HomeMy WebLinkAbout92-04 RESOLUTIONRESOLUTION NO. 9 2 - 0 4
A RESOLUTION AWARDING A CONSTRUCTION CONTRACT
TO TOMLINSON ASPHALT COMPANY, INC. IN THE AMOUNT
OF $186,218.75 FOR THE WIDENING OF SHILOH DRIVE FROM
GREGG AVENUE TO STEELE BOULEVARD; APPROVING A
PROJECT CONTINGENCY IN THE AMOUNT OF $18,622.00;
APPROVING STREET LIGHT INSTALLATION BY AEP-SWEPCO
IN THE AMOUNT OF $25,000.00, AND MATERIALS TESTING
AND IN-HOUSE MANAGEMENT AND INSPECTION IN THE
AMOUNT OF $15,000.00 FOR A TOTAL OF $244,840.75 FOR THIS
PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby awards a construction contract to Tomlinson Asphalt Company, Inc. in
the amount of $186,218.75 for the widening of Shiloh Drive from Gregg Avenue
to Steele Boulevard, plus a project contingency of $18,622.00; and
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby approves street light installation for this project by AEP-SWEPCO in the
amount of $25,000.00 and Materials Testing and In -House Management and
Inspection in the amount of $15,000.00 for a total project cost not to exceed
$244,840.75.
PASSED and APPROVED this 15th day of June, 2004.
ATTEST:
By:
SONDRA SMITH City Clerk
By:
APPROVED:
DAN COODY, Mayor
...................
• �V• •�-
: FAY ETT EVILLE•
''9' NGTONP� •`�?~�•
0
NAME OF FILE:
CROSS REFERENCE:
Item #
Date
Resolution No. 92-04
Document
1
05/25/04
memo to mayor & City Council
2
draft resolution
3
copy proposed agreement
4
copy of
purchase requisition
5
Staff Review Form
6
Staff Review Form
7
copy of email to Ron Petrie
8
copy of email to cpearman
g
memo to Sondra Smith
10
memo to Ron Petrie
11
12
13
14
15
16
17
NOTES:
/lea
• • /s/oy
City Council Meeting of June 15, 2004 q _DV
70177///7-5,017
°lee& ego./
CITY COUNCIL AGENDA MEMO C5k'fc h gr,d�
To: Mayor and City Council
Thru: Hugh Earnest, Chief Administrative Officer
From: Tim Conklin, Community Planning and Engineering Services Director(?.
Date: May 25, 2004
Subject: 1. Approval of a resolution awarding the construction contract in the amount of
$186,218.75 with Tomlinson Asphalt Company, Inc. for -the widening of Shiloh Drive
from Gregg Avenue to Steele Boulevard 2. Approval of a project contingency in the
amount of $58,622.00 which includes $18,622.00 (10%) for unforseen project
expenditures and variations in final quantities; and $40,000.00 for material testing, street
light installation by AEP-SWEPCO, in-house management and inspection.
RECOMMENDATION
Staff recommends approval of the resolution awarding the contract to Tomlinson Asphalt
Company, Inc. in the amount of $186,218.75 and the project contingency.
BACKGROUND
The City Council allocated $400,000.00 in the 2004 Capital Improvement Program for
the widening of Shiloh Drive and improvements to the Gregg Avenue and Shiloh Drive
intersection.
This project was designed in-house which includes the widening of Shiloh Drive from
Gregg Avenue to Steele Boulevard and providing designated left turning lanes at Gregg
Avenue, the Fulbright Expressway on-ramp, and at Northwood Avenue.
DISCUSSION
The contract bids were opened on May 24, 2004. The project engineer has reviewed the
bids and recommends awarding the contract to the low bidder, Tomlinson Asphalt
Company, Inc., in the amount of $186,218.75 (see the attached bid tabulation sheet). The
estimated total project costs including the project contingency for unforeseen project
expenditures are as follows:
1
•
RESOLUTION NO.
A RESOLUTION AWARDING A CONSTRUCTION CONTRACT
TO TOMLINSON ASPHALT COMPANY, INC. IN THE AMOUNT
OF $186,218.75 FOR THE WIDENING OF SHILOH DRIVE FROM
GREGG AVENUE TO STEELE BOULEVARD; AND APPROVING
A PROJECT CONTINGENCY IN THE AMOUNT OF $58,622.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby awards a construction contract to Tomlinson Asphalt Company, Inc. in
the amount of $186,218.75 for the widening of Shiloh Drive from Gregg, Avenue
to Steele Boulevard. i ar
Section 2. That the City Council of the City of'Tayetievalle,Arkansas
hereby approves a project contingency of $58,622.00.
PASSED and APPROVED this 15th day of June, 2004.
I. ■
PROVED:
ATTEST:
By
SONDRA SMITH, City Clerk
Alkir OODY, Mayor
• •
Section 00500
AGREEMENT
BETWEEN CITY OF FAYETTEVILLE AND TOMLINSON ASPHALT COMPANY, INC.
THIS AGREEMENT is dated as of the day of in the year 2004 by and
between the City of Fayetteville, Arkansas and Tomlinson Asphalt Company, Incorporated.
The CITY OF FAYETTEVILLE and TOMLINSON ASPHALT COMPANY, INC., in consideration of the mutual
covenants hereinafter set forth, agree as follows:
Article 1. WORK.
TOMLINSON ASPHALT COMPANY shall complete all Work as specified or indicated in the Contract Documents.
The work generally consists of the widening of approximately 1,850 L.F. of street from 31 feet to 39
feet in width with curb & gutter and associated earthwork, below ground storm sewer, drainage
structures, and all items indicated in the Drawings and Specifications.
Article 2. ENGINEER.
The Project has been designed by
City of Fayetteville Engineering Design Services Division
113 W. Mountain Street
Fayetteville, Arkansas 72701
who is hereinafter called ENGINEERING DIVISION and who is to act as the CITY OF 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 80 consecutive calendar days after the date when the
Contract Time commences to run as provided in paragraph 2.03 of the General Conditions, and completed
and ready for final payment in accordance with paragraphs 14.07.B & C of the General Conditions within 100
consecutive calendar days after the date when the Contract Time commences to run. The calendar days as
specified include 20 non -workable days due to inclement weather.
3.2. Liquidated Damages. The CITY OF FAYETTEVILLE and TOMLINSON ASPHALT COMPANY
recognize that time is of the essence of the Agreement and that the CITY OF FAYETTEVILLE will suffer
financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus and
extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the
delays, expense and difficulties involved in proving the actual loss suffered by the CITY OF
FAYETTEVILLE if the Work is not completed on time. Accordingly, instead of requiring any such proof,
the CITY OF FAYETTEVILLE and TOMLINSON ASPHALT COMPANY agree that as liquidated
Shiloh Drive Widening
City of Fayetteville Engineering Design Services Division
May 25, 2004
Page 00500-1
• •
damages for delay (but not as a penalty) TOMLINSON ASPHALT COMPANY shall pay the CITY OF
FAYETTEVILLE Five hundred dollars ($500.00) for each day that expires after the time specified in
paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial
Completion, if 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 the CITY OF FAYETTEVILLE, TOMLINSON ASPHALT COMPANY shall pay the CITY OF
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.
The CITY OF FAYETTEVILLE shall pay TOMLINSON ASPHALT COMPANY for completion of the
Work in accordance with the Contract Documents an amount in current funds equal to the sum of the
amounts determined from the following Schedule of Values pursuant to paragraphs 4.1 and 4.2 below:
4.1. for all Work other than Unit Price Work, an amount equal to the sum of the established lump sums for
each separately identified item of Lump Sum Work; and
4.2. for all Unit Price Work, an amount equal to the sum of the established unit price for each separately
identified item of Unit Price Work times the estimated quantity of that item as indicated in this paragraph 4.2.
SHILOH DRIVE WIDENING
PAY ITEMS
Item
No.
