus Falcate Post Oak Slippery Elm Quercus stellate Ulmus rubra 101 I City of Fayetteville Landscape Manual Pre Construction Preventive measures are very helpful in protecting trees through the construction process. Awareness of what trees are going to be preserved and their preconstruction condition will give the caretaker better knowledge of how to protect the tree during construction and what measures to take after construction. For that reason a pre construction survey is needed; a tree survey will provide the basis for after construction treatment. A predevelopment survey will also identify any undesirable trees that can be removed and locate any rare or important trees that need extra care. The more detailed the initial analysis, the better a person can manage the actions that need to be taken before, during, and after construction. One of the best ways to manage existing trees in construction is communication with the contractor. Just telling the contractor which trees need to be saved is only the beginning. The developer or owner needs to communicate why certain construction practices are detrimental and periodically monitor progress to insure existing trees are not damaged. There are several practices that can be done to a tree to prepare it for the stress related to construction. • Construction of a tree protection fence (See full page detail on pg. 107) The single most important element in protecting trees. The fence should extend at least to the edge of the drip line, farther if possible I • ' 102 Plan view Spreading of mulch or gravel A 12" layer of mulch or a 6" layer of gravel can reduce compaction up to 4" in depth. A temporary bridge can be implemented to further reduce compaction (See full page detail on pg. 109) Reduce mulch to 4" after construction complete I I C I I I I I City of Fayetteville Landscape Manual • Pruning The removal of limbs that could be an obstruction to equipment should be removed. For safety and to prevent further damage to the tree, any dead limbs should also be removed. • Irrigation Probably the most important preventive measure is irrigation. Previously water stressed trees have a poorer chance of survival than a well - watered, healthy tree. Irrigation should be carried out in normal fashion, wetting entire root zone to a depth of 2' to 3'. On sites that generate excessive dust due to construction, the leaves of the trees must be sprayed with water to prevent dust from clogging pores of the leaves. • Fertilization Supplemental nutrients can be applied to trees that exhibit weak, scraggly crowns and overall poor performance. The only time fertilization is beneficial is the season before construction is scheduled to begin. • Construction of a fill/ aeration system (See full page detail on pg.108) This system allows for gas exchange between roots and the atmosphere, otherwise not possible when soil is compacted and/or paving is applied. AZ AF _ • F¢p ZF ¢gyp It } F Ae ' >r 4 QN Fb F FAIR ~F K ¢@F 8 min ' N'on .in no m A' Edst ng bode Fnisn Grad. -1 fapbng Jr ''1 Screened vent cap Crushed stone 1( 1 Drain to eoYognt ' < perforated pipe min. 1 Wr000ed in geow+fiu fabric w;aln of tree crown or larger I The following attached table was taken from Trees and DevelopmentA Technical Guide to Preservation of Trees During Land Development titled Major construction impacts, construction activities, and methods to minimize tree damage. 103 I City of Fayetteville Landscape Manual Impacts to tree Construction activity Methods/Treatments to minimize damage Root loss Stripping site of organic surface Restrict stripping of topsoil soil before grading; clearing around trees unwanted vegetation; demolishing Install fences to protect existing structures trees from injury • Any woody vegetation should be cut level'with ground and not pulled up by roots Lowering grade, scarifying, Before grading, root prune preparing subgrade for fill and tree at edge of excavation to structures depth required • Soil beyond cut face can be removed by equipment sitting outside of dripline • Use retaining walls with discontinuous footings to increase the distance that natural grade is maintained Preparing subgrade for pavement Use paving section requiring a minimum amount of excavation • Minimize thickness of pavement by directing heavy traffic away from trees • Increase strength of pavement to reduce reliance on subgrade for strength Excavation for footings, walls, • Avoid continuous footings foundations adjacent to trees • Use pier foundations with beams above grade instead of slab • Orient piers to avoid major roots • Excavate by hand, bridging roots where possible • Where roots must be removed, cut cleanly with appropriate tools, saw, not backhoe or trencher Trenching for utilities, drains • Avoid open trenching in root area I I I L 1 1 , r1 City of Fayetteville Landscape Manual Impacts to Construction activity Methods/Treatments to tree minimize damage • Tunnel under roots, if possible. If not, dig by hand bridging roots greater than 1 "diameter • Consolidate utilities in one trench Wounding Injury from equipment •Fence tree to enclose low crown of tree branches and protect trunk • Clean up wounds up as soon as possible Creating clearance for building, Prune to minimum height traffic, construction equipment required prior to construction Consider minimum height requirements of construction equipment and emergency vehicles over road All pruning should be done by a Certified Arborist Unfavorable Compacted surface soils Fence trees to keep traffic and conditions for storage out of root area root growth; Provide a storage yard and chronic stress traffic areas for construction from reduced activity well away from trees root system Where traffic cannot be diverted, protect soil surface with thick mulch or steel plates Spills, waste disposal Fence trees to exclude dumping • Clean up accidental spills immediately Soil sterilants (herbicides) applied Use herbicides safe for use over pavement around trees. Adhere to label requirements Impervious pavement over soil •Minimize use of pavement within surface dripline Inadequate soil Rechannelization of stream flow; •Consider system to allow low moisture redirecting runoff; lowering water flow through normal stream table; lowering grade alignments and provide bypass into storm drains to peak flow • Provide supplemental irrigation in similar volumes and seasonal distribution as would normally occur 105 City of Fayetteville Landscape Manual Impacts to tree Excess soil moisture Increased exposure 106 Construction activity Underground flow backup; raising water table Lack of surface drainage away from tree Irrigation of exotic plants Thinning stands, removal of undergrowth Reflected heat from surrounding hard surfaces Pruning MethodsR7eatments to minimize damage 0 Fills placed across drainage courses must have culverts placed at the bottom of the low flow so that water is not backed up upstream Study the geotechnical report for ground water characteristics to see that walls and fills will not intercept underground flow Where surface grades are to be modified, make sure that water will flow away from the trunk. If tree is in low point, design drain system with least impact to roots Match irrigation requirements of tree and understory landscape to avoid over irrigation Retain forest trees in groves rather than singly Maintain natural undergrowth Minimize use of hard surfaces around trees. Monitor moisture needs where water use is expected to increase Avoid severe pruning where previously shaded bark would be exposed to sun. Li Li I I C C I I 'I i 3 T.,. City of Fayetteville Landscape Manual I. meriVnum Wan race KKOMn (Ynae or Cri,ve' Roof ID,,.) Rodwa . I h pr inLi of 4m\ pa. Plan view Oro,. (M.Vs[LM rind. owt .in. a .n mnn eit, rwppvq City of Fayetteville Standard Notes For Tree and Natural Area Protection 1. All trees and natural areas shown on this plan to be preserved shall be protected during construction with temporary fencing 2. Protective fences shall be erected according to City of Fayetteville standards for tree protection 3. Protective fences shall be installed prior to the start of any site preparation work and shall be maintained throughout all phases of the construction project 4. Erosion and sedimentation control barriers shall be installed or maintained in a manner which does not result in soil build-up within tree drtplines 5. Protective fences shall surround the trees or group of trees, and will be located at the dripline, for natural areas, protective fences shall follow the limit of construction line, in order to prevent the following: A. Soil compaction in the root zone area resulting from vehicular traffic or storage of equipment B. Root zone disturbances due to grade changes (greater than 6') or trenching not reviewed by city aroorist C. wounds to exposed roots, trunk or limbs by mechanical equipment D. other activities detrimental to trees such as chemical storage, cement truck cleaning, & fires 6. Exceptions to installing fences at tree driplines may be permitted 'f in the following cases: A. Where them is to be an approved grade change, impermeable paving surface, tree well, or other such site development B. Where permeable paving is to be Installed within a ' tree's dripline, erect the fence at the outer limits of the permeable paving area (prior to site grading so that this area Is graded separately prior to paving installation to L. minimize root damage) ii 1) ii C. Where trees are close to proposed buildings, erect the fence to allow 6 to 10 feet of work space between the fence and the budding D. Where there are severe space constraints due to tract size, or other special requirements 7. Where any of the above exceptions result in a fence being closer than 4 feet to a tree trunk, protect the trunk with strapped on planking to a height of 8 feet ( or limits of lower branching) in addition to the reduced fencing provided 8. Trees approved for removal shall be removed in a manner which does not impact trees to be preserved 9. Any roots exposed by construction activity shall be pruned flush with the soil. Backfill root areas with good quality top soil as soon as possible. If exposed root areas are not backfilled within 2 days, cover them with organic material in a manner which reduces soil temperature and minimizes water loss due to evaporation 10. Any trenching required for the installation of landscape irrigation shall be placed as far from existing tree trunks as possible 11. No landscape topsoil dressing greater than 4 inches shall be permitted within the dripline of trees. No soil is permitted on the mot flare of any tree 12. Pruning to provide clearance for structures, vehicular traffic, and equipment shall take place before construction begins 13. All finished pruning must be done according to recognized, approved standards of the industry (reference the National Arborist Association Pruning Standards for Shade Trees available upon request from the city arbodst) 14. Deviations from the above notes may be considered ordinance violations if there is substantial non-compliance or if a tree sustains damage as a result 107 City of Fayetteville Landscape Manual It It YaiTth B' min. vl' Wall with nof9Existing Grade Finish Grade footing f'I 1 F1 r Screened vent cop ��rl �� • •..7..v:.: ;D y' I�i�//�A� . .. Width of tree crown or larger Fill aeration system 108 City of Fayetteville Landscape Manual ' o Cb° � Combination of a thick layer of %o9co o wood mulch with steel plates or ' 0 0oo� plywood is the most effective ° 0 °m0' OCO o O0 °°0 Temporary bridge may be constructed of 0o Q Ego ,op , steel plates or plywood 0 0 0000 6 d' 0 O ° 0 o 0°O 08 Supporting timbers for driving ° 0 °0° 000 surface may be substituted for a 6"-12" layer of wood mulch ' o o 0 00 This option should be o °c 00400 0 0 o used only when traffic ' cannot be avoided over ° 4 tree root system O 1 1 1 l Post signs to direct worker's traffic over the temporary bridge ft.v CC1 K LTimbers or support structure should run parallel with root system Temporary bridge 109 I 1 1 1 1 1 1 1 1 1 1 City of Fayetteville Landscape Manual Post Construction Preventive maintenance is far easier to do than attempting to correct the ailments of injured trees. If possible, collect the preconstruction survey about the health and existing physical conditions of the preserved trees; the preconstruction survey will help in determining the impacts of construction and what treatments should be done. If no previous analysis is available, a survey of the changed site conditions, condition of trees, and the possible long term results would be beneficial. There are a few key characteristics of trees and their surroundings that need to be taken into consideration: the tree's structural stability, health, and affected soil conditions. Typical signs of tree injury from construction • Branch dieback • Wounds from equipment • Attack from borers and other pests • Small leaves • Leaf scorch • Leaf wilt • Early fall defoliation and coloration • Heavy seeding Once the problem that is causing unwanted stress on preserved trees is identified, maintenance can be executed. Sadly there is little a homeowner, or even an arborist, can do once major damage has been inflicted. Common practices to reduce construction stress are as follows: • Irrigation • Pruning • Mulching • Fill soil removal • Pest management • Fertilization • Tree removal The most common problem in construction impact is soil compaction. This subject deserves further explanation because of the variety in methods used to reverse compaction's negative effects on trees. Soil that is compacted prevents aeration, permeability, and nutrient absorption. Several processes are highlighted in better detail in Trees and Development by Matheny and Clark. Most of the processes to help trees should be carried out by a licensed arborist, not by the contractor. See the appendix on contacts to locate a qualified person. 110 I I 1 1 Ii I I 1 1 1 1 I I of Fayetteville Landscape Manual Growth regulators application of chemicals (moderate results) Vertical mulching drilling 2" holes 18"-24" deep and backfilling with a porous material (moderate results) ,r AP qdFO IRA�3RH..R F eyg�"� 1.F 'R O tAfglo F FS �d'F Y}y(�jF RR M F fG Flb F FRF �F �� 'R R {,R O 0 O �l3F S3F jS O Mqh �/ 0 4 ro 0 4a �Y F O p4 O 0 *Wvr O 0 0 Radial trenching First identify location of anchor roots, trench between them and backfill (best results) O ^e 111 I iI City of Fayetteville Landscape Manual • ' Utility Lines and Trees Underground utility lines are another threat to existing trees during the various phases ' of construction. For trees to survive, special planning about utility line routes and placement must occur. Instead of straight paths for utility lines that devastate tree root systems, curved paths can be implemented to avoid root and utility conflicts. The example shows evidence of tree preservation in the design of the structures, but no planning was considered when routing the utility lines. I I I I I I When other obstacles prevent the maneuvering of utilities around trees, boring ' equipment can allow utility lines to pass under the critical areas of a tree's root system. A tree's ability to absorb vital nutrients and water are strictly dependant on its root system; the cutting of any major roots applies stress that can often lead to death. It is ' imperative that to preserve on site trees careful attention must be exercised where disturbance is going to occur. I I I I ' 112 Root system is protected by boring trenching is unavoidable. then make clean, smooth cuts I 11 I II L I L L I I Li Li I I I I Li J L WATER METER ADJUSTMENTS Meter Meter Box Meter Box Meter Location House Meter Yoke Yoke (Replace or Lid (Replace (Sufficient or Number Street Type Size Reuse) or Reuse) Adjust) 200 College ee Copper 5/8" Reuse Reuse Sufficient C College Existing abandoned meter, located within existing sidewalk, shall remain 200 Avenue abandoned in place. 