Item Description
Unit
Estimated
Quantity
Unit Price
Extended Price
1
Mobilization
LS
1
$2,240.00
$2,240.00
2
Construction Staking
LS
1
$3,470.00
$3,470.00
3
Excavation Safety
LS
1
$500.00
$500.00
4
Clearing & Grubbing
LS
1
$3,120.00
$3,120.00
5
Maintenance of Traffic
LS
1
$11,995.00
$11,995.00
6
Sawcut(Asphalt)
LF
100
$1.88
$188.00
7
Remove & Dispose Curb & Gutter
LF
1,790
$2.88
$5,155.20
8
Remove & Dispose Drop Inlet
EA
3
$635.00
$1,905.00
9
Unclassified Excavation
CY
1,960
$12.00
$23,520.00
10
Compacted Embankment — Select Hillside Material (Borrow)
CY
1,265
$16.84
$21,302.60
11
Undercut & Backfill
CY
500
$24.34
$12,170.00
12
Six-inch Aggregate Street Base Course (Class 7)
SY
1,892
$6.87
$12,998.04
13
Concrete Curb and Gutter
LF
1,727
$8.50
$14,679.50
14
Two-inch ACHM Surface Course (PG 70-22)
SY
1,318
$10.24
$13,496.32
15
Four -inch ACHM Surface Course (PG 70-22)
SY
1,318
$15.18
$20,007.24
16
Aggregate Base (Class 7)
Tons
50
$18.00
$900.00
Shiloh Drive Widening
City of Fayetteville Engineering Design Services Division
May 25, 2004
Page 00500-2
•
17
I8 -inch Reinforced Concrete Pipe (RCP)
LF
29
$108.60
$3,149.40
18
4 Ft x 4 Ft Type 'C' Drop Inlet
EA
4
$2,472.00
$9,888.00
19
Drop Inlet Extension (4 Ft)
EA
4
$500.00
$2,000.00
20
18" Concrete Flared End Section
EA
1
5600.00
$600.00
21
Adjust Drop Inlet to Grade
LS
1
$1,665.00
$1,665.00
22
Seeding & Mulching
AC
0.40
$4,375.00
$1,750.00
23
Imported Top Soil
CY
220
$24.00
$5,280.00
24
Solid Sodding
SF
100
$2.00
$200.00
25
Double 6" Yellow Line Pavement Markings (Thermoplastic)
LF
1,750
$1.25
$2,187.50
26
6" White Line Pavement Markings (Thermoplastic)
LF
880
$0.64
$563.20
27
12" Yellow Diagonal Pavement Markings (Thermoplastic)
LF
315
$5.75
$1,811.25
28
24" White Pavement Markings (Thermoplastic)
LF
85
$12.50
$1,062.50
29
White Pavement Marking Arrows (Thermoplastic)
EA
16
$345.00
55,520.00
30
Drop Inlet Silt Fence (E-6)
EA
2
5100.00
$200.00
31
Baled Straw Check (E-1)
EA
5
575.00
$375.00
32
Tree Protection Fencing
LF
305
$2.00
$610.00
33
Relocate Traffic Mirror & Post
LS
1
5250.00
$250.00
34
Existing Pavement Marking Removal
LS
1
$1,460.00
$1,460.00
TOTAL CONSTRUCTION COST $186,218.75
As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations
of actual quantities and classifications are to be made by the ENGINEERING DIVISION as provided in paragraph 9.08
of the General Conditions. Unit prices have been computed as provided in paragraph 11.03.B of the General
Conditions.
Article 5. PAYMENT PROCEDURES
TOMLINSON ASPHALT COMPANY shall submit Applications for Payment in accordance with Article 14 of the
General Conditions or as modified in the Supplementary Conditions. Applications for Payment will be processed by
the ENGINEERING DIVISION as provided in the General Conditions.
5.1. Progress Payments. The CITY OF FAYETTEVILLE shall make progress payments on account of the
Contract Price on the basis of TOMLINSON ASPHALT COMPANY'S Applications for Payment as
recommended by the ENGINEERING DIVISION, on or about the 1st day of each month during construction
as provided in paragraphs 5.1.1 and 5.1.2 below and SC -14.02. All such payments will be measured by the
schedule of values established in paragraph 2.07 of the General Conditions and based on the number of units
completed in the case of Unit Price Work or, in the event there is no schedule of values, as provided in the
General Requirements.
5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the
percentage indicated below, but, in case, less the aggregate of payments previously made and less
such amounts as the ENGINEERING DIVISION shall determine, or the CITY OF FAYE 1 1 LVILLE
may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions.
Shiloh Drive Widening
City of Fayetteville Engineering Design Services Division
May 25, 2004
Page 00500-3
• •
90 percent of Work completed (with the balance of 10 percent being retainage), If Work has
been 50 percent completed as determined by the ENGINEERING DIVISION, and if the
character and progress of the Work have been satisfactory to the CITY OF
FAYETTEVILLE and the ENGINEERING DIVISION, the CITY OF FAYE 1 l EVILLE, on
recommendation of the ENGINEERING DIVISION, may determine that as long as the
character and progress of the Work remain satisfactory to them, there will be no additional
retainage on account of work completed, in which case the remaining progress payments
prior to Substantial Completion will be in an amount equal to 100 percent of the Work
completed.
100 percent of materials and equipment not incorporated in the Work but delivered, suitably
stored, and accompanied by documentation satisfactory to the CITY OF FAYETTEVILLE
as provided in paragraphs 14.02.B.5 & 14.02.D of the General Conditions. That is, if any
such items are setup for that type payment in the Specifications.
5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to
TOMLINSON ASPHALT COMPANY to 98 percent of the Contract Price (with the balance of 2
percent being retainage), less such amounts as the ENGINEERING DIVISION shall determine, or
the CITY OF FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D
of the General Conditions.
5.3 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraphs
14.07.B & C of the General Conditions, the CITY OF FAYETTEVILLE shall pay the remainder of the
Contract Price as recommended by the ENGINEERING DIVISION as provided in said paragraphs 14.07.B &
C.
Article 6. CONTRACTOR'S REPRESENTATIONS.
In order to induce the CITY OF FAYETTEVILLE to enter into this Agreement TOMLINSON ASPHALT
COMPANY makes the following representations:
6.1. TOMLINSON ASPHALT COMPANY 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. TOMLINSON ASPHALT COMPANY 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. TOMLINSON ASPHALT COMPANY is familiar with and is satisfied as to all federal, state, and local
Laws and Regulations that may affect cost, progress, performance, and fumishing of the Work.
6.4. TOMLINSON ASPHALT COMPANY 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. TOMLINSON
ASPHALT COMPANY accepts the determination set forth in paragraph SC -4.02 of the Supplementary
Shiloh Drive Widening
City of Fayetteville Engineering Design Services Division
May 25, 2004
Page 00500-4
• •
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.
TOMLINSON ASPHALT COMPANY acknowledges that such reports and drawings are not Contract
Documents and may not be complete for TOMLINSON ASPHALT COMPANY purposes. TOMLINSON
ASPHALT COMPANY acknowledges that the CITY OF FAYETTEVILLE and the ENGINEERING
DIVISION do not assume responsibility for the accuracy or completeness of information and data shown or
indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site.
TOMLINSON ASPHALT COMPANY has obtained and carefully studied (or assumes responsibility for
having done so) all such additional supplementary examinations, investigations, explorations, tests, studies,
and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site
or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any
aspect of the means, methods, techniques, sequences, and procedures of construction to the employed by
TOMLINSON ASPHALT COMPANY and safety precautions and programs incident thereto. TOMLINSON
ASPHALT COMPANY 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. TOMLINSON ASPHALT COMPANY is aware of the general nature of work to be performed by the
CITY OF FAYETTEVILLE and others at the site that relates to the Work as indicated in the Contract
Documents.
6.6. TOMLINSON ASPHALT COMPANY has correlated the information known to TOMLINSON
ASPHALT COMPANY, 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. TOMLINSON ASPHALT COMPANY has given the ENGINEERING DIVISION written notice of all
conflicts, errors, ambiguities, or discrepancies that TOMLINSON ASPHALT COMPANY has discovered in
the Contract Documents and the written resolution thereof by the ENGINEERING DIVISION is acceptable
to TOMLINSON ASPHALT COMPANY and the Contract Documents are generally sufficient to indicate
and convey understanding of all terms and conditions for performance and furnishing of the Work.
Article 7. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between the CITY OF FAYETTEVILLE and
TOMLINSON ASPHALT COMPANY concerning the Work consist of the following:
7.1. This Agreement (pages 1 to 8, inclusive).
7.2. Performance and Payment Bonds, (Exhibits A and B respectively).
7.3. Certificates of Insurance, (Exhibit C).
7.4. Documentation submitted by TOMLINSON ASPHALT COMPANY prior to signing Agreement.
7.5. General Conditions (pages 1 to 42, inclusive)
Shiloh Drive Widening
City of Fayetteville Engineering Design Services Division
May 25, 2004
Page 00500-5
• •
7.6. Supplementary Conditions (pages 1 to 13 inclusive).
7.9. Specifications consisting of Divisions 1 through 3 as listed in table of contents thereof.
7.10. Addenda numbers 0 to 1 , inclusive.
7.11. One sets of drawings (not attached hereto) consisting of a cover sheet and additional sheets numbered
1 through 15 with each sheet bearing the following general title:
Shiloh Drive Widening
7.12. The following which may be delivered or issued after the Effective Date of the Agreement and are
not attached hereto:
7.12.1. Notice to Proceed
7 12 2 All Written Amendments and other documents amending, modifying or supplementing the
Contract Documents pursuant to paragraph 3.04 of the General Conditions.
The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly noted
otherwise above).
There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only
be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions.
Article 8. MISCELLANEOUS.
8.1. Terms used in the Agreement which are defined in Article 1 of the General Conditions will have the
meanings indicated in the General Conditions.
8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be
binding on another party hereto without the written consent of the party sought to be bound; and, specifically
but without limitation, moneys that may become due and moneys that are due may not be assigned without
such consent (except to the extent that the effect of this restriction may be limited by law), and unless
specifically stated to the contrary in any written consent to an assignment no assignment will release or
discharge the assignor from any duty or responsibility under the Contract Documents.
8.3. The CITY OF FAYETTEVILLE and TOMLINSON ASPHALT COMPANY each binds itself, it
partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors,
assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the
Contract Documents.
8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or
Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon
stricken provision or part thereof with a valid and enforceable provision that comes as close as possible
expressing the intention of the stricken provision.
Shiloh Drive Widening
City of Fayetteville Engineering Design Services Division
May 25, 2004
Page 00500-6
• •
8.5. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed
without a prior formal contract amendment approved by the Mayor and the City Council in advance of the
change in scope, cost or fees.
8.6. Freedom of Information Act. CITY OF FAYETTEVILLE contracts and documents prepared while
performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of
Information Act request is presented to the CITY OF FAYETTEVILLE, the (contractor) will do everything
possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of
Information Act (A.C.A. §25-19-101 et. Seq.). Only legally authorized photocopying costs pursuant to the
FOIA may be assessed for this compliance.
8.7. This contract must be interpreted under Arkansas Law.
Shiloh Drive Widening
City of Fayetteville Engineering Design Services Division
May 25, 2004
Page 00500-7
• •
IN WITNESS WHEREOF, the CITY OF FAYETTEVILLE and TOMLINSON ASPHALT COMPANY have
signed this Agreement in quadruplicate. One counterpart each has been delivered to the CITY OF FAYE 1 I EVILLE
and the ENGINEERING DIVISION, and two counterparts have been delivered to TOMLINSON ASPHALT
COMPANY. All portions of the Contract Documents have been signed, initialed, or identified by the CITY OF
FAYETTEVILLE and TOMLINSON ASPHALT COMPANY or identified by the ENGINEERING DIVISION on
their behalf.
This Agreement will be effective on , 2004 (which is the Effective Date of the
Agreement).
OWNER: City of Fayetteville CONTRACTOR: Tomlinson Asphalt
Company, Incorporated
By: By:
Mayor Dan Coody
Title
[CORPORATE SEAL] [CORPORATE SEAL]
Attest * Attest
* If a Corporation, attest by the Secretary.
Address for giving notices Address for giving notices
(If OWNER is a public body, attach
evidence of authority to sign and
resolution or other documents
authorizing execution of Agreement.)
License No.
Agent for service of process:
(If CON I RACTOR is a corporation, attach
evidence of authority to sign)
Shiloh Drive Widening
City of Fayetteville Engineering Design Services Division
May 25, 2004
Page 00500-8
• City Council Meeting of June 15, 2004
Contractor Bid Amount
Street Light Installation by AEP-SWEPCO
Materials Testing
In-house Management & Inspection
10% Contingency
TOTAL
BUDGET IMPACT
$ 186,218.75
$ 25,000.00
$ 5,000.00
$ 10,000.00
$ 18,622.00
$ 244,840.75
The contractor bid plus contingency in the total amount of $244,840.75 is within the
$400,000.00 that was allocated by the City Council in the 2004 Capital Improvement
Program.
2
2z
W>
Qo
Ri
Lux
W
1:1Q v
ta
ZZ
Z0
Lobo
W
rc c
o O • 2
SAP
N
CH
F Q t
o • • i
m
h $ O
0W• U
• o
a
m O
�
m»
a
a_
8.
o
8
c.
8.
8
e
8.
8
8.
N$
8
8.
8
8$
8
8
8
M»
8.
8.
S
8
a._
8.
8.
8
8
...,....„4“»._;,-..1...m.-4.....:.
8
.
8.
w
8
8
8
8
8
w
8.
8.
S
8.
m
»
8
8
8.
8
8
81 0
N A
Ga
8
g§§,§§"»§,»»»»
8
8
8
8
8
8 8
8
8
8
»
8
8
8
8
w»a§gg
8
8
8
8
8
I00'000'ES I
8
842 »
8
8
8
8
8
4,^89
8
8
8wgg
8
8 •
8
8
8
Gilbert Central Corp.
Extended Price
514,000.00
88
ak
»
I00.00tziS
88888
88Nss
»
lig,
»
525,300.001
888888888888888888888888
8A5
0L.6
w»r
_sg„as88800a4m8a8s88
dm
w
8
gN_
a
„8.8.88.88."88.
6g888$N
»
-»
»88888888.8
w
.wM»
33,800.00
8
8
5700.00
88888888888.
88
»
w
.
^88888
»
S
- 888.
1 Township Builders, Inc
Extended Price
516,747.00
88888,
8888
_...536,000.001
8e8FAg4-
888888888888888888
88s8888$maen8o88sc48g
888888888
8
E
tCgsggG"B
88888888888888888
" »
4242
4,Y»
=
4,4,«4
52,000.00
88
§§
-
1 51.300.001
8888888888888
8»1
H
4,
=888A86
"�
w
APAC-Arkansas, Inc.
Extended Price
59,250.00
88888888
»
M
8
a-
w
a
tr.
8
w»ww
8
g
m
�,
R
S«
2
89888888
4'
"-
g 61--
8
8
8
5
8::=5;
s»
_. SI0,670 001
888"8888"88
8
0
»
4
""s""»
a
m=
8"-
b
w
"
- .
a
8$888"008
§
»
g88r.4"m»
"
»
-
'
-
e8888.889
wagw.,wws"=.-8"=gs-
n
a="2„a88S88a
»
»
2 J1
m
3
g
8888888$88889888888888888888888888
g8a4samoaa_
_e.a
vjd
888a0a
»89=„as
8
es
»
Unit Price
510,000.00
8
8888�^.�'
8
8
8
8
9
8
8
8
”
525.001
8
8
8-HrLzr
8
8
8
8
h88�88
8
8
8
8
8
8
n-aa4-
8
8
8
8
8
8
d_„t
8
8
o"88
8
8
8
Tomlinson Asphalt Co., Inc.
„
d8a8rsm=&
8
8
8
8
8
8
8
8
_
8
a
en
8
_
8
—m
a
8
0„
:s0'
8
8
-mg
8
8
8
00r-8am
8
8
8
8
8
R-
m0ra�-98
8
8
8
8
8
8
8
I
Subtotal Constriction Costs
Contingency 10%
TOTAL CONSTRUCTION COSTS SI86,218.75
Unit Price
52,240.00
8
8
»
8
8
8
1
8
8»
-
8
8
8
"
8
-
'»
w
1 524.341
w
"
°-'
N-
8$
CI
8
g
»
8
8
8
8
8
9
V,
8
5
8
»
8"$!
a
"-
9
"..,17."
8
e
8
8
8
8
8
8
w
E
2 3
- 6
-
-
-
-
-
8
3 I
8
r
8
8
-
-
-
"
'
-
-
0.40
r
8
e
-
"
w
305
-
-
ee//
VV��
J
ee//��
J
ff//��
J
r/�
n
J
J
Ll
C/
U
cv
c>4.
J
y�j
N§
11��
J
EA
6,1:n
AC
U
N
J
J
J
W
W
4Q1
1y
J
e/�
J
e/�
.]
Description
Mobilization
to
p;
c5
a
toU
co
2
13x19
i
ISawcut (Asphalt)
04
411
z
remove & Dispose Drop Inlet
=
E
(Compacted Embankment - Select Hillside Material (Borrow) 1
0
,
Six-inch Aggregate Street Base Course (Class 7)
Concrete Curb & Gutter I
Two-inch ACHM Surface Course (Class 2)
Four -inch ACHM Surface Course (Class 2)
Aggregate Base (Class 7) - --I
18 -inch Reinforced Concrete Pipe (RCP)
4 Ft x 4 Ft Type "C" Drop Inlet
Drop Wet Extension (4 LE.)
18" Commie Flared End Section
Adjust Dmp Inlet to Grade
Seeding and Mulching
F
743
E
s
cR
Double 6" Yellow Linc Pavement Markings (Thermoplastic) 1
6" White Line Pavement Markings (Thermoplastic)
12" Yellow Diagonal Pavement Markings (Thermoplastic)
24" White Pavement Markings (T ennoplastic)
White Pavement Marking Arrows (Thermoplastic)
Dmp Inlet Silt Fence (E-6)
W
6
m'
Tree Proctection Fencing
Relocate Traffic Minor &Post -
Existing Pavement Marking Removal
Mayor: Department Director: Purchasing Manager:
Finance & Internal Services Director: Budget Manager: IT Manager:
Dispatch Manager: Utilities Manager: Other:
0 CO Co V 0 0 A CO N +
N
3
Requestel,
ROn,Petrle. ...
Address:
1411 W. Van Asche
City: State:
Fayetteville Arkansas
Vendor,:#:
3 -
City Of Fayetteville
(Not a Purchase Order)
Shipping/Handling
Construction Contract for the
Shiloh Drive Widening from
Gregg Avenue to Steele; Blvd..