204 College Copper 5/8" Reuse Reuse Sufficient Avenue 222 Collee Copper 5/8" Replace Replace Sufficient C llege 224 CCollee Copper 5/8" Replace Reuse Sufficient llege 226 College Copper 5/8" Replace Reuse Sufficient Avenue 228 College Copper 5/8" Reuse Reuse Sufficient Avenue 229 College Copper 5/8" Reuse Replace, cha18ge to Adjust, move 5' Avenue approx. south 230 CAvenue olge Copper 5/8" Reuse Reuse Sufficient 234 College Copper 5/8" Reuse Reuse Sufficient Avenue 235 CAvollee Copper 5/8" Reuse Replace, change to Adjust, move 5' north enue 18 approx. 238 College Copper 5/8" Reuse Reuse Sufficient Avenue 300 College Copper 5/8" Replace Reuse Sufficient Avenue 306 College Copper 5/8" Reuse Reuse Sufficient Avenue 308 College Copper 5/8" Replace Replace Adjust, move 15' Avenue approx. north 311 College Copper 5/8" Reuse Reuse Adjust, fix lid to Avenue set properly 312 Copper 5/8" Reuse Reuse Sufficient ColCollege 316 College Copper, 5/8" Replace Reuse Sufficient Avenue Replace Adjust, move 319 Collee Copper 5/8" Reuse Reuse approx. 25' Avenue northwest 321 College Copper 5/8" Reuse Reuse Adjust, move 6' west Avenue approx. 324 Colle Copper 5/8" Replace Reuse Sufficient C enue 404 College Copper 5/8" Reuse Reuse Sufficient Avenue 405 College Copper 5/8" New Box New Lid Adjust, move 30' north Avenue approx. Accelerated Waterlines Meter -1 Garver No. 0296-3500 Work Order No. 2 I I I n I I I I I P I I I C I L Meter Meter Box Meter Box Meter Location House Meter Yoke Yoke (Replace or Lid (Replace (Sufficient or Number Street Type Size Reuse) or Reuse) Adjust) 407 College Copper 5/8" Reuse Reuse Sufficient Avenue Lewis Replace, all Replace, all Sufficient, all 24 1701 Avenue Copper 5/8" 24 boxes 24 boxes boxes 1701, Station Lewis Copper 5/8" Replace Reuse Sufficient 20+40; Avenue Left 1702 Lewis Copper 5/8" Reuse Reuse Sufficient Avenue 1704 Lewis Copper 5/8" Reuse Reuse Sufficient Avenue 1716 s Copper, Double 5/8" Reuse Reuse Sufficient Avenue Loo 1718 Lewis Copper 5/8" Replace Reuse Sufficient Avenue Replace, Reuse, same 1732 Lewis Copper 5/8" same box as box as house Sufficient Avenue house number 1718 number 1718 Station 17+83; College Copper 5/8" Reuse Reuse Sufficient Left Avenue Station 17+83; Colleege Copper 5/8" Reuse Reuse Sufficient Left Avenue Av Station 10+80; Lewis Copper 2" Reuse Reuse Sufficient Right Avenue Station 15+85; Lewis Copper 2" Reuse Reuse Sufficient Right Avenue I Accelerated Waterlines Meter -2 Garver No. 0296-3500 Work Order No. 2 C I I IJ LJ H I H Appendix E 1 29 CFR Part 1926 Subpart P, OSHA Standards L I H C I I I I I I Regulations (Standards - 29 CFR) Authority for 1926 Subpart P - 1926 Subpart P ' • Part Number: 1926 • Part Title: Safety and Health Regulations for Construction I. • Subpart: P • Subpart Title: Excavations • Standard Number: 1926 Subpart P • Title: Authority for 1926 Subpart P t•Appendix: A,B,C,D,E,F ' AUTHORITY: Sec. 107, Contract Worker Hours and Safety Standards Act (Construction Safety Act) (40 U.S.C. 333); Secs. 4, 6, 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), or 1-90 (55 FR 9033), as ' applicable. Section 1926.651 also issued under 29 CFR Part 1911. SOURCE: 54 FR 45959, Oct. 31, 1989, unless otherwise noted. [59 FR 40730, Aug. 9, 1994] Regulations (Standards - 29 CFR) ' Scope, application, and definitions applicable to this subpart. - 1926.650 • Part Number: 1926 ' • Part Title: Safety and Health Regulations for Construction • Subpart: P • Subpart Title: Excavations • Standard Number: 1926.650 • Title: Scope, application, and definitions applicable to this subpart. 1926.650(a) ' Scope and application. This subpart applies to all open excavations made in the earth's surface. Excavations are defined to include trenches. ' 1926.650(b) Definitions applicable to this subpart. "Accepted engineering practices" means those requirements which are compatible with standards of practice required by a registered professional engineer. ' "Aluminum Hydraulic Shoring" means a pre-engineered shoring system comprised of aluminum hydraulic cylinders (crossbraces) used in conjunction with vertical rails (uprights) or horizontal rails (wales). Such system is designed specifically to support the sidewalls of an excavation and prevent cave-ins. "Bell-bottom pier hole" means a type of shaft or footing excavation, the bottom of which is made larger than the cross section above to form a belled shape. "Benching (Benching system)" means a method of protecting employees from cave-ins by excavating the sides of an excavation to form one or a series of horizontal levels or steps, usually with vertical or near -vertical ' surfaces between levels. "Cave-in" means the separation of a mass of soil or rock material from the side of an excavation, or the loss of soil from under a trench shield or support system, and its sudden movement into the excavation, either by falling or sliding, in sufficient quantity so that it could entrap, bury, or other wise injure and immobilize a person. "Competent person" means one who is capable of identifying existing and predictable hazards in the surroundings, or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has ' authorization to take prompt corrective measures to eliminate them. ' 29 CFR Pt 1926, Subpt P. OSHA Std.doc Page 1 of 55 Garver Project No. 0296-3500(2) I I I I J Li I C L L I I I I I "Cross braces" mean the horizontal members of a shoring system installed perpendicular to the sides of the excavation, 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 removal. "Faces" or "sides" means the vertical or inclined earth surfaces formed as a result of excavation work. "Failure" means the breakage, displacement, or permanent deformation of a structural member or connection so as to reduce its structural integrity and its supportive capabilities. "Hazardous atmosphere" means an atmosphere which by reason of being explosive, flammable, poisonous, corrosive, oxidizing, irritating, oxygen deficient, toxic, or otherwise harmful, may cause death, illness, or injury. "Kickout" means the accidental release or failure of a cross brace. "Protective system" means a method of protecting employees from cave-ins, from material that could fall or roll from an excavation face or into an excavation, or from the collapse of adjacent structures. Protective systems include support systems, sloping and benching systems, shield systems, and other systems that provide the necessary protection. "Ramp" means an inclined walking or working surface that is used to gain access to one point from another, and is constructed from earth or from structural materials such as steel or wood. "Registered Professional Engineer" means a person who is registered as a professional engineer in the state where the work is to be performed. However, a professional engineer, registered in any state is deemed to be a "registered professional engineer" within the meaning of this standard when approving designs 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 structure that is able to withstand the forces imposed on it by a cave-in and thereby protect employees within the structure. Shields can be permanent structures or can be designed to be portable and moved along as work progresses. Additionally, shields can be either premanufactured or job -built in accordance with 1926.652(c)(3) or (c)(4). Shields used in trenches are usually referred to as "trench boxes" or "trench shields." "Shoring (Shoring system)" means a structure such as a metal hydraulic, mechanical or timber shoring system that supports the sides of an excavation and which is designed to prevent cave-ins. "Sides". See "Faces." "Sloping (Sloping system)" means a method of protecting employees from cave-ins by excavating to form sides of an excavation that are inclined away from the excavation so as to prevent cave-ins. The angle of incline required to prevent a cave-in varies with differences in such factors as the soil type, environmental conditions of exposure, and application of surcharge loads. "Stable rock" means natural solid mineral material that can be excavated with vertical sides and will remain intact while exposed. Unstable rock is considered to be stable when the rock material on the side or sides of the excavation is secured against caving -in or movement by rock bolts or by another 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 shoring, which provides support to an adjacent structure, underground installation, or the sides of an excavation. "Tabulated data" means tables and charts approved by a registered professional engineer and used to design and construct a protective system. "Trench (Trench excavation)" means a narrow excavation (in relation to its length) made below the surface of the ground. In general, the depth is greater than the width, but the width of a trench (measured at the bottom) is not greater than 15 feet (4.6 m). If forms or other structures are installed or constructed in an excavation so as to reduce the dimension measured from the forms or structure to the side of the excavation to 15 feet (4.6 m) or less (measured at the bottom of the excavation), the excavation is also considered 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 positioned so that individual members do not contact each other. Uprights placed so that individual members are closely spaced, in contact with or interconnected to each other, are often called "sheeting." "Wales" means horizontal members of a shoring system placed parallel to the excavation face whose sides bear against the vertical members of the shoring system or earth. J 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 2 of 55 Garver Project No. 0296-3500(2) J I Regulations (Standards - 29 CFR) Specific Excavation Requirements. - 1926.651 • Part Number: 1926 ' • Part Title: Safety and Health Regulations for Construction • Subpart: P • Subpart Title: Excavations I. Standard Number: 1926.651 • Title: Specific Excavation Requirements. ' 1926.651(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. 1926.651(b) Underground installations. ' 1926.651(b)(1) The estimated location of utility installations, such as sewer, telephone, fuel, electric, water lines, or any other underground installations that reasonably may be expected to be encountered during excavation work, shall be determined prior to opening an excavation. 1926.651(b)(2) Utility companies or owners shall be contacted within established or customary local response times, advised of ' the proposed work, and asked to establish the location of the utility underground 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 installations are used. ../916.651(6)(3) 1926.651(b)(3) ' When excavation operations approach the estimated location of underground installations, the exact location of the installations shall be determined by safe and acceptable means. ' 1926.651(b)(4) While the excavation is open, underground installations shall be protected, supported or removed as necessary to safeguard employees. ' 1926.651(c) Access and egress - 1926.651(c)(1) Structural ramps. 1926.651(c)(1)(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 structural design, and shall be constructed in accordance with the design. 1926.651(c)(1)(ii) Ramps and runways constructed of two or more structural members shall have the structural members connected together to prevent displacement. 1 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 3 of 55 Garver Project No. 0296-3500(2) I 1926.651(c)(1)(iu) Structural members used for ramps and runways shall be of uniform thickness. 1926.651(c)(1)(iv) Cleats or other appropriate means used to connect runway structural members shall be attached to the bottom of the runway or shall be attached in a manner to prevent tripping. ' 1926.651(c)(I)(v) 1926.651(c)(1)(v) Structural ramps used in lieu of steps shall be provided with cleats or other surface treatments o the top surface Ito prevent slipping. 1926.651(c)(2) Means of egress from trench excavations. A stairway, ladder, ramp or other safe means of egress shall be t located 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. ' 1926.651(d) Exposure to vehicular traffic. Employees 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 material. 1926.651(e) Exposure to falling loads. No employee shall be permitted underneath loads handled by lifting or digging equipment. Employees shall be required to stand away from any vehicle being loaded or unloaded to avoid t being struck by any spillage or falling materials. Operators may remain in the cabs of vehicles being loaded or unloaded when the vehicles are equipped, in accordance with 1926.601 (b)(6), to provide adequate protection for the operator during loading and unloading operations. ..1926.651(/) 1926.651(f) Warning system for mobile equipment. When mobile equipment is operated adjacent to an excavation, or when such equipment is required to approach the edge of an excavation, and the operator does not have a clear and ' direct view of the edge of the excavation, a warning system shall be utilized such as barricades, hand or mechanical signals, or stop logs. If possible, the grade should be away from the excavation. 1926.651(g) ' Hazardous atmospheres - 1926.651(g)(1) ' Testing and controls. In addition to the requirements set forth in subparts D and E of this part (29 CFR 1926.50 - 1926.107) to prevent exposure to harmful levels of atmospheric contaminants and to assure acceptable atmospheric conditions, the following requirements shall apply: ' 1926.651(g)(1)(i) Where oxygen deficiency (atmospheres containing less than 19.5 percent oxygen) or a hazardous atmosphere exists or could reasonably be expected to exist, such as in excavations in landfill areas or excavations in areas where hazardous substances are stored nearby, the atmospheres in the excavation shall be tested before employees enter excavations greater than 4 feet (1.22 m) in depth. 1926.651(g)(1)(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 include providing proper respiratory protection or ventilation in accordance with subparts D and E of this part respectively. ' 1926.651(g)(1)(ui) Adequate precaution shall be taken such as providing ventilation, to prevent employee exposure to an atmosphere containing a concentration of a flammable gas in excess of 20 percent of the lower flammable limit ' of the gas. 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 4 of 55 Garver Project No. 0296-3500(2) C1 ' ..1926.651(g)(1)fly) 1926.651(g)(1)(iv) When controls are used that are intended to reduce the level of atmospheric contaminants to acceptable levels, testing shall be conducted as often as necessary to ensure that the atmosphere remains safe. 1926.651(g)(2) ' Emergency rescue equipment. 1926.651(g)(2)(i) ' Emergency rescue equipment, such as breathing apparatus, a safety harness and tine, or a basket stretcher, shall be readily available where hazardous atmospheric conditions exist or may reasonably be expected to develop during work in an excavation. This equipment shall be attended when in use. 'Employees entering bell-bottom pier holes, or other similar deep and confined footing excavations, shall wear a harness with a lifeline securely attached to it. The lifeline shall be separate from any line used to handle materials, and shall be individually attended at all times while the employee wearing the lifeline is in the excavation. 1926.651(h) ' Protection from hazards associated with water accumulation. 1926.651(h)(1) ' Employees shall not work in excavations in which there is accumulated water, or in excavations in which water is accumulating, unless adequate precautions have been taken to protect employees against the hazards posed by water accumulation. 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. ..1926.651(h)(2) 1926.651(h)(2) I 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. 