Description
LS
0
c
0)
=
r'>;oul edoDllegdsv uosullwol
"6uw_— :aweNiopuaA
Lot
LS
1 Unit of Issue
LS
Unit Cost
44
o
o
0
o
o
0
o
0
$o.00
0
0
0
$o.00
$0.00
$0.00
0
0
0
$0.00
$186,218.75
Extended Cost
4470.9470:5809M0
Account Numbers
Zip Code: Ship to:cddefie :`
72704 r 0903 3.6 .„
T
0
Q
XI0
O
LS
+.N
7:141P -
as
sssts-c5
c
—
0 ,.
AV
0 is
NZ.
Project/Subproject #
S
y
0i ,
^.
{
0 N
N X
lG
z
0
IX
ID y
N =
Z
0
IX
P.O Number:
Requisition No.:
c
0
p
0
R
x
LQuotes Attached
es: No:x
txpected Delivery Date:
ASAP
Date:
5/25/2004
(Fixed Asset #
X AGENDA REQUEST
X CONTRACT REVIEW
GRANT REVIEW
STAFF MEW FORM - FINANCIAL OBLIGATION
•
•
For the Fayetteville City Council Meeting of: June 15, 2004
FROM•
Ron Petrie
Name
Engineering Community Planning & Engineering
Division Department
ACTION REQUIRED: 1. Approval of a resolution awarding the construction contract in the amount of
$186,218.75 with Tomlinson Asphalt Company, Inc. for the widening of Shiloh Drive from Gregg Avenue to
Steele Boulevard. 2. Approval of a project contingency in the amount of $58,622.00 which includes $18,622.00
(10%) for unforseen project expenditures and variations in final quantities; and $40,000.00 for street light
installation, materials testing, in-house management and inspection.
COST TO CITY:
$244,840.75 $ 400,000.00 Shiloh Drive Widening
Cost of this request
Category/Project Budget Program Category / Project Name
4470.9470.5809.00 $
Account Number
04016.20
Project Number
759.84 Street Improvements
Funds Used to Date
Program / Project Category Name
399,240.16 Sales Tax
Remaining Balance
Fund Name
Budgeted Item Budget Adjustment Attached
Budget Manager
Date
CONTRf.CT/GRANT/LEASE REVIEW:
a cS/Q4/a/
�
Accounting Manager Date
)
Accou g Internal Aubitor
sidar
UZLEP
City Att rney Date Purchasing Manager
shit, (ate
Date
5la-11o4
Date
s�T copri cex_-�S commeni royal of resolution and project contingency.
,<h� /t`'/ sZ A,7/ Received in Mayor's Office
Division Head
Department Director
Finance & Internal Services
nistrative Officer
Dir.
Mayor
Da e
S;6— 07
Date
Cross Reference:
Previous Ord/Res#:
Date Orig. Contract Date:
-ol
Date
‘I/0i
Date
Orig. Contract Number:
New Item:
sAV f
Date ,p /I
Yes No
STAFF REVIEW FORM - FINANCIAL OBLIGATIO.
X AGENDA REQUEST
X CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council Meeting of: June 15,2004
FROM:
Ron Petrie
Name
Engineering Community Planning & Engineering
Division Department
ACTION REQUIRED: 1. Approval of a resolution awarding the const ion contract in the amount of
$186,218.75 with Tomlinson Asphalt Company, Inc. for the widening ofkohl
oh Drive from Gregg Avenue to
Steele Boulevard. 2. Approval of a project contingency in the amo + t •; 2.00 which includes $18,622.00
(10%) for unforseen project expenditures and variations in fine��. ►►►►it+u= 'es; and $40,000.00 for street light
installation, materials testing, in-house management and inspec
COST TO CITY:
$244,840.75
$ 4
O.
00
1.01
Shiloh Drive Widening
Cost of this request Categor / oje a .ge Program Category / Project Name
4470.9470.5809.00 $ 1`' C 0.g0 Street Improvements
Account Number Funds U ed t se Program / Project Category Name
:• CGO.IIo
04016.20 $ 399§94.99 Sales Tax
Project Number
Remaining ance Fund Name
BUDGET REVIEW:
Budget Manager
CONTRACT/GRANT/ AS
X Budgeted Item
Date
Budget Adjustment Attached
Accounting Manager ' Date Internal Auditor Date
City Attorney Date Purchasing Manager Date
STAFF RECO NDATION • Staff recommends approval of resolution and project contingency.
.S/z / ,/ Received in Mayor's Office
Division Head �/Date
-----e-.---a::::
� ..5. -PS- - s Reference:,
Department Director Date
Finance & Internal Services Dir.'
Previous Ord/Res#:
Date Orig. Contract Date:
/
Chief Administrative Officer Date
Mayor Date
Orig. Contract Number:
New Item:
Date
Yes No
IIIaff Review Form - Page 2
Description Shiloh Drive Widening
Comments:
Budget Manager
Accounting Manager
City Attorney
Purchasing Manager
ADA Coordinator
Internal Auditor
C„ had AOS not (2-eti1 S
Grants Coordinator
•
Meeting Date June 15, 2004
Reference Comments:
Clarice Pearman - Thomlinson Asphalt Co. • Page 1
From: Clarice Pearman
To: Petrie, Ron
Subject: Thomlinson Asphalt Co.
Hi Ron,
Just little ole me bugging you about a signed agreement from Tomlinson. Please let me know when I
might expect to receive a signed agreement to continue the processing of this resolution and to get the
mayor's signature.
Thanks.
Clarice Pearman - Re: Thomlinson Asphalt
From: Ron Petrie
To: Pearman, Clarice
Date: 6/17/04 10:08AM
Subject: Re: Thomlinson Asphalt Co.
I will try to have them to you sometime next week. I just depends when Tomlinson can get their bonds
and insurance papers back to me.
»> Clarice Pearman 06/16/04 11:29AM »>
Hi Ron,
Just little ole me bugging you about a signed agreement from Tomlinson. Please let me know when I
might expect to receive a signed agreement to continue the processing of this resolution and to get the
mayor's signature.
Thanks.
Page if
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: 501-575-8206
ENGINEERING DESIGN SERVICES DIVISION CORRESPONDENCE
TO: Sondra Smith, City Clerk
FROM: Ron Petrie, Engineering Design Services Manager
DATE: July 6, 2004
SUBJECT: Shiloh Drive Widening
Contract for Construction
Please find attached four (4) sets of project manuals that have been prepared for the Mayor's
signature. This contract was approved at the June 15, 2004 City Council meeting.
Please return the remaining project manuals to the Engineering Division.
Thanks for your assistance.
RECEIVED
JUL 0 6 2004
CITY OF FF,YETTEVILLE
CITY CLERK'S OFFICE
FAYETTE\tLE �
THE CITY OF FAYETTEVILLE, ARKANSAS
City Clerk Division
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575-8323
DEPARTMENTAL CORRESPONDENCE
To: Ron Petrie
Engineering Division
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: July 9, 2004
Re: Resolution No. 92-04
The City Council passed a resolution, June 15, 2004, awarding a contract to Tomlinson Asphalt Company,
Inc. for widening of Shiloh Drive. I have attached is a copy the resolution, your original purchase
requisition and three originals of the contract.
The
resolution with
attachments will be recorded in the city clerk's office and microfilmed.
If anything
else
is needed please
let the clerk's office know.
/cbp
attachments
cc: Nancy Smith, Internal Auditor
i
Project .Manual
I H
FAYETTEVI LI-E
I.
I. CITY OF FAYETTEVILLE
ARKANSAS
Shiloh Drive Widening
Street & Drainage
Improvements
I - - -
BID # 04-36
' MAY 2004
SET Na. 2
I
rj
I
I
I
I
I
I
I
JJ
Proiect Manual
AYEm r 'fi LLE
CITY OF FAYETTEVILLE
ARKANSAS
I Shiloh Drive Widening
I
I
G
I
11
Street & Drainage
Improvements
BID # 04-36
MAY 2004
I
I
I
1l
I
Section 00005
TABLE OF CONTENTS
Shiloh Drive Widening
Street & Drainage Improvements
Section No. Title
00005 Table of Contents ...............................................
00020 Advertisement for Bids ......................................
BIDDING REQUIREMENTS
' 00100 Instructions to Bidders .........................................
00300 Bid Form..............................................................
I
I
I
I
I
I
LI
I
I
I
CONTRACT FORMS AND CONDITIONS
00500 Agreement Form Between Owner & Contractor ........
Construction Performance Bond - Exhibit A ..............
Construction Payment Bond - Exhibit B .....................
Certificates of Insurance - Exhibit C ...........................
Notice to Proceed........................................................
00700 General Conditions.....................................................
00800 Supplementary Conditions ..........................................
SPECIFICATIONS
Division I - General Requirements
01010
Summary of Work ..........................................
01025
Measurement and Payment .............................
01027
Applications for Payment ...............................
01035
Modification Procedure ..................................
01040
Coordination and Meetings .............................
01051
Construction Surveys ......................................
01060
Regulatory Requirements ................................
01090
Reference Standards and Abbreviations .........
01300
Submittals.......................................................
01310
Progress Schedules .........................................
01410
Testing Laboratory Services ...........................
01500
Construction Facilities & Temporary Controls
01620
Storage and Protection ....................................
01630
Product Options and Substitutions ..................
01700
Contract Closeout ...........................................
Pages
................. 00005-1 to 00005-2
....................................00020-1
.............................. 00100-1 to 00100-9
.............................. 00300-1 to 00300-7
...............00500-1 to 00500-8
.................................. 00500 9
................................00500-10
................................00500-11
................................00500 -12
....................................1 to 42
............. 00800-1 to 00800-13
.01010-1
01025-1 i
.01027-1
.01035-1
.01040-1
.01051-1
.01060-1
.01090-1
.01300-1
.01310-1
.01410-1
.01500-1
.01620-1
.01630-1
.01700-1
to 01010-2
o01025 -I2
to 01027-2
to 01035-3
to 01040-4
to 01051-2
to 01060-3
to 01090-3
to 01300-4
to 01310-2
to 01410-3
to 01500-5
to 01620-2
to 01630-2
to 01700-5
Shiloh Drive Widening April 29, 2004
City of Fayetteville Engineering Design Services Division Page 00005-1
I
' Division 2 - Site Work
' 02050 Demolition.....................................................................................................02050-1 to 02050-2
02100 Site Preparation..............................................................................................02100-1 to 02100-3
02161 Excavation Safety ............................................................................................................ 02161-1
02220 Excavation and Embankment........................................................................02220-1 to 02220-8
' 02230 Road Bed Preparation....................................................................................02230-1 to 02230-5
02261 Site Restoration..............................................................................................02261-1 to 02261-6
02270 Slope Protection and Erosion Control............................................................02270-1 to 02270-3
02500 Asphaltic Cement Paving...............................................................................02500-1 to 02500-9
02581 Thermoplastic Pavement Markings................................................................02581-1 to 02581-4
02600 Pipelaying......................................................................................................02600-1 to 02600 -at
02720 Storm Sewer System......................................................................................02720-1 to 02720-3
' 02840 Signage..........................................................................................................02840-1 to 02840-3
02900 Landscaping...................................................................................................02900-1 to 02900-9
' Division 3 - Concrete
03210 Reinforcing Steel...........................................................................................03210-1 to 03210-2
03316 Miscellaneous Concrete Work.....................................................................03316-1 to 03316-10
I
End of Section 00005
I
I
I
I
I
I
H
I
I
Shiloh Drive Widening April 29, 2004
' City of Fayetteville Engineering Design Services Division Page 00005-2
H
Section 00020
I
I
I
I
I
I
I
I
I
I
C1
I
I
I
I
I
I
ADVERTISEMENT FOR BIDS
BID # 04-36
Notice is given hereby that, pursuant to an order of the City Council of the City of Fayetteville, Arkansas, sealed
bids will be received at Room 306, City Hall, 113 West Mountain Street, Fayetteville, Arkansas, until 2:30 p.m.
(local time) on Monday, May 24, 2004, for furnishing all tools, materials and labor and performing the necessary
work for the construction of Shiloh Drive Widening —Street & Drainage Improvements for Fayetteville, Arkansas.
At this time and place, all bids received will be publicly opened and read aloud.
The work generally consists of the widening of approximately 1,850 L.F. of street from 31 feet to 39 feet in width
with curb & gutter and associated earthwork, below ground storm sewer, drainage structures, and all items indicated
in the Drawings and Specifications.
Drawings and specifications are on file and may be examined at the office of the Engineering Division, City of
Fayetteville. Copies of these documents may be obtained from the office of the engineer upon request and upon
payment of $50.00. This amount is not refundable.
The bidders shall make such inspection and studies of the site of the work as to familiarize themselves with all
conditions to be encountered. Bid security, as defined in the Instructions To Bidders, in the amount of 5 percent of
the Bid must accompany the Bid.
Bidding Documents may be reviewed at the
City of Fayetteville
Engineering Division (Phone: 479-575-8206)
125 W. Mountain
Fayetteville, AR 72701
The successful Bidder will be required to furnish a Performance Bond and a Payment Bond as security for the
faithful performance and the payment of all bills and obligations arising from the performance of the Work.
Pursuant to Ark. Code Annotated 22-9-203, the City of Fayetteville encourages all qualified small, minority and
women business enterprises to bid on and receive contracts for goods, services, and construction. Also, the City of
Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority,
and women business enterprises.
No Bids maybe withdrawn within a period of 60 days after the date fixed for opening Bids.
The City Council reserves the right to reject any or all bids, to waive irregularities in the Bids and bidding deemed
to be in the best interests of the City Council, and to reject nonconforming, non -responsive, or conditional Bids.
/s/ Peggy Vice
Peggy Vice, Purchasing Officer
I
Shiloh Drive Widening April 15, 2004
City of Fayetteville Engineering Design Services Division Page.00020-1
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.
2 COPIES OF BIDDING DOCUMENTS
2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the
Advertisement for Bids may be obtained from the Issuing Office.
' 2.2 Complete sets of Bidding Documents must be used in preparing Bids. Neither Owner nor Engineer
assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets
' of Bidding Documents.
2.3 Owner and Engineer in making copies of Bidding Documents available on the above terms do so
only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any
other use.
' 3 PRE -BID CONFERENCE
3.1 A pre -bid conference will not be held for this project.
4 EXAMINATION OF SITE AND CONTRACT DOCUMENTS
4.1 Bidders are advised that the Drawings and Specifications are on file at the City of Fayetteville
Engineering Department, and shall constitute all of the information which the Owner shall furnish.
1 No other information given or sounding made by the Owner or any official thereof, prior to the
execution of said contract, shall ever become a part of, or change the contract, drawings,
specifications and estimates, or be binding on Owner.
Shiloh Drive Widening April 15, 2004
City of Fayetteville Engineering Design Services Division Page 00100-1
I
Prior to submitting any Bid, Bidders are required to: read carefully the Specifications, contract, and
Bonds; examine carefully all Drawings; visit the site of the Work to carefully examine local
conditions; attend the pre -bid conference; inform themselves by their independent research and
sounding of the difficulties to be encountered, and all attending circumstances affecting the cost of
doing the work, and the time specified for its completion; and obtain all information required to
make an intelligent bid.
4.2 Bidders shall rely exclusively upon their surveys, estimates, investigations, and other things which are
' necessary for full and complete information upon which the bid may be made and for which a
contract is to be awarded. The Bid Form, providing for unit and lump sum prices bid by the
Contractor, contains a statement that all bids are made with the full knowledge of the difficulties and
conditions that may be encountered, the kind, quality and quantity of the plans, work to be done,
excavation, and materials required and with full knowledge of the drawings, profiles, specifications,
and estimates and all provisions of the contract and Bonds.
' 4.3 Bidders shall promptly notify Engineer of all conflicts, errors, ambiguities, or discrepancies which
Bidder has discovered in or between the Contract Documents and such other related documents.
4.4 Information and data shown or indicated in the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site is based upon information and data furnished to
I Owner and Engineer by owners of such Underground Facilities or others, and Owner and Engineer
do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided
otherwise in the Supplementary Conditions.
' 4.5 On request, Owner will provide each Bidder access to the site to conduct such examinations,
investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a
Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon
completion of such explorations, investigations, tests, and studies.
4.6 Reference is made to the General Requirements for the identification of the general nature of work
that is to be performed at the site by Owner or others (such as utilities and other prime contractors)
that relates to the work for which a Bid is to be submitted. On request, and as available, Owner will
provide to each Bidder, for examination, access to or copies of Contract Documents (other than
portions thereof related to price) for such work.
' 4.7 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has
complied with every requirement of this Article 3, that without exception the Bid is premised upon
performing and furnishing the Work required by the Contract Documents and applying the specific
means, methods, techniques, sequences, or procedures of construction (if any) that may be shown or
indicated or expressly required by the Contract Documents, that Bidder has given Engineer written
notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the
' Contract Documents and that the written resolutions thereof by Engineer are acceptable to Bidder,
and that the Contract Documents are generally sufficient to indicate and convey understanding of all
terms and conditions for performing and furnishing the Work.
5 AVAILABILITY OF LANDS FOR WORK AND WORK BY OTHERS
I.
Shiloh Drive Widening April 15, 2004
City of Fayetteville Engineering Design Services Division Page 00100-2
I
I
I
I
5.1 The lands upon which the Work is to be performed, rights -of -way and easements for access thereto
and other lands designated for use by Contractor in performing the Work are identified in the
Contract Documents. All additional lands and access thereto required for temporary construction
facilities, construction equipment, or storage of materials and equipment to be incorporated in the
Work are to be obtained and paid for by Contractor. Easements for permanent structures or
permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise
provided in the Contract Documents.