1926.651(h)(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 excavation. Excavations subject to runoff from heavy rains will ' require an inspection by a competent person and compliance with paragraphs (h)(l) and (h)(2) of this section. 1926.651(i) Stability of adjacent structures. 1926.651(i)(1) Where the stability of adjoining buildings, walls, or other structures is endangered by excavation operations, ' support systems such as shoring, bracing, or underpinning shall be provided to ensure the stability of such structures for the protection of employees. 1926.651(i)(2) ' Excavation below the level of the base or footing of any foundation or retaining wall that could be reasonably expected to pose a hazard to employees shall not be permitted except when: 1926.651(i)(2)(i) A support system, such as underpinning, is provided to ensure the safety of employees and the stability of the structure; or 1926.651(i)(2)(il) 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 5 of 55 Garver Project No. 0296-3500(2) I I P1 P1 I I I H I H The excavation is in stable rock; or ..1926.651(i) (2) (iii) 1926.651(i)(2)(iii) A registered professional engineer has approved the determination that the structure is sufficiently removed from the excavation so as to be unaffected by the excavation activity; or 1926.651(i)(2)(iv) A registered professional engineer has approved the determination that such excavation work will not pose a hazard to employees. 1926.651(i)(3) Sidewalks, pavements and appurtenant structure shall not be undermined unless a support system or another method of protection is provided to protect employees from the possible collapse of such structures. 1926.651(i) Protection of employees from loose rock or soil. 1926.651(j)(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 material; installation of protective barricades at intervals as necessary on the face to stop and contain falling material; or other means that provide equivalent protection. ..19266516)(2) 1926.651(1)(2) Employees shall be protected from excavated or other materials or equipment that could pose a hazard by falling or rolling into excavations. Protection shall be provided by placing and keeping such materials or equipment at least 2 feet (.61 m) from the edge of excavations, or by the use of retaining devices that are sufficient to prevent materials or equipment from falling or rolling into excavations, or by a combination of both if necessary. ' 1926.651(k) Inspections. 1926.651(k)(1) ' Daily inspections of excavations, the adjacent areas, and protective systems shall be made by a competent person for evidence of a situation that could result in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions. 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 inspections are only required when employee exposure can be reasonably anticipated. ' 1926.651(k)(2) Where the competent person fmds evidence of a situation that could result in a possible cave-in, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions, exposed employees shall ' be removed from the hazardous area until the necessary precautions have been taken to ensure their safety. 1926.651(l) Fall protection. 1926.651(1)(1) Walkways shall be provided where employees or equipment are required or permitted to cross over excavations. ' Guardrails which comply with 1926.502(b) shall be provided where walkways are 6 feet (1.8 m) or more above lower levels. [59 FR 40730, Aug 9, 1994] I ' 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 6 of 55 Garver Project No. 0296-3500(2) I I Regulations (Standards - 29 CFR) Requirements for protective systems. - 1926.652 ' • Part Number: 1926 • Part Title: Safety and Health Regulations for Construction • Subpart: P ' • Subpart Title: Excavations • Standard Number: 1926.652 • Title: Requirements for protective systems. I LI L1 iI H H 1J J I I I I I 1926.652(a) Protection of employees in excavations 1926.652(a)(1) Each employee in an excavation shall be protected from cave-ins by an adequate protective system designed in accordance with paragraph (b) or (c) of this section except when: 1926.652(a)(1)(i) Excavations are made entirely in stable rock; or 1926.652(a)(1)(ii) Excavations are less than 5 feet (1.52 m) in depth and examination of the ground by a competent person provides no indication of a potential cave-in. 1926.652(a)(2) Protective systems shall have the capacity to resist without failure all loads that are intended or could reasonably be expected to be applied or transmitted to the system. ..I916.652(b) 1926.652(b) Design of sloping and benching systems. The slopes and configurations of sloping and benching systems shall be selected and constructed by the employer 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: 1926.652(b)(1) Option (1) -Allowable configurations and slopes. I926.652(b)(1l(i) Excavations shall be sloped at an angle not steeper than one and one-half horizontal to one vertical (34 degrees measured from the horizontal), unless the employer uses one of the other options listed below. 1926.652(b)(1)(ii) Slopes specified in paragraph (b)(l)(i) of this section, shall be excavated to form configurations that are in accordance with the slopes shown for Type C soil in Appendix B to this subpart. 1926.652(b)(2) Option (2) - Determination of slopes and configurations using Appendices A and B. Maximum allowable slopes, and allowable configurations for sloping and benching systems, shall be determined in accordance with the conditions and requirements set forth in appendices A and B to this subpart. 1926.652(b)(3) Option (3) - Designs using other tabulated data. 1926.652(b)(3)(i) ' 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 7 of 55 Garver Project No. 0296-3500(2) I I I I I I Ti I I I I I Ti F HH C Designs of sloping or benching systems shall be selected from and in accordance with tabulated data, such as tables and charts. 1926.652(b)(3)(ii) The tabulated data shall be in written form and shall include all of the following: ..1926. 652 (b) (3) (ii) (A) 1926.652(b) (3)(ii)(A) Identification of the parameters that affect the selection of a sloping or benching system drawn from such data; 1926.652(b)(3)(ii) (B) Identification of the limits of use of the data, to include the magnitude and configuration of slopes determined to be safe; 1926.652(b) (3)(ii)(C) Explanatory information as may be necessary to aid the user in making a correct selection of a protective system from the data. 1926.652(b)(3)(iii) At least one copy of the tabulated data which identifies the registered professional engineer who approved the data, shall be maintained at the jobsite during construction of the protective system. After that time the data may be stored off the jobsite, but a copy of the data shall be made available to the Secretary upon request. 1926.652(b)(4) Option (4) - Design by a registered professional engineer. 1926.652(b)(4)(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. 1926.652(b)(4)(ii) Designs shall be in written form and shall include at least the following: 1926.652(b)(4)(ii)(A) The magnitude of the slopes that were determined to be safe for the particular project; ..I926.652 (b) (4) (ii) (B) 1926.652(b)(4)(ii)(B) The configurations that were determined to be safe for the particular project; 1926.652(b)(4)(u)(C) The identity of the registered professional engineer approving the design. 1926.652(b)(4)(iii) At least one copy of the design shall be maintained at the jobsite while the slope is being constructed. After that time the design need not be at the jobsite, but a copy shall be made available to the Secretary upon request. 1926.652(c) Design of support systems, shield systems, and other protective systems. Designs of support systems , shield systems, and other protective systems shall be selected and constructed by the employer or his designee and shall be in accordance with the requirements of paragraph (c)(1); or, in the alternative, paragraph (c)(2); or, in the alternative, paragraph (c)(3); or, i the alternative, paragraph (c)(4) as follows: 1926.652(c)(1) Option (1) - Designs using appendices 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 aluminum hydraulic shoring shall be in accordance with paragraph (c)(2) of this section, but if manufacturer's tabulated data cannot be utilized, designs shall be in accordance with appendix D. F1 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 8 of 55 Garver Project No. 0296-3500(2) I ' ..192�652(c)(2) 1926.652(c)(2) ' Option (2) - Designs Using Manufacturer's Tabulated Data. 1926.652(c)(2)(i) Design of support systems, shield systems, or other protective systems that are drawn from manufacturer's ' tabulated data shall be in accordance with all specifications, recommendations, and limitations issued or made by the manufacturer. 1926.652(c)(2)(ii) Deviation from the specifications, recommendations, and limitations issued or made by the manufacturer shall only be allowed after the manufacturer issues specific written approval. • 1926.652(c)(2)(iii) Manufacturer's specifications, recommendations, and limitations, and manufacturer's approval to deviate from the specifications, recommendations, and limitations shall be in written form at the jobsite during construction ' of the protective system. After that time this data may be stored off the jobsite, but a copy shall be made available to the Secretary upon request. 1926.652(c)(3) Option (3) - Designs using other tabulated data. 1926.652(c)(3)(i) ' Designs of support systems, shield systems, or other protective systems shall be selected from and be in accordance with tabulated data, such as tables and charts. 1926.652(c)(3)(ii) The tabulated data shall be in written form and include all of the following: 1926.652(c)(3)(ii)(A) Identification of the parameters that affect the selection of a protective system drawn from such data; ..1926.652 (c) (3) (i i) (B) 1926.652 (c) (3)(ii)(B) Identification of the limits of use of the data; ' 1926.652(c)(3)(ii)(C) Explanatory information as may be necessary to aid the user in making a correct selection of a protective system ' from the data. 1926.652(c)(3)(iii) At least one copy of the tabulated data, which identifies the registered professional engineer who approved the ' data, shall be maintained at the jobsite during construction of the protective system. After that time the data may be stored off the jobsite, but a copy of the data shall be made available to the Secretary upon request. 1926.652(c)(4) 'Option (4) - Design by a registered professional engineer. 1926.652(c)(4)(i) Support systems, shield systems, and other protective systems not utilizing Option 1, Option 2 or Option 3, above, shall be approved by a registered professional engineer. 1926.652(c)(4)(ii) 'Designs shall be in written form and shall include the following: 1926.652(c)(4)(ii)(A) 29 CFR Pt 1926, Subpt P. OSHA Std.doc Page 9 of 55 Garver Project No. 0296-3500(2) I A plan indicating the sizes, types, and configurations of the materials to be used in the protective system; and ' 1926.652(c)(4)(ii)(B) The identify of the registered professional engineer approving the design. ..1916.652 (c) (4) (iii) 1926.652(c)(4)(w) ' At least one copy of the design shall be maintained at the jobsite during construction of the protective system. After that time, the design may be stored off the jobsite, but a copy of the design shall be made available to the Secretary upon request. ' 1926.652(d) Materials and equipment. ' 1926.652(d)(1) Materials and equipment used for protective systems shall be free from damage or defects that might impair their proper function. 1926.652(4)(2) Manufactured materials and equipment used for protective systems shall be used and maintained in a manner that is consistent with the recommendations of the manufacturer, and in a manner that will prevent employee ' exposure to hazards. 1926.652(d)(3) ' When material or equipment that is used for protective systems is damaged, a competent person shall examine the material or equipment and evaluate its suitability for continued use. If the competent person cannot assure the material or equipment is able to support the intended loads or is otherwise suitable for safe use, then such material or equipment shall be removed from service, and shall be evaluated and approved by a registered professional engineer before being returned to service. 1926.652(e) ' Installation and removal of support - 1926.652(e)(1) General. 1926.652(e)(1)(i) Members of support systems shall be securely connected together to prevent sliding, falling, kickouts, or other ' predictable failure. ..1926.652(e) (1) (ii) 1926.652(e)(1)(ii) Support systems shall be installed and removed in a manner that protects employees from cave-ins, structural ' collapses, or from being struck by members of the support system. 1926.652(e)(1)(iu) Individual members of support systems shall not be subjected to loads exceeding those which those members were designed to withstand. 1926.652(e)(1)(iv) Before temporary removal of individual members begins, additional precautions shall be taken to ensure the safety of employees, such as installing other structural members to carry the loads imposed on the support system. ' 1926.652(e)(1)(v) Removal shall begin at, and progress from, the bottom of the excavation. Members shall be released slowly so as to note any indication of possible failure of the remaining members of the structure or possible cave-in of the sides of the excavation. 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 10 of 55 Garver Project No. 0296-3500(2) I 1926.652(e)(1)(vi) ' Backfilling shall progress together with the removal of support systems from excavations. ..1926.652(e)(2) 1926.652(e)(2) Additional requirements for support systems for trench excavations. ' 1926.652(e)(2)(i) Excavation of material to a level no greater than 2 feed (.61 m) below the bottom of the members of a support system shall be permitted, but only if the system is designed to resist the forces calculated for the full depth of the trench, and there are no indications while the trench is open of a possible loss of soil from behind or below the bottom of the support system. ' 1926.652(e)(2)(u) Installation of a support system shall be closely coordinated with the excavation of trenches. 1926.652(f) Sloping and benching systems. Employees shall not be permitted to work on the faces of sloped or benched excavations at levels above other employees except when employees at the lower levels are adequately protected from the hazard of falling, rolling, or sliding material or equipment. 1926.652(g) Shield systems - ' 1926.652(g)(1) General. ' 1926.652(g)(1)(i) Shield systems shall not be subjected to loads exceeding those which the system was designed to withstand. ' 1926.652(e)(1)(ii) Shields shall be installed in a manner to restrict lateral or other hazardous movement of the shield in the event of the application of sudden lateral loads. ' 1926.652(g)(1)(iii) Employees shall be protected from the hazard of cave-ins when entering or exiting the areas protected by shields. ' ..192 6.652 (g) (1) (i v) 1926.652(e)(1)(iv) Employees shall not be allowed in shields when shields are being installed, removed, or moved vertically. ' 1926.652(g)(2) Additional requirement for shield systems used in trench excavations. Excavations of earth material to a level not greater than 2 feet (.61 m) below the bottom of a shield shall be permitted, but only if the shield is 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 shield. I I Regulations (Standards - 29 CFR) 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page II of 55 Garver Project No. 0296-3500(2) I Soil Classification - 1926 Subpart P Apo A ' • Part Number: 1926 • Part Title: Safety and Health Regulations for Construction • Subpart: P • Subpart Title: Excavations ' • Standard Number: 1926 Subpart P App A • Title: Soil Classification (a) Scope and application - (1) Scope. This appendix describes a method of classifying soil and rock deposits based on site and environmental conditions, and on the structure and composition of the earth deposits. The appendix contains definitions, sets forth requirements, and describes acceptable visual and manual tests for use ' in classifying soils. (2) Application. This appendix applies when a sloping or benching system is designed in accordance with the requirements set forth in 1926.652(b)(2) as a method of protection for employees from cave-ins. This appendix ' also applies when timber shoring for excavations is designed as a method of protection from cave-ins in accordance with appendix C to subpart P of part 1926, and when aluminum hydraulic shoring is designed in accordance with appendix D. This Appendix also applies if other protective systems are designed and selected for use from data prepared in accordance with the requirements set forth in 1926.652(c), and the use of the data t is predicated on the use of the soil classification system set forth in this appendix. (b) Definitions. The definitions and examples given below are based on, in whole or in part, the following; American Society for Testing Materials (ASTM) Standards D653-85 and D2488; The Unified Soils Classification 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 particles are held together by a chemical agent, such as calcium carbonate, such that a hand -size sample ' cannot be crushed into powder or individual soil particles by finger pressure. "Cohesive soil" means clay (fine grained soil), or soil with a high clay ' content, which has cohesive strength. Cohesive soil does not crumble, can be excavated with vertical sideslopes, and is plastic when moist. Cohesive soil is hard to break up when dry, and exhibits significant cohesion when submerged. Cohesive soils include clayey silt, sandy clay, ' silty clay, clay and organic clay. "Dry soil" means soil that does not exhibit visible signs of moisture content. ' "Fissured" means a soil material that has a tendency to break along definite planes of fracture with little resistance, or a material that exhibits open cracks, such as tension cracks, in an exposed surface. "Granular soil" means gravel, sand, or silt (coarse grained soil) with little or no clay content. Granular soil has no cohesive strength. Some moist granular soils exhibit apparent cohesion. Granular soil cannot be molded when moist and crumbles easily when dry. "Layered system" means two or more distinctly different soil or rock t types arranged in layers. Micaceous seams or weakened planes in rock or shale are considered layered. "Moist soil" means a condition in which a soil looks and feels damp. ' Moist cohesive soil can easily be shaped into a ball and rolled into small diameter threads before crumbling. Moist granular soil that contains some cohesive material will exhibit signs of cohesion between particles. "Plastic" means a property of a soil which allows the soil to be deformed or molded without cracking, or appreciable volume change. "Saturated soil" means a soil in which the voids are filled with water. Saturation does not require flow. Saturation, or near saturation, is necessary for the proper use of instruments such as a pocket penetrometer 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 12 of 55 Garver Project No. 0296-3500(2) I I I 11 I I C1 Li Li I I I I I I H H or sheer vane. "Soil classification system" means, for the purpose of this subpart, a method of categorizing 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 characteristics of the deposits and the environmental conditions of exposure. "Stable rock" means natural solid mineral matter that can be excavated with vertical sides and remain intact while exposed. "Submerged soil" means soil which is underwater or is free seeping. "Type A" means cohesive soils with an unconfined, compressive strength of 1.5 ton per square foot (tsf) (144 kPa) or greater. Examples of cohesive soils are: clay, silty clay, sandy clay, clay loam and, in some cases, silty clay loam and sandy clay loam. Cemented soils such as caliche and hardpan are also considered Type A. However, no soil is Type A if: (i) The soil is fissured; or (ii) The soil is subject to vibration from heavy traffic, pile driving, or similar effects; or (iii) The soil has been previously disturbed; or (iv) The soil is part of a sloped, layered system where the layers dip into the excavation on a slope of four horizontal to one vertical (4H:1V) or greater; or (v) The material is subject to other factors that would require it to be classified as a less stable material. "Type B" means: (i) Cohesive soil with an unconfined compressive 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 compressive strength or cementation requirements for Type A, but is fissured or subject to vibration; or (v) Dry rock that is not stable; or (vi) Material that is part of a sloped, layered system where the layers dip into the excavation on a slope less steep than four horizontal to one vertical (4H:1V), but only if the material would otherwise be classified as Type B. "Type C" means: (i) Cohesive soil with an unconfined compressive strength of 0.5 tsf (48 kPa) or less; or (ii) Granular soils including gravel, sand, and loamy sand; or (iii) Submerged soil or soil from which water is freely seeping; or (iv) Submerged rock that is not stable, or (v) Material in a sloped, layered system where the layers dip into the excavation or a slope of four horizontal to one vertical (4H:lV) or steeper. "Unconfined compressive strength" means the load per unit area at which a soil will fail in compression. It can be determined by laboratory testing, or estimated in the field using a pocket penetrometer, by thumb penetration tests, and other methods. "Wet soil" means soil that contains significantly more moisture than moist soil, but in such a range of values that cohesive material will slump or begin to flow when vibrated. Granular material that would exhibit cohesive properties when moist will lose those cohesive properties when wet. 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 13 of 55 Garver Project No. 0296-3500(2) LI I I I I I C I L I I C CE C I I I (c) Requirements -(I) Classification of soil and rock deposits. Each soil and rock deposit shall be classified by a competent person as Stable Rock, Type A, Type B, or Type C in accordance with the definitions set forth in paragraph (b) of this appendix. (2) Basis of classification. The classification of the deposits shall be made based on the results of at least one visual and at least one manual analysis. Such analyses shall be conducted by a competent person using tests described in paragraph (d) below, or in other recognized methods of soil classification and testing such as those adopted by the American Society for Testing Materials, or the U.S. Department of Agriculture textural classification system. (3) Visual and manual analyses. The visual and manual analyses, such as those noted as being acceptable in paragraph (d) of this appendix, shall be designed and conducted to provide sufficient quantitative and qualitative 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 deposit, 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 reclassified as necessary to reflect the changed circumstances. (d) Acceptable visual and manual tests. - (1) Visual tests. Visual analysis is conducted to determine qualitative information regarding the excavation site in general, the soil adjacent to the excavation, the soil forming the sides of the open excavation, and the soil taken as samples from excavated material. (i) Observe samples of soil that are excavated 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 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 excavation and the surface area adjacent to the excavation. Crack -like openings such as tension cracks could indicate fissured material. If chunks of soil spall off a vertical side, the soil could be fissured. Small spalls are evidence of moving ground and are indications of potentially hazardous situations. (iv) Observe the area adjacent to the excavation and the excavation itself for evidence of existing utility and other underground structures, and to identify previously disturbed soil. (v) Observed the opened side of the excavation to identify layered systems. Examine layered systems to identify if the layers slope toward the excavation. Estimate the degree of slope of the layers. (vi) Observe the area adjacent to the excavation and the sides of the opened excavation 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 excavation 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 quantitative as well as qualitative properties of soil and to provide more information in order to classify soil properly. (i) Plasticity. Mold a moist or wet sample of soil into a ball and attempt to roll it into threads as thin as 1/8 -inch in diameter. Cohesive material can be successfully rolled into threads without crumbling. For example, if at least a two inch (50 mm) length of 1/8 -inch thread can be held on one end without tearing, the soil is cohesive. (ii) Dry strength. If the soil is dry and crumbles on its own or with moderate pressure into individual grains or fine powder, it is granular (any combination of gravel, sand, or silt). If the soil is dry and falls into clumps which break up into smaller clumps, but the smaller clumps can only be broken up with difficulty, it may be clay in any combination with gravel, sand or silt. If the dry soil breaks into clumps which do not break up into small clumps and which can only be broken with difficulty, and there is no visual indication the soil is fissured, the soil may be considered unfissured. (iii) Thumb penetration. The thumb penetration test can be used to estimate the unconfined compressive strength of cohesive soils. (This test is based on the thumb penetration 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; however, they can be penetrated by the thumb only with very great effort. Type C soils with an unconfined compressive strength of 0.5 tsf can be easily penetrated several inches by the thumb, I 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 14 of 55 Garver Project No. 0296-3500(2) I H I I and can be molded by light finger pressure. This test should be conducted on an undisturbed soil sample, such as a large clump of spoil, as soon as practicable after excavation to keep to a minimum the effects of exposure to drying influences. If the excavation is later exposed to wetting influences (rain, flooding), the classification of the soil must be changed accordingly. (iv) Other strength tests. Estimates of unconfined compressive strength of soils can also be obtained by use of a pocket penetrometer or by using a hand -operated shearvane. (v) Drying test. The basic purpose of the drying test is to differentiate between cohesive material with fissures, unfissured cohesive material, and granular material. The procedure for the drying test involves drying a sample of soil that is approximately one inch thick (2.54 cm) and six inches (15.24 cm) in diameter until it is thoroughly dry: (A) If the sample develops cracks as it dries, significant fissures are indicated. (B) Samples that dry without cracking are to be broken by hand. If considerable force is necessary to break a sample, the soil has significant cohesive material content. The soil can be classified as an unfissured cohesive material and the unconfined compressive strength should be determined. (C) If a sample breaks easily by hand, it is either a fissured cohesive material or a granular material. To distinguish between the two, pulverize the dried clumps of the sample by hand or by stepping on them. If the clumps do not pulverize easily, the material is cohesive with fissures. If they pulverize easily into very small fragments, the material is granular. Regulations (Standards - 29 CFR) Sloping and Benching - 1926 Subpart P App B ' • Part Number: 1926 • Part Title: Safety and Health Regulations for Construction • Subpart: P •' • Subpart Title: Excavations • Standard Number: 1926 Subpart P App B • Title: Sloping and Benching I J Li I Li u C I (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 benching protective systems is to be performed in accordance with the requirements set forth in 1926.652(b)(2). (b) Definitions. "Actual slope" means the slope to which an excavation face is excavated. "Distress" means that the soil is in a condition where a cave-in is imminent or is likely to occur. Distress is evidenced by such phenomena as the development of fissures in the face of or adjacent to an open excavation; the subsidence of the edge of an excavation; the slumping of material from the face or the bulging or heaving of material from the bottom of an excavation; the spalling of material from the face of an excavation; and ravelling, i.e., small amounts of material such as pebbles or little clumps of material suddenly separating from the face of an excavation and trickling or rolling down into the excavation. "Maximum allowable slope" means the steepest incline of an excavation face that is acceptable for the most favorable site conditions as protection against cave-ins, and is expressed as the ratio of horizontal distance to vertical rise (H:V). "Short term exposure" means a period of time less than or equal to 24 hours that an excavation is open. (c) Requirements - (1) Soil classification. Soil and rock deposits shall be classified in accordance with appendix A to subpart P of part 1926. (2) Maximum allowable slope. The maximum allowable slope for a soil or rock deposit shall be determined from Table B -I of this appendix. (3) Actual slope. (i) The actual slope shall not be steeper than the maximum allowable slope. (ii) The actual slope shall be less steep than the maximum allowable slope, when there are signs of distress. If that situation occurs, the slope shall be cut back to an actual slope which is at least 1/2 horizontal to one vertical (1/2H:I V) less steep than the maximum allowable slope. I 29 CFR Pt 1926, Subpt P. OSHA Std.doc Page 15 of 55 Garver Project No. 0296-3500(2) I (iii) When surcharge loads from stored material 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 accordance with 1926.651(i). (4) Configurations. Configurations of sloping and benching systems shall be in accordance with Figure B-1. TABLE B-1 ' MAXIMUM ALLOWABLE SLOPES SOIL OR ROCK TYPE I MAXIMUM ALLOWABLE SLOPES (H:V)(1) FOR II EXCAVATIONS LESS THAN 20 FEET DEEP(3) I STABLE ROCK I VERTICAL (90 Deg.) TYPE A (2) 1 3/4:1 (53 Deg.) • TYPE B 1 1:1 (45 Deg.) • TYPE C I 1 1/2:1 (34 Deg.) ' Footnote(1) Numbers shown in parentheses next to maximum allowable slopes are angles expressed in degrees from the horizontal. Angles have been rounded off. Footnote(2) A short-term maximum allowable slope of 1/2H:1V (63 degrees) ' is allowed in excavations in Type A soil that are 12 feed (3.67 m) or less in depth. Short-term maximum allowable slopes for excavations greater than 12 feet (3.67 m) in depth shall be 3/4H:1V (53 degrees). I Footnote(3) Sloping or benching for excavations greater than 20 feet deep shall be designed by a registered professional engineer. Figure B-1 - Slope Configurations (All slopes stated below are in the horizontal to vertical ratio) B - 1.1 Excavations made in Type A soil. 1. All simple slope excavation 20 feet or less in depth shall have a maximum allowable slope of 3/4:1. ' 20' Mat. / F1 ' 3/4 Figure B-1.1 a ' SIMPLE SLOPE — GENERAL Exception: Simple slope excavations which are open 24 hours or less (short term) and which are 12 feet or less in depth shall have a maximum allowable slope of 1/2:1. 