' 6 INTERPRETATION OF CONTRACT DOCUMENTS AND ADDENDA
' 6.1 If any person contemplating submitting a bid for construction of the Work is in doubt as to the true
meaning of any part of the proposed Contract Documents or finds discrepancies in or omissions
from any part of the proposed Contract Documents, he should submit a written request for
' interpretation thereof to the Engineer not later than seven days before the date set for bid opening.
The person submitting the request shall be responsible for its prompt delivery.
I
I
I
I
I
11
I
I
6.2 Interpretation or correction of proposed Contract Documents will be made only by Addendum to all
holders of Bidding Documents. Only questions answered by formal written Addenda will be binding.
Oral and other interpretations or clarifications will be without legal effect. Owner will not be
responsible for any other explanations or interpretations of the proposed Contract Documents.
6.3 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or
Engineer.
APPROXIMATE ESTIMATE OF QUANTITIES
7.1 Engineer's estimate of quantities, on file at the City Engineer's office, is approximate only and shall
be the basis for receiving unit price bids for each item but shall not be considered by Bidders as
actual quantities that may be required for the completion of the proposed work. However, such
quantities, at the unit and lump sum prices bid for each item, shall determine the amount of each bid
for comparison of Bids and aid in determining the low and responsive Bidder for the purpose of
awarding the contract, and will be used as basis for fixing the amount of the required Bonds.
UNIT PRICES
8.1 Bidders must state a price for each item of work named in the Bid Form. Unit and Lump Sum prices
shall include amounts sufficient for the furnishing of all labor, materials, tools, equipment, and
apparatus of every description to construct, erect, and finish completely all of the work as called for
in the Specifications or indicated on the Drawings.
8.2 Prices bid on the various items in the Bid Form shall bear a fair relationship to the cost of the work
to be done. Bids which appear unbalanced and are deemed not to be in the best interest of Owner
may be rejected at the discretion of Owner.
Shiloh Drive Widening April 15, 2004
City of Fayetteville Engineering Design Services Division Page 00100-3
I
H
I
I
I
I
I
I
I
I
I
I
I
I
I
8.3 By submission of a Bid, Bidder represents that Bidder has considered the entire Project and the
Work required, and has reviewed the Drawings and Specifications to verify the full scope of the
Work.
BID FORM
9.1 Bids are due as indicated in the Advertisement For Bids.
9.2 Bids must be made out in ink on the Bid Form included in these Bidding Documents. Bid Form
shall not be removed from the bound Project Manual, nor shall bids be submitted on a photocopy of
the Bid Form. The unit price or lump sum bid for each item must be stated in figures and in words
in the appropriate blank spaces provided on the Bid Form. The figures must be clear and distinctly
legible so that no question can arise as to their intent and meaning. In case of a difference in the
written words and figures, the amount stated in written words shall govern. Discrepancies between
the multiplication of units of Work and unit prices will be resolved in favor of the unit prices.
Discrepancies between the indicated sum of any column of figures and the correct sum thereof will
be resolved in favor of the correct sum.
9.3 Bids which are incomplete, unbalanced, conditional, or obscure or which contain additions not called
for, erasures, alterations, or irregularities of any kind or which do not comply with these Instructions
to Bidders may be rejected as informal or non -responsive at the option of Owner. However, Owner
reserves the right to waive technicalities as to changes, alterations, or revisions and to make the
award in the best interest of Owner.
9.4 Address bids to Owner, and deliver to the address given in the Advertisement For Bids on or before
the day and hour set for opening the bids. Enclose the completed Bid Form and Project Manual in a
sealed envelope bearing the title of the project, the name of the Bidder, Bidder's Arkansas
Contractor's License Number (Optional), and the date and hour of the bid opening. If this sealed
envelope is delivered by a public carrier, it must be contained in another envelope addressed to
Owner and the attention of the project name. It is the sole responsibility of Bidder to see that the
Bid is received on time.
9.5 No Bidder shall divulge the information in the Bid to any person whomsoever, except those having a
partnership or other financial interest with him in the Bid, until after the bids have been opened.
10 SIGNATURE ON BIDS
10.1 If the Bid is made by an individual, the firm name must be given, and the Bid Form signed by the
individual or a duly authorized agent. If the Bid is made by a partnership, the firm name and the
names of each member must be given, and the Bid signed by a member of the partnership, or a
person duly authorized. If the Bid is made by a company or corporation, the company or corporate
name must be given and the Bid signed by an officer or agent duly authorized. The corporate seal
must be affixed and attested by the secretary or an assistant secretary. The corporate address and
state of incorporation must be shown below the signature.
10.2 All names must be typed or printed in black ink below the signature.
Shiloh Drive Widening April 15, 2004
City of Fayetteville Engineering Design Services Division Page 00100-4
I
10.3 The address and telephone number for communications regarding the Bid must be shown.
I 10.4 Powers of attorney, properly certified, for agents and others to sign Bids must be in writing and filed
with Owner.
10.5 The Bid shall also contain a signed acknowledgment of receipt of all Addenda.
11 BID SECURITY
11.1 Bid security, in the form of a bid bond, certified check, or similar financial instrument, in the amount
stated in the Advertisement For Bids, must accompany each bid. Bid bonds for the difference in
price between low bidder and second low bidder will not be acceptable. The Successful Bidder's
security will be retained until Owner receives a signed Agreement and required Bonds and
' Certificates of Insurance. If the Successful Bidder fails to execute and deliver the Agreement and
furnish the required contract security within fifteen days after the Notice of Selection, Owner may
annul the Notice of Selection and the Bid security of that Bidder will be forfeited.
' 11.2 The Owner reserves the right to retain the security of the three low bidders until the Successful
Bidder enters into the Contract or until sixty (60) days after bid opening, whichever is sooner. Cash
equivalent security of the second and third low bidder maybe exchanged for an equivalent bid bond
after bid tabulations are complete or thirty (30) days after bid opening, whichever is sooner. If any
Bidder refuses to enter into an Agreement, Owner may retain Bidder's bid security as liquidated
' damages but not as a penalty.
' 12 PERFORMANCE BOND AND PAYMENT BOND
12.1 Prior to signing the Agreement, Contractor shall furnish a surety performance Bond and a payment
' Bond, equal to one hundred percent of the contract price.
12.2 Contractor shall include provisions in the bonds which will guarantee the faithful performance of the
prevailing hourly wage clause as required by the Arkansas Prevailing Wage Law, Arkansas Code
'Annotated § 22-9-308(d).
12.3 Contractor shall pay all expenses in connection with the obtaining of said Bonds. The Bonds shall be
'
conditioned that Contractor shall faithfully perform the contract and shall pay all indebtedness for
labor and materials furnished or performed in the construction of such alterations and additions as
prescribed in this contract.
12.4 The surety company issuing the Bonds must be a solvent company on the "Surety Companies Annual
List" issued by the U.S. Department of the Treasury, and the Bonds are not to be issued in an
amount greater than the underwriting limitations for the surety company as set out therein.
12.5 In Arkansas, prevailing law requires that performance and payment Bonds on public works contracts
shall be executed by a resident local agent who is licensed by the Insurance Commissioner to
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.
Shiloh Drive Widening April 15, 2004
City of Fayetteville Engineering Design Services Division Page 00100-5
I
' 12.6 The date of the Bonds, and of the Power of Attorney, must not be prior to the date of the contract.
At least six originals of the Bonds shall be furnished, each with Power of Attorney attached.
12.7 Bonds are to be approved by Owner. If any Bonds contracted for become unsatisfactory or
unacceptable to Owner after the acceptance and approval thereof, Contractor, upon being notified
to that effect, shall promptly execute and furnish acceptable Bonds in the amounts herein specified.
Upon presentation of acceptable Bonds, the unsatisfactory Bonds may be canceled at the discretion
of Contractor.
13 CONTRACT TIME
' 13.1 The number of days within which, or the dates by which the Work is to be substantially completed
and also completed and ready for final payment is outlined in the Bid Form.
14 LIQUIDATED DAMAGES
' 14.1 Provisions for liquidated damages, if any, are set forth in the Bid Form.
15 SUBCONTRACTORS SUPPLIERS AND OTHERS
' 15.1 Contractor shall not assign or sublet all or any part of this contract without the prior written
approval of Owner nor shall Contractor allow such subcontractor to commence work until approval
of workman's compensation insurance and public liability insurance as maybe required. Approval of
each subcontract by Owner will in no manner release Contractor from any obligations as set out in
the Drawings, Specifications, contract, and Bonds.
' 16 SUBSTITUTE AND "OR EQUAL" ITEMS
16.1 The contract, if awarded, will be on the basis of materials and equipment described in the Drawings
or specified in the Specifications without consideration of possible substitute or "or -equal" items.
However, a substitute or "or -equal" item of material or equipment may be furnished or used by
Contractor if acceptable to Engineer. Application for such acceptance will not be considered by
' Engineer until after the Effective Date of the Agreement. The procedure for submission of any such
application by Contractor and consideration by Engineer is set forth in the General Conditions and
may be supplemented in the General Requirements.