1 C ' 12' ltax. 12 Figure B-1. lb ' SIMPLE SLOPE - SHORT TERM 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 16 of 55 Garver Project No. 0296-3500(2) 2. All benched excavations 20 feet or less in depth shall have a maximum allowable slope of 3/4 to I and maximum bench dimensions as follows: I 3/4 20Max. i i i Figure B-l.lc SIMPLE BENCH I ' 20' Max. ' 0 A I 5' do Max. r 3/4 4' Max. ' i Figure B- L l d MULTIPLE BENCH 3. All excavations 8 feet or less in depth which have unsupported vertically sided lower portions shall have a maximum vertical side of 3 1/2 feet. I t 8' Max. 3/4 1 (A01%. Figure B -1.1e UNSUPPORTED VERTICALLY SIDED LOWER PORTION - MAXIMUM 8 FEET IN DEPTH) All excavations more than 8 feet but not more than 12 feet in depth with unsupported vertically sided lower 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 17 of 55 Garver Project No. 0296-3500(2) I 1 portions shall have a maximum allowable slope of 1:1 and a maximum vertical side of 3 1/2 feet. n I I I I L 1 Li Li I I C I I Figure B 1.I f UNSUPPORTED VERTICALLY SIDED LOWER PORTION - MAXIMUM 12 FEET IN DEPTH) All excavations 20 feet or less in depth which have vertically sided lower portions that are supported or shielded shall have a maximum allowable slope of 3/4:1. The support or shield system must extend at least 18 inches above the top of the vertical side. SuDoott or shield s st 20' Poi. 3/4 18" Min. Total height of vertical side Figure B -1.1g SUPPORTED OR SHIELDED VERTICALLY SIDED LOWER PORTION) 4. All other simple slope, compound slope, and vertically sided lower portion excavations shall be in accordance with the other options permitted under 1926.652(b). B - 1.2 Excavations Made in Type B Soil 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 18 of 55 Garver Project No. 0296-3500(2) 1. All simple slope excavations 20 feet or less in depth shall have a maximum allowable slope of!:!. I 1 I 1 20Has. 1 Figure B -1.2a SIMPLE SLOPE 2. All benched excavations 20 feet or less in depth shall have a maximum allowable slope of 1:1 and maximum bench dimensions as follows: This bench allowed in cohesive soil only. 20'1 Max A l i 111 Nax. • i Figure B -1.2b SINGLE BENCH This botch allowed is cohesive soil only �r^ i 20' Max. 1 !q_x� / 4' Max. I' Figure B -1.2c MULTIPLE BENCH 3. All excavations 20 feet or less in depth which have vertically sided lower portions shall be shielded or 29 CFR Pt 1926, Subpt P. OSHA Std.doc Page 19 of 55 Garver Project No. 0296-3500(2) I supported to a height at least l8 inches above the top of the vertical side. All such excavations shall have a maximum allowable slope oft:!. n Ii F Ii Support or shield uysten I 2Q llex, _ l \ Figure B -1.2d 18" Yin. Cu! height of vercirst side VERTICALLY SIDED LOWER PORTION 4. All other sloped excavations shall be in accordance with the other options permitted in 1926.652(b). B - 1.3 Excavations Made in Type C Soil 1. All simple slope excavations 20 feet or less in depth shall have a maximum allowable slope of 1 1/2:1. • rS Figure B -1.3a SIMPLE SLOPE L II F I ' 2. All excavations 20 feet or less in depth which have vertically sided lower portions shall be shielded or ' 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 20 of 55 Garver Project No. 0296-3500(2) supported to a height at least 18 inches above the top of the vertical side. All such excavations shall have a maximum allowable slope of 1 1/2:1. Support or shield system 20' Kax. S" Sin. at height of vercirel side Figure B-L3b VERTICAL SIDED LOWER PORTION 3. All other sloped excavations shall be in accordance with the other options permitted in 1926.652(b). B - 1.4 Excavations Made in Layered Soils 1. All excavations 20 feet or less in depth made in layered soils shall have a maximum allowable slope for each layer as set forth below. A Figure B -1.4a B OVER A A Figure B-1.46 C OVER A t 3/» 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 21 of 55 Garver Project No. 0296-3500(2) I 11 1 B , • ' F Figure B-L4c COVERB 1 - ' a �t Figure B -1.4d A OVER B 1 • t4 1's Figure B -1.4e A OVER C • iy t4 • Figure B -1.4f B OVER C 2. All other sloped excavations shall be in accordance with the other options permitted in 1926.652(b). 29 CFR Pt 1926, Subpt P. OSHA Std.doc Page 22 of 55 Garver Project No. 0296-3500(2) I Regulations (Standards - 29 CFR) Timber Shoring for Trenches - 1926 Subpart P App C H H I L L L L L L L H I I J J Li • Part Number: 1926 • Part Title: Safety and Health Regulations for Construction • Subpart: P • Subpart Title: Excavations • Standard Number: 1926 Subpart P App C • Title: Timber Shoring for Trenches (a) Scope. This appendix contains information that can be used when timber shoring is provided as a method of protection from cave-ins in trenches that do not exceed 20 feet (6.1 m) in depth. This appendix must be used when design of timber shoring protective systems is to be performed in accordance with 1926.652(c)(1). Other timber shoring configurations; other systems of support such as hydraulic and pneumatic systems; and other protective systems such as sloping, benching, shielding, and freezing systems must be designed in accordance with the requirements set forth in 1926.652(b) and 1926.652(c). (b) Soil Classification. In order to use the data presented in this appendix, the soil type or types in which the excavation is made must first be determined using the soil classification method set forth in appendix A of subpart P of this part. (c) Presentation of Information. Information is presented in several forms as follows: (1) Information is presented in tabular form in Tables C-1.1, C-1.2 and C-1.3, and Tables C-2.1, C-2.2 and C- 2.3 following paragraph (g) of the appendix. Each table presents 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 the excavation is made. The data are arranged to allow the user the flexibility to select from among several acceptable configurations of members based on varying the horizontal spacing of the crossbraces. Stable rock is exempt from shoring requirements and therefore, no data are presented for this condition. (2) Information concerning the basis of the tabular data and the limitations of the data is presented in paragraph (d) of this appendix, and on the tables themselves. (3) Information explaining the use of the tabular data is presented in paragraph (e) of this appendix. (4) Information illustrating the use of the tabular data is presented in paragraph (f) of this appendix. (5) Miscellaneous notations regarding Tables C-1.1 through C-1.3 and Tables C -2.l through C-2.3 are presented in paragraph (g) of this Appendix. (d) Basis and limitations of the data. - (1) Dimensions of timber members. (i) The sizes of the timber members listed in Tables C-1.1 through C-1.3 are taken from the National Bureau of Standards (NBS) report, "Recommended Technical Provisions for Construction Practice in Shoring and Sloping of Trenches and Excavations." In addition, where NBS did not recommend specific sizes of members, member sizes are based on an analysis of the sizes required for use by existing codes and on empirical practice. (ii) The required dimensions of the members listed in Tables C-1.1 through C-1.3 refer to actual dimensions and not nominal dimensions 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 1926.652(c)(3), and are referred to The Corps of engineers, The Bureau of Reclamation or data from other acceptable sources. (2) Limitation of application. (i) It is not intended that the timber shoring specification apply to every situation that may be experienced in the field. These data were developed to apply to the situations that are most commonly experienced in current trenching practice. Shoring systems for use in situations that are not covered by the data in this appendix must be designed as specified in 1926.652(c). (ii) When any of the following conditions are present, the members specified in the tables are not considered adequate. Either an alternate timber shoring system must be designed or another type of protective system designed in accordance with 1926.652. (A) When loads imposed by structures or by stored material adjacent to the trench weigh in excess of the load imposed by a two -foot soil surcharge. The term "adjacent" as used here means the area within a horizontal distance from the edge of the trench equal to the depth of the trench. (B) When vertical loads imposed on cross braces exceed a 240 -pound gravity load distributed on a one -foot section of the center of the crossbrace. (C) When surcharge loads are present from equipment weighing in excess of 20,000 pounds. (D) When only the lower portion of a trench is shored and the remaining portion of the trench is sloped or L 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 23 of 55 Garver Project No. 0296-3500(2) L r C I C I I I J n r I benched unless: The sloped portion is sloped at an angle less steep than three horizontal to one vertical; or the members are selected from the tables for use at a depth which is determined from the top of the overall trench, and not from the toe of the sloped portion. (e) Use of Tables. The members of the shoring system that are to be selected using this information are the cross braces, the uprights, and the wales, where wales are required. Minimum sizes of members are specified for use in different types of soil. There are six tables of information, two for each soil type. The soil type must first be determined in accordance with the soil classification system described in appendix A to subpart P of part 1926. Using the appropriate table, the selection of the size and spacing of the members is then made. The selection is based on the depth and width of the trench where the members are to be installed and, in most instances, the selection is also based on the horizontal spacing of the crossbraces. Instances where a choice of horizontal spacing of crossbracing is available, the horizontal 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 are known, the size and vertical spacing of the crossbraces, the size and vertical spacing of the wales, and the size and horizontal spacing of the uprights can be read from the appropriate table. (f) Examples to Illustrate the Use of Tables C-l.l through C-1.3. (1) Example 1. A trench dug in Type A soil is 13 feet deep and five feet wide. From Table C- 1.1, for acceptable arrangements of timber can be used. Arrangement #1 Space 4X4 crossbraces at six feet horizontally and four feet vertically. Wales are not required. Space 3X8 uprights at six feet horizontally. This arrangement is commonly called "skip shoring." Arrangement #2 Space 4X6 crossbraces at eight feet horizontally and four feet vertically. Space 8X8 wales at four feet vertically. Space 2X6 uprights at four feet horizontally. Arrangement #3 Space 6X6 crossbraces at 10 feet horizontally and four feet vertically. Space 8X10 wales at four feet vertically. Space 2X6 uprights at five feet horizontally. Arrangement #4 Space 6X6 crossbraces at 12 feet horizontally and four feet vertically. Space 10X10 wales at four feet vertically. Space 3X8 uprights at six feet horizontally. ' 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 24 of 55 Garver Project No. 0296-3500(2) I (2) Example 2. IA trench dug in Type B soil is 13 feet deep and five feet wide. From Table C-1.2 three acceptable arrangements of members are listed. Arrangement #1 ' Space 6X6 crossbraces at six feet horizontally and five feet vertically. ' Space 8X8 wales at five feet vertically. Space 2X6 uprights at two feet horizontally. ' Arrangement #2 Space 6X8 crossbraces at eight feet horizontally and five feet vertically. ' Space 10X10 wales at five feet vertically. Space 2X6 uprights at two feet horizontally. ' Arrangement #3 Space 8X6 crossbraces at 10 feet horizontally and five feet vertically. Space 10X12 wales at five feet vertically. ' Space 2X6 uprights at two feet vertically. (3) Example 3. ' A trench dug in Type C soil is 13 feet deep and five feet wide. From Table C-1.3 two acceptable arrangements of members can be used. ' Arrangement #1 Space 8X8 crossbraces at six feet horizontally and five feet vertically. Space 10X12 wales at five feet vertically. ' Position 2X6 uprights as closely together as possible. If water must be retained use special tongue and groove uprights to form ' tight sheeting. Arrangement #2 ' Space 8X10 crossbraces at eight feet horizontally and five feet vertically. ' Space 12X12 wales at five feet vertically. 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 25 of 55 Garver Project No. 0296-3500(2) n I Position 2X6 uprights in a close sheeting configuration unless water ' pressure must be resisted. Tight sheeting must be used where water must be retained. (4) Example 4. IA trench dug in Type C soil is 20 feet deep and 11 feet wide. The size and spacing of members for the section of trench that is over 15 feet in depth is determined using Table C-1.3. Only one arrangement of members is provided. Space 8X10 crossbraces at six feet horizontally and five feet vertically. Space 12X12 wales at five feet vertically. Use 3X6 tight sheeting. Use of Tables C-2.1 through C-2.3 would follow the same procedures. (g) Notes for all Tables. 1. Member sizes at spacings other than indicated are to be determined as specified in 1926.652(c), "Design of Protective Systems." 2. When conditions are saturated or submerged use Tight Sheeting. Tight Sheeting refers to the use of specially - edged timber planks (e.g., tongue and groove) at least three inches thick, steel sheet piling, or similar construction that when driven or placed in position provide a tight wall to resist the lateral pressure of water and Ito prevent the loss of backfill material. Close Sheeting refers to the placement of planks side -by -side allowing as little space as possible between them. 3. All spacing indicated is measured center to center. 4. Wales to be installed with greater dimension horizontal. ' 5. If the vertical distance from the center of the lowest crossbrace to the bottom of the trench exceeds two and one-half feet, uprights shall be firmly embedded or a mudsill shall be used. Where uprights are embedded, the vertical distance from the center of the lowest crossbrace to the bottom of the trench shall not exceed 36 inches. ' When mudsills are used, the vertical distance shall not exceed 42 inches. Mudsills are wales that are installed at the tow of the trench side. 6. Trench jacks may be used in lieu of or in combination with timber crossbraces. 7. Placement of crossbraces. When the vertical spacing of crossbraces is four feet, place the top crossbrace no ' more than two feet below the top of the trench. When the vertical spacing of crossbraces is five feet, place the top crossbrace no more than 2.5 feet below the top of the trench. I I I I I I I ' 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 26 of 55 Garver Project No. 0296-3500(2) I1 I I I I I I I I 7 I I I I I I I TABLE C-1.1 TIMBER TRENCH SHORING -- MINIMUM TIMBER REQUIREMENTS * SOIL TYPE A P(a) = 25 X H + 72 psf (2 ft Surcharge) DEPTH I OF I I I HORIZ.I TRENCH I SPACING I I I I (FEET)I (FEET)I SIZE (ACTUAL) AND SPACING OF MEMBERS •* CROSS BRACES WIDTH OF TRENCH (FEET) I VERT. I SPACING UP TO UP TO 6 UP TO I UP TO 9 1 12 UP TO 1 15 1 (FEET) UP TO I I I I I I 1 6 I 4X4 14X4 14X6 I 6X6 I 6X6 1 4 5 1 1 1 1 1 1 1 TO I I UP TO I I I I I I I I I I I 1 8 I 4X4 14X4 14X6 I 6X6 I 6X6 I 4 10 1 1 1 1 I 1 1 I I I I I I I I UP TO I I I I I I I 10 1 4X6 14X6 I 14X6 I 6X6 I I 6X6 I 4 I I UP TO I I I I I I I I I I I I 12 1 4X6 14X6 16X6 I 6X6 I 6X6 1 4 I I UP TO I I I I I I 6 1 4X4 14X4 14X6 I 6X6 I 6X6 1 4 10 I I 1 1 I I I I UP TO I I I I I I 1 8 I 4X6 14x6 16x6 I 6x6 I 6X6 I 4 TO I I I I I I I I UP TOI I I I I I 1 10 6X6 16X6 1 6X6 I 6X8 I 6XB 1 4 15 I I I I I I I I 1 UP TO I I I I I I 1 12 1 6X6 16X6 16X6 I 6XB I 6X8 I 4 1 1 1 1 1 1 1 I UP TO I I I I I I I 6 I 6X6 16x6 16x6 1 6x8 I 6X8 I 4 15 I I I I I I 1 I I I UP TO I I I I I I I 8 I 6X6 16X6 16X6 I 6X8 I 6X8 I 4 TO I I I I I I I I UP TO I I I I I 1 I 10 1 8X8 18X8 I BXB I BX8 I 8X101 4 20 I I I I I I I I I I UP TO I I I I I I 1 12 1 8X8 18X8 18X8 I 8X8 I 8X10 1 4 I I I I 1 OVER I SEE NOTE 1 20 1 1 ' 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 27 of 55 Garver Project No. 0296-3500(2) I I I I I I I I I I I I I C C I TABLE C-1.1 TIMBER TRENCH SHORING -- MINIMUM TIMBER REQUIREMENTS * SOIL TYPE A P(a) a 25 X H + 72 psf (2 ft Surcharge) [Continued] SIZE (ACTUAL) AND SPACING OF MEMBERS DEPTH I I I WALES I UPRIGHTS OF I I I I I TRENCHI I VERT. I MAXIMUM ALLOWABLE HORIZONTAL SPACING I ISPACINGI (FEET) I SIZE I I I I I I I I (FEET)I (IN) I(FEET) I CLOSE I 4 I 5 I 6 I 8 I I I I I I I Not I I I I I I I Req'd I --- I I I I 2X6 I 5 1 I I I I I I I I I TO I Not I I I I I I I Req'd I--- I I 1 I I 2X8 I I I I 10 I I I I I I I I I I I I I I 8x8 I 4 I I I 2X6 I I I I I I I I I I I 1 I I I I I I I 1 8X8 1 4 1 1 I I 2X6 I I I I I I I I I Not I I I I I I I Req'd I --- I I I I 3X8 I I I I I I I I 10 I I I I I I I I I I I I I I I 8X8 1 4 I 12X6 I I I I I I I I I I TO I I I I I I I I I I I I I I I 8X10 1 4 I I I 2X6 I I I I I I I I 15 I I I I 1 I I I I 1 1 I I 1 10X10 1 4 1 I I I 3X8 I I I I I I I I I I I 6X8 I 4 13X6 I I I I I I I I 15 I I I I I I I I I I I I I I 1 8x8 1 4 13X6 I I I I I I I I I TO I I I I I I I I I I I I I I I 8X10 I 4 13X6 I I I I I I I 20 I I I I 1 I I I I I I I I I 1 10X10 I 4 13X6 I I I I I I I OVER I SEE NOTE 1 20 1 I Mixed oak or equivalent with a bending strength not, less than 850 psi. ** Manufactured members of equivalent strength may be substituted for wood. ' 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 28 of 55 Garver Project No. 0296-3500(2) I ' TABLE C-1.2 TIMBER TRENCH SHORING -- MINIMUM TIMBER REQUIREMENTS SOIL TYPE B Na) = 45 X H + 72 psf (2 ft Surcharge) I SIZE (ACTUAL) AND SPACING OF MEMBERS ** DEPTH I I CROSS BRACES OF I 1 I 11 Ti I H 1J I J I J 'J I H I I I HORIZ.I WIDTH OF TRENCH (FEET) I I VERT. TRENCHISPACINGI I SPACING I I I I I I I I I UP TO I UP TO I UP TO I UP TO I UP TO I (FEET)I (FEET)I 4 I 6 I 1 9 I I 12 I 15 I 1 (FEET) I I I I I I UP TO I 1 6 I 4X6 14X6 16X6 I 6X6 I 6X6 I 5 5 1 I I I TO I I UP TO 1 I I I I I I I 8 I 6X6 16X6 16X6 I 6X8 I 6X8 I 5 I 10 1 I I I I 1 1 I I UP TO I I I I I I 1 10 I 6X6 16X6 16X6 I I 6X8 I I 6X8 I I 5 1 I I See 1 I I I I i t I I I I I Note 11 I I I I 1 I I I I I 1 1 1 UP TO I 1 6 I 6X6 1 6X6 1 6X6 I 6X8 I 6X8 I 5 10 I I I I I I I 1 UP TO I I I I I I I 8 I 6X8 16X8 1 6X8 1 8X8 I 8X8 1 5 TO 1 1 1 1 I I I I UP TO I I I I I I 1 10 1 BXB 1 8X8 18X8 I BX8 I 8x10 I 5 15 I I 1 1 I I I I 1 See I 1 I I I I I I 1 I I Note 11 I I I I 1 1 I I UP TO I I I I I 6 1 6X8 16X8 16X8 I 8X8 I 8X8 I 5 15 I 1 I I I I I I UP TO I I I I I I I 8 I 8X8 1 8X8 18X8 I BXB I 8X10 1 5 TO I I I 1 1 1 I I UP TO I I I I I 1 10 I 8X10 18X10 18X10 I 8x10 110x10 I 5 20 I I I I I I I I I I_ 1 See I I I I I I I I I I I Note 11 I I I I I I SEE NOTE 1 OVER 20 I ' 29 CFR Pt 1926, Subpt P. OSHA Std.doc Page 29 of 55 Garver Project No. 0296-3500(2) I ' TABLE C-1.2 TIMBER TRENCH SHORING -- MINIMUM TIMBER REQUIREMENTS * ' SOIL TYPE B P(a) = 45 X H + 72 psf (2 ft Surcharge) [Continued) 'I SIZE (ACTUAL) AND SPACING OF MEMBERS ** DEPTH I I I WALES I UPRIGHTS OF I I TRENCHI I VERT. I MAXIMUM ALLOWABLE HORIZONTAL SPACING SPACINGI (FEET) ' SIZE I I I I I I I I (FEET) I (IN) I (FEET) I CLOSE I 2 I 3 I I 1 1 1 I 1 I I 1 I I I 6X8 I 5 I I I 2X6 I I 5 I I I I I I 1 I TO I I I I I 1 I II 8X10 1 5 I I 1 2X6 I I 10 I 1 1 1 1 I I I 1 I 1 I I 1 ' 110X10 1 5 I I 2X6 I I I 1 1 I I I I 1 1 I 1 I I I I 1 1 1 I 1 I I 1 I 1 1 I II I I I I 1 I I 1 I I 1 I 1 8X8 I 5 I I 2X6 I I I I I 10 1 I I I I I I I I I 1 1 1 1 110X10 1 5 I I 2X6 I I I I I TO I 1 1 I 1 1 1 II 1 1 1 I I I 1 10X12 I 5 1 1 2X6 I I 1 15 1 I I I I 1 I I I I I I 1 I I I I I I I I 1 I I I I 1 I 1 axial 5 1 3X6 I I 1 I II I I I I I I 15 I I I I I I 1 I I 1 1 I 1 10X12 1 5 1 3X6 I I I I 1 1 1 1 I TOI I I I 1 I I I I I 1 I 1 112X12 1 5 1 3X6 I I I I ' 20 1 1 I I 1 I 1 I I 1 I I 1 I I I I I OVER I SEE NOTE 1 ' 20 I * Mixed oak or equivalent with a bending strength not less than 850 psi. ** Manufactured members of equivalent strength may be substituted for wood. 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 30 of 55 Garver Project No. 0296-3500(2) I TABLE C-1.3 TIMBER TRENCH SHORING -- MINIMUM TIMBER REQUIREMENTS SOIL TYPE C P(a) m 80 X H + 72 psf (2 ft Surcharge) I SIZE (ACTUAL) AND SPACING OF MEMBERS ** DEPTH I CROSS BRACES OF II I I HORIZ.I WIDTH OF TRENCH (FEET) I VERT. TRENCHISPACINGI I SPACING I I I I I I I I I UP TO I UP TO I UP TO I UP TO I UP TO I (FEET)1 (FEET)I 4 I 6 I 9 I 12 1 15 I (FEET) I UP TOI I I I I I I6 I 6X8 16X8 16X8 I 8X8 I 8X8 I 5 5 I I I I I I I I I TO I UP TO I I I I I I I 8 1 8X8 18x8 18x8 I 8X8 1 8x10 1 5 I I I I I I I 10 I 1 I I I I I I UP TO I I I I I I 1 10 I 8X10 18X10 I BX10 I 8X10 110X10 I 5 I I I I I I I II I I I I I See I I I I I I I Note 11 I I I I I I I UP TOII I I I I 6 I 8X8 18X8 I BXB I BXB I 8X10 I 5 1 10 1 I 1 I I I I I UP TO I I I 8 I 8X10 18X10 18X10 I 8X10 110X10 I 5 I I I I TO 1 I I I I I I I See I I I I I I I Note 11 I 1 I 1 1 I 15 I I I I 1 I I I See I I I I I I I Note 11 I I I 1 1 I I I I I UP TO I I I I I I 1 6 I 8X10 18X10 18X10 I 8X10110X101 10X10 1 5 15 I I I I I I I I See I I I I I I I Note 11 1 1 1 1 I I TOI I I I I I I See I I I I I I I Note 11 I 1 I I I I I 20 I I I I 1 I I I Noe I I 1 1 I I Note 11 I I I 1 I 1 OVER I SEE NOTE 1 201 I 1 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 31 of 55 Garver Project No. 0296-3500(2) TABLE C-1.3 TIMBER TRENCH SHORING -- MINIMUM TIMBER REQUIREMENTS * SOIL TYPE C P(a) = 80 X H + 72 psf (2 ft Surcharge) [Continued] SIZE (ACTUAL) AND SPACING OF MEMBERS ** DEPTH I I L I Li u I I Li I L L I I WALES UPRIGHTS OF I 1 I I I TRENCHI I VERT. I MAXIMUM ALLOWABLE HORIZONTAL SPACING I ISPACINGI (FEET) I SIZE I I I I I I I I I (FEET)I (IN) ((FEET) I CLOSE I I I I I I I I I I I I I 8X10 I 5 1 2X6 I I I I 5 I I I I I I I I I I TO I I I I I I I 110X12 I 5 12X6 I I I I I I 10 I I I I I I I I I I I I I I 112x12 I 5 12X6 I I I I I I I I I I I I I I I I I I I I I I I I I I I I 110X12 I 5 12X6 I I I I I I I I I I I 10 I I I I I I I I I I I I I I 112X12 1 5 1 2X6 I I I I I I I TO I I I I I I I I I I I I I I I I I I I I 15 I I I I I I I I I I I I I I I I I I I I I I I I I I 112x12 I 5 13X6 I I I I I 15 I I I I I I I I I I I I I I I I I I I I I I TO I I I I I I I I I I I I I I I I I 20 I I I I I I I I I I I I I I I I OVER I SEE NOTE 1 20 I I * Mixed oak or equivalent with a bending strength not less than 850 psi. ** Manufactured members of equivalent strength may be substituted for wood. ' 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 32 of 55 Garver Project No. 0296-3500(2) LJ I L L LI I I I J I I I J TABLE C-2.1 TIMBER TRENCH SHORING -- MINIMUM TIMBER REQUIREMENTS * SOIL TYPE A Na) = 25 X H + 72 psf (2 ft Surcharge) I I SIZE (545) AND SPACING OF MEMBERS I DEPTH I I OF I I I HORIZ.I TRENCH I I SPACING I UP TO (FEET)I 1 (FEET)I I 4 I UP TO I 1 6 I 4X4 5 1 I TO I I UP TO I I B I 4X4 I 10 I I I UP TO I 1 I 10 I 4X6 I I I UP TO I 1 12 I 4X6 UP TO I 6 1 4X4 I I 10 I I UP TO I I B I 4X6 I TO I I I UP TO I I 10 I 6X6 CROSS BRACES I WIDTH OF TRENCH (FEET) I VERT. UP TO 6 5K 4X4 4X6 4X6 4X4 I UP TO I I I 12 I 6X6 I 6X6 I I_ UP TO I I I6 I 6X6 I 6X6 I_ 15 I I I ItiPTOl I I 8 I 6X6 I 6X6 I I TO I I I I UP TO I I 1 10 I 6X6 I 6X6 I I_ 20 I I I UP 20 I I I 12 I 6X6 I 6X6 I I I VER I SEE NOTE 1 20 I SPACING I I UP TO I I UP TO I I UP TO I I 9 I 1 12 1 15 I (FEET) I I 4X4 I I 4X4 I I I 4X6 I 4 I I I 4X4 I I I I 4X6 I I I I 4X6 I 4 I I 14X6 I I I I 6X6 I I I 6X6 1 I 4 I I I 4X6 I I I 6X6 I I I I I I 6X6 I I 4 I I 4X4 I I 6X6 I I I 6X6 I 4 I I 4X6 I I I 6X6 I I I 6X6 1 4 1 6X6 I I I 6X6 I I I I I 6X6 1 4 I I 1 6X6 I I I 6X6 I I I I I 6X6 I 4 I 16X6 1 6X6 I I I I 6X6 I 4 I I I 6X6 I I I 6X6 I I I I I I 6X6 1 I 4 I I 1 6X6 I I I 6X6 I I I I I I 6X8 1 I 4 I I I 6X6 I I I I 6X8 I I I I 6X8 1 1 1 4 ' 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 33 of 55 Garver Project No. 0296-3500(2) I I I II n I H I I 1. I I,H I I [1 TABLE C-2.1 TIMBER TRENCH SHORING -- MINIMUM TIMBER REQUIREMENTS * SOIL TYPE A P(a) = 25 X H + 72 psf (2 ft Surcharge) [Continued] SIZE (545) AND SPACING OF MEMBERS ** DEPTH I I WALES I UPRIGHTS OF I I TRENCHI I I I VERT. I MAXIMUM ALLOWABLE HORIZONTAL SPACING I ISPACINGI (FEET) SIZE I I (FEET)I (IN) I I I(FEET) I CLOSE 1 4 I I 5 I I I 6 I 8 Not I I I I I I I I Not I I I Req'd I Req'd I I ( I 4X6 1 5 1 I 1 I 1 1 1 1 TO I Not I 1 I Not I 1 I 1 1 I I I I I Req'd I Req'd I I I I I 4X8 10 I 1 I I I I I I 8X8 I I I 4 I I 1 1 I 4X6 I I I I 1 I BX8 1 I 1 I 1 4 1 I I I I I 1 1 I I 1 4X6 I Not 1 1 1 I 1 I I I I I Not I I I Req'd I Req'd I I I I 4X10 I I 10 I I I 1 I I I I I I 6X8 I I I 4 I I 14X6 I I I I I I TO I 1 I I 1 i I I I I 8X8 I I I 4 I I I 1 I 4X8 I 1 I I I 15 I I I I 1 I I 1 1 I I 1 I 1 I 8X10 I 1 I 4 I I I 1 4X6 1 I 1 I I 4X10 I I 1 6X8 I I I 4 1 3X6 I I I I I I 15 1 1 I 1 1 1 1 8X8 1 1 1 4 13X6 I 14x12 I 1 I I I TO I I I 1 1 I I I I 8X10 I 1 1 4 1 3X6 I I I I I I I 20 1 1 1 I 1 1 I I 1 I 8X12 I I 4 1 1 3X6 1 I 4x12 I 1 I I I OVER I SEE NOTE 1 20 I * Douglas fir or equivalent with a bending strength not less than 1500 psi. ** Manufactured members of equivalent strength may be substituted for wood. ' 29 CFR Pt 1926, Subpt P. OSHA Std.doc Page 34 of 55 Garver Project No. 0296-3500(2) I I I r TABLE C-2.2 TIMBER TRENCH SHORING -- MINIMUM TIMBER REQUIREMENTS ' SOIL TYPE B P(a) = 45 X H + 72 psf (2 ft Surcharge) I SIZE (S4S) AND SPACING OF MEMBERS DEPTH I I CROSS BRACES OF I I I I I HORIZ.I WIDTH OF TRENCH (FEET) I VERT. TRENCHISPACINGI SPACING I I I I I I I IUPTOItJPTOIUPTQIUPTOIUPTOI (FEET)I (FEET)I 4 I 6 I 9 I 12 1 15 1 (FEET) 1 1 I 1 I UP TO I I I I I I I 6 1 4X6 14X6 14X6 I 6X6 I 6X6 I 5 5 I I I I I I II I I I I I TO I UP TO I I I I I I 1 8 I 4X6 14X6 16X6 I 6X6 I 6X6 I 5 10 I I I I I I I I UP TO I I I I I I I 10 1 4X6 14X6 16X6 I 6X6 I 6X8 I 5 1 1 1 I I I I I 1 See I I I I I I I Note 11 I I I I I I UP TO I I I I I I I6 I 6X6 16X6 16X6 I 6X8 I 6X8 I 5 I I 10 I I I I I I I I UP TO I I I 1 1 I I 8 1 6X8 16X8 16X8 I 8X8 I 8X8 I 5 I I I I I I TO I I I I I I I I UP TO I I I I I I 1 10 1 6X8 16X8 18X8 I 8X8 I BX8 I 5 I I I I I I I 15I I I I I I I I I I I I I I 1 See I I I 1 I I I Note 11 1 1 1 1 1 I I I I I I I UP TO I I I I I I 1 6 1 6X8 16X8 1 6X8 1 6X8 I 8X8 I 5 1 15 I I I I I I I I UP TO I I I I I I I B I 6X6 16X8 16X8 I 8X8 I 6X8 I 5 1 TO I I I I I I I I ❑PTO I I I I I I 1 10 1 8X8 18X8 18X8 1 8X8 1 8X8 I 5 I I I I I I I 20 1 I I I 1 I 1 II I I I I I I See I I I I I I I Note 11 I I I 1 I 1 1 1 1 1 OVER I SEE NOTE 1 20 1 ' 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 35 of 55 Garver Project No. 0296-3500(2) I I I H H I I I I I I I C TABLE C-2.2 TIMBER TRENCH SHORING -- MINIMUM TIMBER REQUIREMENTS SOIL TYPE B P(a) = 45 X H + 72 psf (2 ft Surcharge) (Continued] SIZE (S4S) AND SPACING OF MEMBERS '• DEPTH I I I WALES I UPRIGHTS OF I TRENCHI I I I VERT. I MAXIMUM ALLOWABLE HORIZONTAL SPACING I ISPACINGI (FEET) I SIZE I I I (FEET)) (IN) I I I(FEET) I CLOSE I I 2 I I I I 3 1 I I I I I I I 3X121 I I I I I I 6X8 I 5 I I I 4X8 I 14X12 5 1 I I I TO I I I I I I I I I I I I I 8X8 I 5 I I 3X8 I I 4X8 10 I I I I I I I I I I I I I 8X10 I I I 5 I I I I I I I 4X8 I I I I I I I I I I I I I I I 8X8 I I I 3X6 I I I I I I I I I I I I I I 1 I 5 I I I 4X10 10 I I I I I I I I 110X10 I I I 5 1 3X6 I I 4X10 I I I I I I I TO I I I I I I I I I 110X12 I I I 5 I 3X6 I I 4X10 I I I I I I 15 I I I I I I I I I I I I I I I I I I I I I I I I I 8x10 I I 1 5 14X6 I I I 15 I I I I I I I I I I 110X12 I I I 5 14X6 I I I I I I I I I TO I I I I I I I I I I 12X12 I I I 5 14X6 I I I I I I I I 20 I I I I I I I I I I I I I I I I I OVER I SEE NOTE 1 20 I * Douglas fir or equivalent with a bending strength not less than 1500 psi. Manufactured members of equivalent strength may be substituted for wood. ' 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 36 of 55 Garver Project No. 0296-3500(2) I Li I I F I I I H I C I F I I L_J TABLE C-2.3 TIMBER TRENCH SHORING -- MINIMUM TIMBER REQUIREMENTS * SOIL TYPE C P(a) = 80 X H + 72 psf (2 ft Surcharge) SIZE (S4S) AND SPACING OF MEMBERS ** DEPTH I I CROSS BRACES OF I I HORIZ.I WIDTH OF TRENCH (FEET) I VERT. TRENCHISPACINGI I I I SPACING I I I I I I I UP TO I UP TO I UP TO I UP TO I UP TO I (FEET)1 (FEET)I 4 I 6 I 9 I I I 12 I I 15 I (FEET) I I I I I I UP TO I I I I I I 6 I 6X6 16X6 16X6 I 6X6 I 8X8 I 5 5 I I TO I I UP TO I I I I I I I I I I 8 I 6X6 16X6 16X6 I 8X8 I 8X8 I 5 10 I I I I I I I I UP TO I I I I I I I 10 I 6X6 16X6 I 18X8 I 8X8 I 8X8 1 5 I 1 I See I I I I I I I I I I I I Note 11 I I I I I I 1 I UP TO I I 1 1 1 I 6 1 6X8 1 6x8 1 6X8 I 8X8 I 8XB I 5 10 1 I 1 I I 1 I 1 1 UP TO I I I I I I I 8 1 8X8 18X8 18XB 1 8X8 1 8X8 1 5 TO 1 1 1 I I I I I See I I I 1 I I I Note 11 I I I 1 I 15 I 1 I I I See I I I I I I Note 11 I I I I I I I UP TO I I i I I 1 6 18X8 18XB 1 8X8 18X10 1 8X10 I 5 15 I I 1 I 1 I 1 I 1 See I I 1 1 1 I Note 11 1 I I 1 I TO 1 I 1 1 1 1 1 I See I I I I I I I Note 11 I I 1 1 I 20 1 I 1 I 1 1 1 See I I I I I I I Note 11 I 1 1 I I SEE NOTE 1 OVER I 20 I ' 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 37 of 55 Garver Project No. 0296-3500(2) TABLE C-2.3 TIMBER TRENCH SHORING -- MINIMUM TIMBER REQUIREMENTS * SOIL TYPE C P(a) = 80 X H + 72 psf (2 ft Surcharge) (Continued) 1 SIZE (S4S) AND SPACING OF MEMBERS DEPTH I I I WALES I UPRIGHTS OF I II I TRENCHI I VERT. I MAXIMUM ALLOWABLE HORIZONTAL SPACING 1 ISPACINGI (FEET) I SIZE I I II I I I I I (FEET) I (IN) I (FEET) I CLOSE I I I1 I I I I I I I I 1 8X8 I 5 13X6 I I I I 5 I I I I I I I I I I I I I TO I I I I I I I 110x10 I 5 13X6 I I I I I I I I I I 10I I I 1 I I I I I I I I I I 110X12 I 5 13x6 I I I I I I I I I II I I I I I I I I I I I I I I I I I I I I I I II I I I I I 110X10 I 5 14x6 I I I I I I 10 I I I I I I I I I I I I I 112X12 I 5 14X6 I I I I I I TO I I I I I I I I I I I I I I I I I I I I 15 I I I I I I I I I I I I I I I I I I I I I 1 I I I I II I I I I I 110X12 I 5 1 4X6 I I I I I I 15 I I I I I I I I I I I I I I I I I I I I I I I I I TO I I I I I I I I I I I I I I 1 I I I I I I I I I I I 20 I I I I I I I II I I I I I I I I I I I I I I OVER I SEE NOTE 1 20 1 I Douglas fir or equivalent with a bending strength not less than 1500 psi. ** Manufactured members of equivalent strength may be substituted for wood. 