17 COMPLIANCE WITH STATE LICENSING LAW
17.1 A Contractor's License is required to bid this project in accordance with the requirements of Act
150, Arkansas Acts of 1965, the "Arkansas State Licensing Law for Contractors" for bids in excess of
$20,000.
I
Shiloh Drive Widening April 15, 2004
City of Fayetteville Engineering Design Services Division Page 00100-6
C]
1 .18 QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS
18.1 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within
five days after bid opening, upon Owner's or Engineers's request, detailed written evidence such as
financial data, present commitments, and other such data as may be called for. Each Bid must
contain evidence of Bidder's qualification to do business in the State of Arkansas.
' 19 DISQUALIFICATIONS OF BIDDERS
19.1 Any one or more of the following may be considered as sufficient for the disqualification of bidders
and the rejection of Bids.
19.2 More than one Bid Form for the same work from an individual, firm, partnership, or corporation
under the same or different names.
19.3 Evidence of collusion among bidders. Participants in such collusion may receive no recognition as
bidders for any future work.
19.4 Unbalanced Bid Forms in which the prices for some items are out of proportion to the prices for
other items, or changes written in, or amendments by letter, or failure to submit a unit price for each
item of work for which a bid price is required by the Bid Form, or failure to include all required
contract documents.
' 19.5 Lack of competency as revealed by the financial statement, experience, plant, and equipment
statements submitted. Lack of responsibility as shown by past work judged from the standpoint of
workmanship and progress.
19.6 Uncompleted work which, in the judgement of Owner, might hinder or prevent the prompt
' completion of additional work if awarded.
19.7 Being in arrears on existing contracts, in litigation with Owner, or having defaulted on a previous
contract.
19.8 Failure to attend the Pre -Bid Conference if applicable.
19.9 Failure to obtain Arkansas Contractor's License prior to Bid Opening.
' 20 OPENING OF BIDS
20.1 Bids will be opened and read aloud publicly at the place where Bids are to be submitted in a room to
I 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.
Shiloh Drive Widening April 15, 2004
City of Fayetteville Engineering Design Services Division Page 00100-7
I
21 CONSIDERATION OF BIDS
21.1 After the bids are opened and read, the quantities will be extended and totaled in accordance with
the bid prices of the accepted Bids. This review of the Bids will confirm the low bidder.
' 21.2 In evaluating Bids, Owner will consider the qualifications of Bidders, whether or not the Bids comply
with the prescribed requirements, and such alternates, unit prices, and other data as may be
requested in the Bid Form or prior to the Notice of Selection.
21.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other
persons and organizations proposed for those portions of the Work as to which the identity of
' Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the
Supplementary Conditions. Owner also may consider the operating costs, maintenance
requirements, performance data, and guarantees of major items of materials and equipment
' proposed for incorporation in the Work when such data is required to be submitted prior to the
Notice of Selection.
' 22 RIGHT TO REJECT BIDS
I
I
I]
I
22.1 Owner reserves the right to reject any and all Bids, to waive technicalities, and to advertise for new
bids. All Bids are subject to this reservation. Owner reserves to itself the right to decide which shall
be deemed the lowest responsive and responsible Bid. Due consideration will be given to the
reputation, financial ability, experience and equipment of the Bidder.
22.2 Owner also reserves the right to waive informalities not involving price, time or changes in the Work
and to negotiate contract terms with the Successful Bidder.
23 AWARDING OF CONTRACT
23.1 Owner reserves the right to withhold the awarding of a contract a reasonable period of time from the
date of opening bids, not to exceed sixty (60) days except with the consent of the Successful Bidder.
The awarding of a contract upon a successful Bid shall give the Bidder no right to action or claim
against Owner upon the contract until the contract is reduced to writing and signed by the
contracting parties. The letting of a contract shall not be complete until the contract is executed and
the necessary Bonds approved.
1 24 RETAINAGE
I
I
I
24.1 Provisions concerning retainage and Contractor's rights to deposit securities in lieu of retainage are
set forth in the Agreement.
25 SIGNING OF AGREEMENT
25.1 When Owner gives a Notice of Selection to the Successful Bidder, it will be accompanied by the
number of unsigned counterparts of the Agreement as indicated in the Supplementary Conditions,
with all other written Contract Documents attached. Within ten (10) days thereafter, Contractor
Shiloh Drive Widening April 15, 2004
City of Fayetteville Engineering Design Services Division Page 00100-8
I
' shall sign and deliver the required number of counterparts of the Agreement and attached
documents to Owner with the required Bonds & Certificate of Insurance. Within ten (10) days
thereafter Owner shall deliver one fully signed counterpart to Contractor.
' 26 MATERIALS GUARANTY
26.1 Before any contract is awarded Bidder may be required to furnish a complete statement of the
' origin, composition, or manufacture of any or all materials proposed to be used in the construction
of the Work, together with samples, which may be subjected to tests provided for in the
Specifications to determine their quality and fitness for the Work.
27 FAMILIARITY WITH LAWS
27.1 Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations
which in any manner affect those engaged or employed in the Work, or the materials or equipment
' used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances,
and regulations. No claim of misunderstanding or ignorance on the part of Contractor will in any
way serve to modify the provisions of the contract. No representations shall be binding unless
embodied in the contract.
1 28
I
I
L.
ri
I
I
I
ADDITIONAL LAWS AND REGULATIONS
Biddersattention is called to
the following laws
and regulations which
may have an impact on the
Work and on the preparation
of the Bid.
28.1 Americans With Disabilities Act
28.2 Storm water discharge regulations, enacted under the Clean Water Act and administered by the
Arkansas Department of Environmental Quality (ADEQ) under a general permits program.
Contractor may be required to obtain coverage under general permit ARR001000 prior to
commencing work at the site.
28.3 Arkansas Act 291 of 1993, dealing with excavation safety, signed into law on March 1, 1993.
28.4 Arkansas Prevailing Wage Law, Arkansas Code Annotated §§ 22-9-301 to 22-9-315 and the
administrative regulations promulgated thereunder.
End of Section 00100 - Instructions to Bidders
Shiloh Drive Widening April 15, 2004
City of Fayetteville Engineering Design Services Division Page 00100-9
Section 00300
BID FORM
Contract 04-36
Shiloh Drive Widening
Street & Drainage Improvements
Fayetteville, Arkansas
Bidof JOmL1n1SoM fiSQlk4-LT (h
organized and existing under the laws of the State of
or an individual doing business as
To: City of Fayetteville, (hereinafter called the "Owner"):
called "Bidder"), a corporation,
or a partnership,
The Bidder, in compliance with the Owner's Advertisement For Bids on May 10 & May 17, 2004, 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 80 consecutive calendar days
thereafter as stipulated in the General Conditions, and to fully complete the project within 100 consecutive
calendar days after that agreed date. The above calendar .days include. 20 non -workable days due to
inclement weather.
Bidder acknowledges receipt of the following addendum
Addendum No. Subject
4 —A
Shiloh Drive Widening April 29, 2004
City of Fayetteville Engineering Design Services Division Page 00300-1
e5,iQ'2e04 38:49 479-575-92(2 E?'GiUtERPIG C.C.F. .—. PAGE 0e ---
CITY OF FAY ETTE VILLE
S/fILOil DRIVE WIDENLVG
STREET& DRAINAGE IMPROVESXENTS
Alit # 04-36
' ADDE1\ DtrM #1
"11t:s Addendum #1 makes changes to the Specifications Should there be any conflicts between the
previous Plans andor Specifications and this addendum, this addendum supersedes those documents.
CHANGES TO THE SPECIFICATION'S:
Section 00300— BID FORM
Page 00300.4, Change Bid Items 15 & 16 to read as follows:
14 1,318 Sq. Yd- Two-inch AClili Surface Course (PG 7022 ai Nnsax —160)
15 1,+18 Sq. Yd. Four -inch ACHM Binder Course (PG 70-22.vl Nmax-160)
Section 01025 -MEASUREMENT AND PAYMENT
Page 01025•%, Change paragraph 1.9..M. and 1.9.N to read as follows
M. TwwinchACJCM Surface Course (PG 70-22) (Pav Item 14)
N, Four -inch ACil.MI Binder Course (PG 70-22)(Pay Item 15)
Ii
Ii
I
I
I
I
I
I
END OF ADDENDUM #1
The Bidder shall acknowledge receipt of the Addendum by reium fax. al well as, by submitting a signed
copy with his Proposal and acknowledging receipt on Page 00300-1 of the Bid Form.
Acknmvledged. by:
Note: This addendum becomes a part of t:,c bidding documents.