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 38 of 55 Garver Project No. 0296-3500(2) I I I El I n H I I r r I Regulations (Standards - 29 CFR) Aluminum Hydraulic Shoring for Trenches - 1926 Subpart P App D • Part Number: 1926 • Part Title: Safety and Health Regulations for Construction • Subpart: P • Subpart Title: Excavations • Standard Number: 1926 Subpart P App D • Title: Aluminum Hydraulic Shoring for Trenches (a) Scope. This appendix contains information that can be used when aluminum hydraulic shoring is provided as a method of protection against cave-ins in trenches that do not exceed 20 feet (6.1m) in depth. This appendix must be used when design of the aluminum hydraulic protective system cannot be performed in accordance with 1926.652(c)(2). (b) Soil Classification. In order to use data presented in this appendix, the soil type or types in which the excavation is made must first be determined using the soil classification method set forth in appendix A of subpart P of part 1926. (c) Presentation of Information. Information is presented in several forms as follows: (1) Information is presented in tabular form in Tables D-1.1, D-1.2, D -l.3 and D-1.4. Each table presents the maximum vertical and horizontal spacings that may be used with various aluminum member sizes and various hydraulic cylinder sizes. Each table contains data only for the particular soil type in which the excavation or portion of the excavation is made. Tables D-1.1 and D-1.2 are for vertical shores in Types A and B soil. Tables D-1.3 and D-1.4 are for horizontal water systems in Types B and C soil. (2) Information concerning the basis of the tabular data and the limitations of the data is presented in paragraph (d) of this appendix. (3) Information explaining the use of the tabular data is presented in paragraph (e) of this appendix. (4) Information illustrating the use of the tabular data is presented in paragraph (f) of this appendix. (5) Miscellaneous notations (Footnotes) regarding Table D-1.1 through D-1.4 are presented in paragraph (g) of this appendix. (6) Figures, illustrating typical installations 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 Modulus requirements in the D -I Tables. Aluminum material is 6061-T6 or material of equivalent strength and properties. (2) Hydraulic cylinders specifications. (i) 2 -inch cylinders shall be a minimum 2 -inch inside diameter with a minimum safe 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 manufacturer. (ii) 3 -inch cylinders shall be a minimum 3 -inch inside diameter with a safe working capacity of not less than 30,000 pounds axial compressive load at extensions as recommended by product manufacturer. (3) Limitation of application. (i) It is not intended that the aluminum hydraulic specification apply to every situation that may be experienced in the field. These data were developed to apply to the situations that are most commonly experienced in current trenching practice. Shoring systems for use in situations that are not covered by the data in this appendix must be otherwise designed as specified in 1926.652(c). (ii) When any of the following conditions are present, the members specified in the Tables are not considered adequate. In this case, an alternative aluminum hydraulic shoring system or other type of protective system must be designed in accordance with 1926.652. (A) When vertical loads imposed on cross braces exceed a 100 Pound gravity load distributed on a one foot section of the center of the hydraulic cylinder. (B) When surcharge loads are present from equipment weighing in excess of 20,000 pounds. (C) When only the lower portion of a trench is shored and the remaining portion of the trench is sloped or I 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 39 of 55 Garver Project No. 0296-3500(2) I H I I CI I I [ii I I I I C G I benched unless: The sloped portion is sloped at an angle less steep than three horizontal to one vertical; or the members are selected from the tables for use at a depth which is determined from the top of the overall trench, and not from the toe of the sloped portion. (e) Use of Tables D-1.1, D-1.2, D-1.3 and D-1.4. The members of the shoring system that are to be selected using this information are the hydraulic cylinders, and either the vertical shores or the horizontal wales. When a waler system is used the vertical timber sheeting to be used is also selected from these tables. The Tables D-1.1 and D-1.2 for vertical shores are used in Type A and B soils that do not require sheeting. Type B soils that may require sheeting, and Type C soils that always require sheeting, are found in the horizontal wale Tables D-1.3 and D- 1.4. The soil type must first be determined in accordance with the soil classification system described in appendix A to subpart P of part 1926. Using the appropriate table, the selection of the size and spacing of the members is made. The selection is based on the depth and width of the trench where the members are to be installed. In these tables the vertical spacing is held constant at four feet on center. The tables show the maximum horizontal spacing of cylinders allowed for each size of wale in the waler system tables, and in the vertical shore tables, the hydraulic cylinder horizontal spacing is the same as the vertical shore spacing. (t) Example to Illustrate the Use of the Tables: (1) Example 1: A trench dug in Type A soil is 6 feet deep and 3 feet wide. From Table D-1.1: Find vertical shores and 2 inch diameter cylinders spaced 8 feet on center (o.c.) horizontally and 4 feet on center (o.c.) vertically. (See Figures I & 3 for typical installations.) (2) Example 2: A trench is dug in Type B soil that does not require sheeting, 13 feet deep and 5 feet wide. From Table D-1.2: Find vertical shores and 2 inch diameter cylinders spaced 6.5 feet o.c. horizontally and 4 feet o.c. vertically. (See Figures 1 & 3 for typical installations.) (3) A trench is dug in Type B soil that does not require sheeting, but does experience some minor raveling of the trench face. the trench is 16 feet deep and 9 feet wide. From Table D-1.2: Find vertical shores and 2 inch diameter cylinder (with special oversleeves as designated by Footnote #2) spaced 5.5 feet o.c. horizontally and 4 feet o.c. vertically. Plywood (per Footnote (g)(7) to the D-1 Table) should be used behind the shores. (See Figures 2 & 3 for typical installations.) (4) Example 4: A trench is dug in previously disturbed Type B soil, with characteristics of a Type C soil, and will require sheeting. The trench is 18 feet deep, and 12 feet wide 8 foot horizontal spacing between cylinders is desired for working space. From Table D-1.3: Find horizontal wale with a section modulus of 14.0 spaced at 4 feet o.c. vertically and 3 inch diameter cylinder spaced at 9 feet maximum o.c. horizontally, 3 x 12 timber sheeting is required at close spacing vertically. (See Figure 4 for typical installation.) (5) Example 5: A trench is dug in Type C soil, 9 feet deep and 4 feet wide. Horizontal cylinder spacing in excess of 6 feet is desired for working space. From Table D-1.4: Find horizontal wale with a section modulus of 7.0 and 2 inch diameter cylinders spaced at 6.5 feet o.c. horizontally. Or, find horizontal wale with a 14.0 section modulus and 3 inch diameter cylinder spaced at 10 feet o.c. horizontally. Both wales are spaced 4 feet o.c. vertically, 3 x 12 timber sheeting is required at close spacing vertically. (See Figure 4 for typical installation.) (g) Footnotes, and general notes, for Tables D-1.1, D-1.2, D-1.3, and D-1.4. (1) For applications other than those listed in the tables, refer to 1926.652(c)(2) for use of manufacturer's tabulated data. For trench depths in excess of 20 feet, refer to 1926.652(c)(2) and 1926.652(c)(3). (2) 2 inch diameter cylinders, at this width, shall have structural steel tube (3.5 x 3.5 x 0.1875) oversleeves, or structural oversleeves of manufacturer's specification, extending the full, collapsed length. (3) Hydraulic cylinders capacities. (i) 2 -inch cylinders shall be a minimum 2 -inch inside diameter with a safe working capacity of not less than 18,000 pounds axial compressive load at maximum extension. Maximum extension is to include full range of cylinder extensions as recommended by product manufacturer. (ii) 3 -inch cylinders shall be a minimum 3 -inch inside diameter with a safe work capacity of not less than 30,000 pounds axial compressive load at maximum extension. Maximum extension is to include full range of cylinder extensions as recommended by product manufacturer. (4) All spacing indicated is measured center to center. (5) Vertical shoring rails shall have a minimum section modulus of 0.40 inch. (6) When vertical shores are used, there must be a minimum of three shores spaced equally, horizontally, in a group. (7) Plywood shall be 1.125 inch thick softwood or 0.75 inch thick, 14 ply, arctic white birch (Finland form). Please note that plywood is not intended as a structural member, but only for prevention of local raveling I 29 CFR Pt 1926, Subpt P. OSHA Std.doc Page 40 of 55 Garver Project No. 0296-3500(2) (sloughing of the trench face) between shores. (8) See appendix C for timber specifications. (9) Wales are calculated for simple span conditions. (10) See appendix D, item (d), for basis and limitations of the data. ALUMINUM HYDRAULIC SHORING TYPICAL INSTALLATIONS Figure No. 1 - Vertical aluminum hydraulic shoring (spot bracing) FIGURE NO.1 VERTICAL ALUMINUM HYDRAULIC SHORING (SPOT BRACING) HORIZONTAL SPACING VERTICAL RAIL 18" MAX. HYDRAULIC CYLINDER VERTICAL SPACING 2' MAX. 29 CFR Pt 1926, Subpt P. OSHA Std.doc Page 41 of 55 Garver Project No. 0296-3500(2) I 1 Figure No. 2 - Vertical aluminum hydraulic shoring (with plywood) ' FIGURENO.2 VERTICAL ALUMINUM HYDRAULIC SHORING (WITH PLYWOOD) HORIZONTAL SPACING I /// VERTICAL RAIL HYDRAULIC CYLINDER ' r �' r ■ • PLYWOOD 18" MAX. • ■ Ii.■ U VERTICAL ' • ' SPACING ■ ■ ■ ' a: 4' MAX. ■ r r r ■ 2' MAX. r r 1 1 1 1 ' 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 42 of 55 Garver Project No. 0296-3500(2) I ' Figure No. 3 - Vertical aluminum hydraulic shoring (stacked) FIGURE NO.3 VERTICAL ALUMINUM HYDRAULIC SHORING (STACKED) HORIZONTAL ' SPACING • • ■ ■ rfl PA, ' ■ ■ 1 ■ ■ ■ ■ ' VERTICAL SPACING ■ ' ■ VERTICAL RAIL ■ ■ HYDRAULIC �� CYLINDER ' 4MAX ■ 1 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 43 of 55 Garver Project No. 0296-3500(2) • H ' Figure No. 4 - Aluminum hydraulic shoring - Waler System (typical) ' FIGURE No.4 UPRIGHT HYDRAULIC SHORING SHEETING ALUMINUM WALER SYSTEM (TYPICAL) HORIZONTAL SPACING ' WALE '/ : HYDRAULIC a U CYLINDER • 2' MAX. • 1 • ■ ■ ■ ■ I. / 4! ' ■ VERTICAL ■ SPACING it V. t r: 4' MAX. ■ ■ 1 I 1 1 • 29 CFR Pt 1926, Subpt P. OSHA Std.doc Page 44 of 55 Garver Project No. 0296-3500(2) TABLE D - 1.1 ' ALUMINUM HYDRAULIC SHORING VERTICAL SHORES FOR SOIL TYPE A I HYDRAULIC CYLINDERS I I DEPTH I MAXIMUM I MAXIMUM I WIDTH OF TRENCH (FEET) OF I HORIZONTAL I VERTICAL TRENCH I SPACING I SPACING I I I I I I UP TO 8 I OVER 8 I OVER 12 (FEET) I (FEET) I (FEET) I I UP TO 12 1 UP TO 15 I I I II I I I I OVER I I I I I 5 I 8 I I I UP TO I I I I I ' 10 I I I I I I I I I I I I I I OVER I I 1 I ' 10 I 8 I 4 2 INCH 2 INCH 13 INCH UP TO I I I DIAMETER I DIAMETER I DIAMETER 15 I I I I NOTE(2) I II I I •I I I I I I OVER I I I I I 15 I 7 I I I ' UP TO I I I I 20 I I I I I I ' I OVER 20 NOTE (1) Footnotes to tables, and general notes on hydraulic shoring, are found in Appendix D, Item (g) Note(1) : See Appendix D, Item (g) (1) Note(2) : See Appendix D, Item (g) (2) 1 1 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 45 of 55 Garver Project No. 0296-3500(2) TABLE D - 1.2 ' ALUMINUM HYDRAULIC SHORING VERTICAL SHORES FOR SOIL TYPE B I HYDRAULIC CYLINDERS I I ' DEPTH I MAXIMUM MAXIMUM I WIDTH OF TRENCH (FEET) OF I HORIZONTAL I VERTICAL I TRENCH I SPACING I SPACING I I I II I P UP TO 8 I OVER 8 I OVER 12 (FEET) I (FEET) I (FEET) I I UP TO 12 I UP TO 15 I I 1 I I I I OVER I I I I I 5 I 8 I I I I UP TO I I I I I ' 10 I I I I I I I I I I I I I I OVER I I I I I ' 10 I 6.5 I 4 12 INCH I 2 INCH I 3 INCH UP TO I I I DIAMETER I DIAMETER I DIAMETER 15 I I I NOTE(2) I ' I I I I I I I I I I OVER I I 15 1 5.5 I I I I ' UP TO I 20 1 I I I I I I I I I OVER 20 I NOTE(1) ' Footnotes to tables, and general notes on hydraulic shoring, are found in Appendix D, Item (g) Note(1): See Appendix D, Item (g)(1) Note(2): See Appendix D, Item (g)(2) 1 1 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 46 of 55 Garver Project No. 0296-3500(2) I I I TABLE D - 1.3 ALUMINUM HYDRAULIC SHORING WALER SYSTEMS FOR SOIL TYPE B II WALES I HYDRAULIC CYLINDERS I I I I I I I DEPTH IVERTICALI I WIDTH OF TRENCH (FEET) OF ISPACING ISECTIONI I ' TRENCH I IMODULUSI I I I I I UP TO B 1 OVER 8 UP TO 12 I I I I I I I I I I I II I I HORIZ I CYLINDER I HORIZ I CYLINDER I (FEET) I (FEET) I(IN(3))I SPACING I DIAMETER I SPACING I DIAMETER I I I I I I I I 1 1 3.5 1 8.0 1 2 IN I 8.0 1 2 IN I OVER I I I I I I NOTE (2) I I 5 I 4 I I I 1 I 1 I 7.0 I 9.0 1 2 IN 1 9.0 I 2 IN I ' UP TO I I I I I NOTE (2) I I I I I I 10 I I I I I I I I 114.0 I 12.0 I 3 IN I 12.0 I 3 IN I I I I I I I I I I I I I I 3.5 I 6.0 I 2 IN I 6.0 I 2 IN OVER I I I I I I NOTE (2) I I I I '• 10 I 4 I I I I 7.0 I 8.0 I 3 IN I 8.0 I 3 IN I UP TO I I I I I I I I ' 15 I I I I I I 114.0 I 10.0 I 3 IN I 10.0 I 3 IN I I I I I I I I I I 3.5 I 5.5 I 2 IN I 5.5 I 2 IN I ' OVER I I III I NOTE (2) 1 I I 15 I 4 I I I I I I I I 7.0 I 6.0 I 3 IN I 6.0 I 3 IN I ' UP TO I I I I I I I I I I 20 I I I I I I I 1 14.0 1 9.0 1 3 IN I 9.0 I 3 IN I I I I I I I I OVER I I 20 1 NOTE (1) I I I I I J ' 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 47 of 55 Garver Project No. 0296-3500(2) ■ L. I L. TABLE D - 1.3 ALUMINUM HYDRAULIC SHORING . WALER SYSTEMS FOR SOIL TYPE B (Continued) I_. I WALES I HYDRAULIC CYLINDERS I TIMBER UPRIGHTS I I I I I I I I WIDTH OF TRENCH I MAX. HORIZ SPACING DEPTH (VERTICAL( " I (FEET) I (ON CENTER) L OF (SPACING ISECTIONI I TRENCH I IMODULUSI I I I I I I OVER 12 UP TO 15 I I 1 I I I I I [ I I I I (SOLIDI 2 FT 1 3 FT I I I HORIZ I CYLINDER ISHEETI I (FEET) I (FEET) I(I11(3))! SPACING I DIAMETER I I I 1 I I I I I L, I I I 1 I I I I I 3.5 I 8.0 I 3 IN I I I OVER I I I i I I I I I I I I I I 5 I 4 I I I I I [ I 1 7.0 1 9.0 I 3 IN ---I--- 13x12 UP TO I I ( I I I I I I I I I 10 I I I I I I I I 1 14.0 I 12.0 I 3 IN I I I I I_II I I I I I I I II I 3.5 I 6.0 I 3 IN I I I OVER I I I I I I I L I 1 I I I I 1 10 I 4 I I I I I 1 1 7.0 1 8.0 I 3 IN I--- 13x12 I --- UP TO 1 1 i I I I I U 1 1 I I I I I 15 1 1 I I I I 1 14.0 1 10.0 1 3 IN I I I I_I 1 I 1 1 1 I I LI 1 I 3.5 I 5.5 1 3 IN I I 1 OVER I I I I I I I II I 1 I I I . 15 1 4 I I I 7.0 I 6.0 I 3 IN I3x121 I--- UPTOTO I I I I I I I I I 1 1 I 20 I I 1 1 1 1 1 I 1 14.0 1 9.0 I 3 IN I I I OVER 1 20 1 NOTE (1) Footnotes to tables, and general notes on hydraulic shoring, are found in Appendix D, Item (g) Note(1): See Appendix D, Item (g)(1) Note(2) : See Appendix D, Item (g)(2) * Consult product manufacturer and/or qualified engineer for Section �LL�■1 Modulus of available wales. U 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 48 of 55 Garver Project No. 0296-3500(2) C I LI 71 I I H H I I P I ii I L G TABLE D - 1.4 ALUMINUM HYDRAULIC SHORING WALER SYSTEMS FOR SOIL TYPE C I WALES I I HYDRAULIC CYLINDERS I I I DEPTH I I IVERTICALI I * I WIDTH OF TRENCH (FEET) I OF (SPACING ISECTIONI I TRENCH I IMODULUSI I I I I I I I UP TO 8 1 OVER 8 UP TO 12 I I I I I I I HORIZ I I CYLINDER I I I HORIZ I I CYLINDER (FEET) I (FEET) I (IN(3))I I SPACING I DIAMETER I SPACING I I DIAMETER I I 3.5 I I 6.0 I I 2 IN I I 6.0 I I I 2 IN I OVER I I I I I I NOTE (2) I 5 I I 4 I I I I I I I 7.0 I 6.5 I 2 IN I 6.5 1 2 IN UP TO I I I I I I NOTE (2) I 10 I I I I I I I I I 14.0 I 10.0 I 3 IN I 10.0 I 1 I 3 IN I I I I 3.5 I I 4.0 I I 2 IN I I 4.0 I 2 IN I OVER I I I I I I NOTE (2) 1 10 I 4 I I I I I I I 1 7.0 1 5.5 I 3 IN I 5.5 I 3 IN I UP TO I I I I I I 15 I I I 1 I I I 1 14.0 I 1 I 8.0 I 3 IN 1 8.0 I 3 IN I I I I I I 3.5 I I 3.5 I I 2 IN I I 3.5 I I I 2 IN I OVER I I I I I I NOTE (2) I 15 I I I 4 I I I I I I I I 7.0 I 5.0 I 3 IN I 5.0 I 3 IN I UP TO I I I I I I I 20 I I I I I I I 1 I I I 114.0 I I 6.0 I 3 IN I 6.0 I 3 IN I I OVER I I I 20 I NOTE (1) I ' 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 49 of 55 Garver Project No. 0296-3500(2) I II TABLE D - 1.4 ALUMINUM HYDRAULIC SHORING WALER SYSTEMS FOR SOIL TYPE C [Continued] I WALES I HYDRAULIC CYLINDERS I TIMBER UPRIGHTS I I I I II I WIDTH OF TRENCH I MAX. HORIZ SPACING DEPTH IVERTICALI I (FEET) I ION CENTER) OF ISPACING ISECTIONI I TRENCH I IMODOLUSI I1 I II I OVER 12 UP TO 15 I I I I I I I I I I I I ISOLIDI 2 FT 1 3 FT I I HORIZ I CYLINDER ISHEETI I (FEET) I (FEET) I(IN(3))I SPACING I DIAMETER I I I I II I I I I I I I 3.5 1 6.0 I 3 IN I I I OVER I I I I I I I 1 I I I I 1 I 5 I 4 I I I I I 1 I 1 7.0 1 6.5 I 3 IN 13x12 I -- I -- UP TO I I I I I I II I 1 I 1 I 10 I I I I I I I 1 1 14.0 1 10.0 1 3 IN I I I I ___ II I I 1 I I I 1 II 3.5 1 4.0 I 3 IN I I I OVER I I I I I I I I I I I 10 1 4 I I 1 1 I I I 1 7.0 1 5.5 I 3 IN 13x12 I--- I --- UP TO I I I 1 I 1 I I I 15 I I I I I I I I 1 14.0 1 8.0 I 3 IN I I I I I 1 I 1 1 I 3.5 1 3.5 I 3 IN I I I OVER I I I I I I I II I I 1 15 I 4 I 1 I I I 1 I I 7.0 I 5.0 I 3 IN 13x121 --- I-- - UP TO I I I I I I I I I 20 1 I I I I I I I 19.0 I 6.0 I 3 IN I I I I I_I____ 1 OVER I 20 I NOTE (1) L I Ci Footnotes to tables, and general notes on hydraulic shoring, are found in Appendix D, Item (g) Note(l) : See Appendix D, Item (g)(1) Note(2): See Appendix D, Item (g)(2) ' Consult product manufacturer and/or qualified engineer for Section Modulus of available wales. ' 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 50 of 55 Garver Project No. 0296-3500(2) Li I Regulations (Standards - 29 CFRI Alternatives to Timber Shoring - 1926 Subpart P App E • Part Number: • • Part Title: •• Subpart: • Subpart Title: I. Standard Number: • Title: L-1 I L 1 I J J I I u II I I 1926 Safety and Health Regulations for Construction P Excavations 1926 Subpart P App E Alternatives to Timber Shoring Alternatives to Timber Shoring Figure 1 - Aluminum Hydraulic Shoring 18• MA VERTI SPACII n VERTICAL RAIL )RAULIC CYLINDER Figure 1. Aluminum Hydraulic Shoring Figure 2 - Pneumatic/hydraulic Shoring Figure 2. Pneumaticlhydralic Shoring 29 CFR Pt 1926, Subpt P. OSHA Std.doc Page 51 of 55 Garver Project No. 0296-3500(2) Figure 3 - Trench Jacks (Screw Jacks) Figure 3. Trench Jacks (Screw Jacks) Figure 4. Trench Shields Figure 4 - Trench Shields 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 52 of 55 Garver Project No. 0296-3500(2) I I Regulations (Standards - 29 CFR) Selection of Protective Systems - 1926 Subpart P App F • Part Number: • Part Title: ' Subpart: • Subpart Title: • Standard Number: • Title: I I I I I I I I I n I 1926 Safety and Health Regulations for Construction P Excavations 1926 Subpart P App F Selection of Protective Systems The following figures are a graphic summary of the requirements contained in subpart P for excavations 20 feet or less in depth. Protective systems for use in excavations more than 20 feet in depth must be designed by a registered professional engineer in accordance with 1926.652(b) and (c). I I I Is the excavation more I I than 5 feet in depth? I I I NO I YES Is there potential I I I Is the excavation I for cave-in? NO YES entirely in I stable rock? I I I I YES Excavation may be made I with vertical sides. I I Excavation must be sloped, shored, or shielded. Sloping I Shoring or shielding I selected. selected. I I I I I I Go to Figure 2 FIGURE 1 - PRELIMINARY DECISIONS Go to Figure 3 t29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 53 of 55 Garver Project No. 0296-3500(2) I I Sloping selected as the I method of protection I I I Will soil classification I be made in accordance I with Sec. 1926.652(b)? YES I NO Excavation must comply with one of the following three options: Option 1: Sec. 1926.652(b)(3) which requires Appendices A and B to be followed Option 2: Sec. 1926.652(b)(3) which requires other tabulated data (see definition to be followed. Option 3: I Sec. 1926.652(b)(4) which I requires the excavation to I be designed by a registered I professional engineer. I I I Excavations must comply I with Sec. 1926.652(b)(1) I which requires a slope I I of 1 1/2 H:1V (34 deg.). I FIGURE 2 - SLOPING OPTIONS 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 54 of 55 Garver Project No. 0296-3500(2) Ii I-] 1 I I I I 1 I I n I I n 11 Ii I I I Shoring or shielding selected I as the method of protection. I I I Soil Classification is required when shoring or shielding is used. The excavation must comply with one of the following four options: Option 1 Sec. 1926.652(c)(1) which requires Appendices A and C to be followed (e.g. timber shoring). Option 2 Sec. 1926.652(c)(2) which requires manufacturers data to be followed (e.g. hydraulic shoring, trench jacks, air shores, shields). Option 3 Sec. 1926.652(c)(3) which requires tabulated data (see definition) to be followed (e.g. any system as per the tabulated data). Option 4 Sec. 1926.652(c)(4) which requires the excavation to be designed by a registered professional engineer (e.g. any designed system). FIGURE 3 - SHORING AND SHIELDING OPTIONS ' 29 CFR Pt 1926, Subpt P, OSHA Std.doc Page 55 of 55 Garver Project No. 0296-3500(2) City of Fayetteville Staff Review Form City Council Agenda Items Contracts N/A for Mayors Approval City Council Meeting Date 70/13 /d$ REeEID X60/ r.00T A 2 8JI05 ATTORNEYS Q�CE r' wr, r # I Sid Norbash .X.X4\"Engineering Operations Submitted By Division Department Action Required: Approval of the Final Reconciliation Change Order #1 to the contract with Kimbel Plumbing, Inc. in the amount of $27,798.98 for Accelerated Waterline Replacements Project Phase II. $27,798.98 Cost of this request 5400-5600-5808-00 Account Number 02125-20 Project Number Budgeted Item �X Project Contingency $54,891 Category/Project Budget $6,500 Funds Used to Date $48,391 Remaining Balance Budget Adjustment Attached Accelerated Water Line Replacements Project Phase II Program Category I Project Name Water & sewer Improvements Pro ram I Project Category Name Water & Sewer Fund Name Previous Ordinance or Resolution # I 154-04 _SDiLr Date Original Contract Date: 10/5/2004 l�_ D 0 Original Contract Number: 977 'G✓� City Attorne Received in City Clerk's Office Fina ce a d Internal Service Director Date Received in Mayor's Office (ENTERED Mavnr• i Date Item Requiring Mayor's Approval To: Mayor Dan Coody Thru: Gary Dumas, Director of Operatipfis > David Jurgens, Interim Water & Wtcwater Director Ron Petrie, City Engineer 0Q From: Sid Norbash, Staff Engineer .V Date: October 4, 2005 Re: Accelerated Waterline Replacements Phase II Change Order #1 & Final Reconciliation RECOMMENDATION Staff recommends approval of the Reconciliation Change Order in the amount of $27,798.98. BACKGROUND This project has been Phase 1I of Accelerated Waterline Replacements. It included S. College and vicinity, and Lewis Ave. waterline replacements. This project was completed last May, however due to the request of the Meter Division certain improvements were proposed that involves a cluster of meters and boxes for an apartment complex on Lewis Ave. The contractor was asked to furnish a price for this and some other extra work. The performance of this extra work was delayed due to unavailability of the special meter boxes needed. The delivery of these items took approximately three months. The completion of this project was also further delayed due to my illness and subsequent medical leave. During the course of the construction certain changes were necessitated that affected the cost of this project as follows: Increase in the bid items quantity ...............$37,350.00 Decrease in the bid items quantity ............... $22,775.00 Resulting Increase in the cost of contract ......$14,575.00 Additional requested items by Staff.............$12,923.06 Net Increase in the Cost of Contract ............. $27,798.98 These changes arc listed in detail on the attached change order form, and they were either necessitated by the field conditions or requested by City Staff for additional improvements to the existing water system facilities. BUDGET IMPACT Project Contingency approved by City Council ...... $54,891.00 Used to date ................................................ $ 6,500.00 Balance available for this Change Order .............. $48,391.00 SN/sn Attachment: Copy of Resolution 154-04 Final Reconciliation Change Order RESOLUTION NO. 154-04 A RESOLUTION AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $365,945.00 TO KIMBEL PLUMBING, INC. FOR THE ACCELERATED WATER LINE REPLACEMENT PROJECT PHASE II; AND APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF $54,891.00 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 in the amount of $365,945.00 to Kimbel Plumbing, Inc. for the Accelerated Water Line Replacement Project Phase H. A copy of the contract, marked Exhibit "A" is attached hereto and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas, hereby approves a Project Contingency in the amount of $54,891.00 for same. PASSED and APPROVED this 5th day of October 2004. ATTEST: By: gIMUlI , p APPRO Nre I aK/TRtr.,,'� I. ik:'p\TY OA. 9 -pe • :FAYETTEVILLE: - By: :sue DAN COO SONDRA SMITH, City Clerk Pagel of1 Construction Contract Change Order Final Change Order Project: Accelerated Waterline Replacement - Work Order 2 Garver Job No. 0296-3500 Change Order No. I & Final Reconciliation Date Prepared: October 4. 2005 Owner: City of Bentonville 117 W. Central Bentonville. AR 72712 Contractor: Kimbcl Plumbing 1678 E. Joyce Blvd Fayetteville, AR 72703 Description of Work Included in Contract This Change Order reconciles all quantity overruns and undenuns and adds additional work items not urUuded in original bid. Changes and Reasons Ordered (List Individual Changes as: A. B. C, D, etc.) 1.13 Revised Quantity -these items were in the Original Contract. 14-26 New Items - As directed by the City. Contract Changes Bid item No Bid Item Descnption Original Estimated Quantity Unit of Meas. Contract Unit Price Revised Estimated Quantity Revised Unit Price Original Estimated Cost Revised Estimated Cost 1 1 8" PVC C-900 DR -14 Waterline 2760 LF 548.00 2810 $48.00 $132,480.00 $134,880.00 2 2 6" PVC C-900 DR -14 Waterline 120 LF $44.00 70 $44.00 $5,280.00 $3,080.00 3 14 2Polyethylene Service Line 25 LF $100.00 160 $100.00 $2,500.00 $16,000.00 4 15 1' Polyethylene Service Line 700 LF $80.00 790 $80.00 $56,000.00 $63,200.00 5 22 Permanent ACHM Pavement Repair 1925 SY $10.00 1275 $10.00 $19,250.00 $12,750.00 6 23 Permanent Concrete Pavement Repair 150 SY $90.00 275 $90.00 $13,500.00 $24,750.00 7 26 Water Meter Box 35 EA $80.00 40 $80.00 $2.800.00 $3,200.00 8 27 Water Meter Lid 29 EA $50.00 31 $50.00 $1,450.00 $1,550.00 9 28 Adjust Existing Meter Location 7 EA $250.00 9 $250.00 $1,750.00 $2,250.00 10 30 4" Concrete sidewalk 25 SY $115.00 0 $115.00 $2,875.00 $0.00 11 31 Y Concrete Curb and Gutter 85 LF $20.00 0 $20.00 $1,700.00 $0.00 12 32 6' Concrete Curb 500 LF $19.00 0 $19.00 $9,500.00 $0.00 13 35 Maintenance of Traffic I LS $16.000.00 1.125 $16,000.00 $16,000.00 $18,000.00 New Items This Change Order 14 2" Brass Sall Valve - Threaded 0 LS $0.00 1 $26.27 $0.00 $26.27 15 2" CTS X 2" MPT Compression Adaptor 0 LS $0.00 2 $75.23 $0.00 $150.46 16 2" CTS Compression Tee wll' MPT Tap 0 LS $0.00 12 $73.30 $0.00 $879.60 17 2" CTS Compression Wye *12-V Outlets 0 LS $0.00 1 $63.46 $0.00 $63.46 18 2' CTS Stainless Steel Stiffener 0 LS $0.00 39 $2.40 $0.00 $93.60 19 1" CTS Stainless Steel Stiffener for MAC Adaptor 0 LS $0.00 39 $1.21 $0.00 $47.19 20 1' CTS X 1" MPT Male Adaptor 0 LS $0.00 26 $8.62 $0.00 $224,12 21 Meter Box Extension -6" 0 LS $0.00 2 $8.71 $0.00 $17.42 22 14" Pressure Reducing Valve 0 LS $0.00 24 $100.00 $0.00 $2,400.00 23 Meter Box/ Lid Replacement on Lewis 0 EA $0.00 14 $495.03 $0.00 $6,930.42 24 Extra Work on Colieqe Ave. (replace valve box) 0 EA $0.00 4 $290.36 $0.00 $1,161.44 25 Lower Exist. Meter box & yoke S. College 0 EA $0.00 1 $240.00 $0.00 $240.00 26 Extra Grading & Restoration Lewis Apt. Complex 0 LS $0.00 1 $990.00 $0.00 $990.00 Summation of Cost $265,065.00 $292,883.98 Net Cost for this Change Order $27,798.98 EstImated Project Cost Time Change Original Contract Date Original Contract Construction Days (calendar days) Additional Calendar Days granted by Previous Change Orders) Additional Calendar Days granted by this Change Order New Contract Construction Time (calendar days) New Construction Completion Date 10/22/2004 120 0 85 205 5/15/2005 Original Contract Amount $365,945.00 Previously Approved Chan( $0.00 This Change Order $27,798.98 New Contract Amount $393,743.98 THIS AGREEMENT IS SUBJECT TO ALL ORIGINAL CONTRACT PROVISIONS AND PREVIOUS CHANGE ORDERS ISSUED FOR REASONS INDICATED ABOVE Engineer / pt' Enqineers Signature i%// Title Date ACCEPTED BY CONTRACTOR: ���111 t( ^nn€ Contractors,Stnature C^_ Title /O-Vos- Date APPROVED BV OWNER: City of Fayetteville r; C Mayors S' nature tie /late Const. Change Order No I Rev "Clarice Pearman - CO#1 Page 1 From; Clarice Pearman To: Norbash, Sid Subject: CO#1 Sid, This is a confirmation that you picked up two of the three Final Reconciliation Change Orders for Kimbel Plumbing. I've also attached it just in case you need it electronically. Thanks. Have a good evening. Clarice 01/19/2006 14:5@ 501-682-0561 ANRC WRDD PAGE 02/02 MD CONTROL )fl FF,VVM dp7R0VAL:ak25�l tSlo 0 AYPROVryinnl ©p t ExPm� ILllgv U.S. ENVIRONMENTAL PROTECTION AGENCY MBE/BE UTILIZATION UNDER FEDERAL GRANTS, COOPERATIVE AGREEMENTS, AND INTERAGENCY AGREEMENTS /14!104' PART 1. (Reports are required even if do_Drocurements are made during the rend tine Period) 5. _o(C 1A FEDERAL FISCAL I IB. REPORTING QUARTER (Check appropriate box) YEAR 1 `(Oct -Dec) ® ?✓ (Jan -Mar) 3i° (Apr -Jun) 4a' (Ju-Sep) D Annual 2006 1 C. REVISION HIGHLIGHT ITEMS TO BE REVISED AND PROVIDE EXPLANATION IN BLOCK No. 6 Year. Qutha 2A. FEDERAL FINANCIAL ASSISTANCE AGENCY (EPA Office 3A. REPORTING RECIPIENT (Name and Addrew) Address - ATTN: DBE Coordinator) CITY OF FAVE TTEVILLE ARKANSAS NATURAL RESOURCES COMhllsslON 113 WEST MOUNTAIN 101 EAST CAPITOL, SUITE 350 PAYETTEVILLE, ARKANSAS 72701 LITTLE ROCK, ARKANSAS 72201 2B. REPORTING CONTACT 2C. PHONE: 36. REPORTING CONTACT 3C. PHONE: (EPA DBE Coordinator) (Sol) 683.0279 MAYOR DAN COON? iRecr piart) SCOTT SAVOY (479)815-8330 4A. FINANCIAL ASSISTANCE AGREEMENT TD NUMBER 4B, FEDERAL FINANCIAL ASSISTANCE PROGRAM CLEAN WATER (SRF State Recipients, Refer to instructions for Completion of4A. SA, REVOLVING LOAN FUND and SC) 00183-CWRLF-L 5A, TOTAL ASSISTANCE 5B. Check and skip to Block 5C. TOTAL PROCUREMENT AMOUNT THIS REPORTING PERIOD AGREEMENT AMOUNT No. 7 if no proanemems and (ONLY include the amount not in mry prior reporting period and procurements aecomplisemtents were made made by SRF Loan Reeipwarts and Sub- Recipicuts) EPA Share: S7L000A00 this reporting period. x $ Recipient Share: S3500000Q (Exclude procurar�d amounts reported by Prime Cormaams) 5D. ACTUAL MBEI WBE PROCUREMENT ACCOMPLLSHED THIS REPORTING PERIOD BY RECIPIENT (SRF State Recipients. Report State I'niwrement Activities Here) SMBE SWBE Construction Egoipmeot Services Sopplles TOTAL 7. NA DAN 5E. ACTUAL MBEJWRE PROCUREMENT ACCOMPLISHED THIS REPORTING PERIOD BY LOAN RECIPIENTS, SUB -RECIPIENT'S. AND PRIME CONTRACTORS SMBE SWRE Coaetrnctlon Fgalpmebt Services Supplies TOTAL TITLE MAYOR 26 5700-52A .(5/96) n Jabk elaavn.cca ly at hrlp:/Jwwweoo oovi r4bai5700 $2s.Cdf r 1S DUE 30 DAYS AFTER ?RB END Or F,ACA FEDERAL FISCAL QUARTER OR ANNUAL: SUBMISSION DATES ARE! January 30, April30. and Odeba•30• • ANNUAL REPORT 015 04 City of Fayetteville 1/31/2006 Maintenance/Inquiry 8:51:35 Document Item Action Reference Date Ref. Taken Brief Description W/S 9/27/2005 GRANT i US EPA Cooperative Agreement - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Keywords ..............: US EPA Cooperative Agreement US EPA agreement Water Quality $1,928,182.00 grant award!', grant Res. 156-04. File Reference #......: microfilm Security Class........: Retention Type: Expiration Date....... **** Active **** Date for Cont/Referred: Name Referred to......: Press Cmd 6 to Update Cmdl-Return Cmd2-Check Out Cmd8-Retention Cmd3-End Press 'ENTER' to Continue Cmd5-Abstract Yes No (c) 1986-1992 Munimetrix Systems Corp. 015 08 City of Fayetteville 1/31/2006 Maintenance/Inquiry 8:52:04 Document Item Action Reference Date Ref. Taken Brief Description -W/S - 9/27/2005 AN GRT - _ - - USEPACooperative Agreement - - - Abstract: XP -97690201-0 Grant Award Sept. 15, 2005 The United States, actingtby and throught U.S. Environmental Protection Agency (EPA), hereby offers Assistance/Amendment to the City of Fayetteville for 55.00% of all approved costs incurred up to.& not exceeding $1,060,500 for the support of approved budget period effort described in application cited in the Project Title & Description above signed 1/19/05 Cmdl-Return Cmd3-End Press 'ENTER' to Continue (c) 1986-1992 Munimetrix Systems Corp. From: Clarice Pearman To: Jurgens, David Subject: US EPA Cooperative Agreement report David, Attached is a copy of the above report for 2006. CC: Bell, Peggy; Deaton, Vicki 1. d