Ciw of Fay;acville
05/18/14
A71-1
I:
IShiloh Drive Widening _
' Item Estimated
No. Quantity Unit Description of Item and Unit Price Bid Total Amount
1 1 Lump Sum Mobilization
%/yw E±in&t
dollars ($ ��-4'0 )/LS $ 2,7,40
mount in figures in figures
2 1 Lump Sum .yConnsstruction Staking
t� �G✓ d- Aelt ��(n dollars ($3.41 0 ms $ 34O
' mount written m words in figures in figures
1 3 1 Lump Sum Excavation Safety
� � / 0
dollars (55(X) )/LS $ 500
amount written in words in figures in figures
' 4 1 Lump Sum Clearing and Grubbing
'—t �uvfti o t)%dollars ($ 3, /*tD )/LS $ 3 13m0
'' amount written in words in figures in figures
I
5 1 Lump Sum Maintenance ofTraffic
�/��a
I amount written in words in figures in figures
• 6 100 Lin Ft Sawcut - Asphalt
nn r 7 c� ___ dollars ($ %• 1 )/LF $ 1p,
amount written in words in figures in figures
1
'• Shiloh Drive Widening April 29, 2004
City of Fayetteville Engineering Design Services Division Page 00300-2
Ii
Item Estimated
No. Ouantity Unit
Description of Item and Unit.Price Bid Total Amount
7 1,790 Lin Ft % Remove & Dispose Curb & Gutter
SZ)`9.1I / /60 dollars ($ • t8 )/LF $ s /SS
amount written in words in figures in figures
8 3 Each Remove & Dispose Drop Inlet
1-�--
dollars ($635 )/EA $
amount written in word in figures in figures
1
9 1,960 Cu Yd Unclassified Excavation
• dollars ($ �a = )/CY $ C 13, S ZO
amount writtenin words in figures in figures
10 .1,265 Cu Yd
Compacted Embankment . Select Hillside Material (Borrow)
_ AC ti,go dollars ($ J(a )/CY $ a ►r 3a z Gfl
amount written in words in figures in figures
11 500 Cu Yd - / Undercut & Backfill
dollars ($R4 0 34 )/CY $ / 2-� /7D
amo t written in words in figures in figures
12 1,892 Sq Yd Six-inch Aggregate Street Base Course (Class 7)
87 O+
tsct //oo dollars ($ & )/SY $ 1 Z/ 9iS
amount written in words in figures in figures
13 11,,727 Lin Ft cap Concrete Curb and Gutter
$o
dollars ($ B )/LF $ /4, 677
amount written in words in figures in figures
14 1,318 Sq Yd. Two-inch ACHM Surface Course (;pema) Z 10
37—
!�'d�
I - /& z4 dollars ($ )V I )/SY $ / -
amount written in words in figures in figures
Shiloh Drive Widening April 29, 2004
City of Fayetteville Engineering Design Services Division Page 00300-3
F
Item Estimated
No. Ouantity Unit Description of Item and Unit Price Bid Total Amount
15 1,318 Sq Yd Four -inch ACHM Binder Course j-fpe-i) f¼ 70- Z2
�9-- I' IS /8 Z4
4 n ` �"" I`p dollars ($ AC )/SY $g10 o07
amount written in words in figures in figures
16 50 Tons Aggregate Base (Class 7)
I
� dollars ($_i'
)/IN $
amount written in words in figures in figures
17 29 Lin Ft 18 -inch Reinforced Concrete Pipe (RCP)
o
/w dollars . ($ i'pj )/L.F $_3,14-9
amount written words in figures in figures
18 4 Each 4 Ft x 4FttTType'C' Drop Initett
00 W
untut�t n in wor /Ical dollars ($ o2T 7 Z )/EA $ 9 flY
ount written in words in figures n figures
19 4 Each
Drop Inlet Extension (4 FT)
_________________________dollars '1
($_SOO )/EA $ Z/ OD[ -
amount written in words in figures in figures
20 1 `Each 18" Concrete Flared End Section
�11 ( +/ -> dollars ($ 600 )/E $ pO
amount written in words in figures in figures
21 1 Lump Sum Adjust Existing Drop Inlet to Grade
m
dollars ($ /,&�S)/LS $
amount written in wor s in figures in figures
22 0.40 Acres Seeding and Mulching
fPninwordA_/°ct w+dollars (1424Th/AC3$ t S�
am unt written in words in figures in figures
Shiloh Drive Widening April 29, 2004
City of Fayetteville Engineering Design Services Division Page 00300-4
U:
i
Item Estimated
No. Quantity Unit Description of Item and Unit Price Bid
23 220 Cu Yd Imported Top Soil
�iZti a,
dollars ($)/CY
amount 'tten in words in figures
24 100 Sq. Ft. Solid Sodding
dollars ($ )/SF
amount written in words in figures
Total Amount
$ 5-I 7,60 `n
in figures
$ 2O0
in figures
25 ]r1,750 Lin Ft Double 6 -inch Yellow Line Pavement Markings (Thermoplastic)
aGt( /017 dollars ($_/ a s )/LF ro
amount written in wo ds in figures in figures
26 880 Lin Ft 6 -inch White Line Pavement Markings (Thermoplastic)
Zo •dollars ($ O )/LF $ S� 3
amount written in words— in figures in figures
27 315 Lin Ft. 12 -inch Yellow Diagonal Pavement Markings (Thermoplastic)
CTZ rc G�.- c� S� 7_r
/tXJ dollars ($ s )/I.F $ )t 8 1
amount written in wor s in, figures in figures
28 85 Lin Ft 24 -inch White Pavement Marking (Thermoplastic)
So
/VVW.W�C�63/!.O dollars ($ /t )/LF
amount written in wor s in figures
29 / 16 Each White Pavement Marking Arrows (Thermoplastic)
I! LYY ' dollars ($34 )/EA
amount written in words in figures
30 2 Each Drop Inlet Silt Fence (E-6)
t D
iltC,4,- c o to dollars ($ _/ 0D )/EA
amount written in words in figures
Shiloh Drive Widening
City of Fayetteville Engineering Design Services Division
so
0(vL -
in figures
00
in figures
$ C200
in figures
April 29, 2004
Page 00300-5 .._ ..
Item Estimated
No. Ouantity Unit Description of Item and Unit Price Bid Total Amount
31 5 Each Baled Straw Ditch Check (E-1)
11 vo m
f'i dollars ($ %S— )/EA
amGkitten in words in figures in figures
32 305 Lin Ft Tree Protection Fencing
oP' �! 4
dollars ($)/LF $
amount written in words in figures in figures
33 1 Lump Sum Relocate Traffic Mirror & Post
oZ
dollars ($ 2LSO )/LS
amount written in words in figures
34 1 Lump Sum Existing Pavement Marking Removal
Cr ,LA- dollars ($I QIPO )/LS
amount written in words in figures
PROJECT BASE
$ aso
in figures
$ 14&0
in figures
7S
$
Shiloh Drive Widening April 29, 2004
City of Fayetteville Engineering Design Services Division Page 00300-6
The Bidder shall state the price bid in words and figures (written in ink or typed) for each pay item, and the total
bid. In case of conflict between words and figures, the words, unless obviously incorrect, shall govern.
Bidder understands that the Owner reserves the right to award the total project, or to reject any or all bids and
to waive any formalities in the bidding.
Bidder agrees that this
Bid shall be good
and will not be withdrawn for a period
of 60 calendar days after the
scheduled closing time
for receiving bids.
Respectfully submitted,
MI. YAdX4otc
Address
I / i . /YI •._
City State
[1
'Arkansas State Contractor's License Number
* A Contractor's License is required to bid this project.
End of Section 00300 - Bid Form
Shiloh Drive Widening
City of Fayetteville Engineering Design Services Division
April 29, 2004
Page 00300-7
CJ
Section 00500
AGREEMENT
BETWEEN CITY OF FAYETTEVILLE AND TOMLINSON ASPHALT COMPANY, INC.
THIS AGREEMENT is dated as of the mek day of eltwn.L_ in the year 2004 by and
between the City of Fayetteville, Arkansas and Tomlinson Asphalt Company, Incorporated.
The CITY OF FAYETTEVILLE and TOMLINSON ASPHALT COMPANY, INC., in consideration of the mutual
covenants hereinafter set forth, agree as follows:
Article 1. WORK.
TOMLINSON ASPHALT COMPANY shall complete all Work as specified or indicated in the Contract Documents.
The work generally consists of the widening of approximately 1,850 L.F. of street from 31 feet to 39
feet in width with curb & gutter and associated earthwork, below ground storm sewer, drainage
structures, and all items indicated in the Drawings and Specifications.
Article 2. ENGINEER.
The Project has been designed by
City of Fayetteville Engineering Design Services Division
113 W. Mountain Street
Fayetteville, Arkansas 72701
who is hereinafter called ENGINEERING DIVISION and who is to act as the CITY OF 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 80 consecutive calendar days after the date when the
Contract Time commences to run as provided in paragraph 2.03 of the General Conditions, and completed
and ready for final payment in accordance with paragraphs 14.07.B & C of the General Conditions within 100
consecutive calendar days after the date when the Contract Time commences to run. The calendar days as
specified include 20 non -workable days due to inclement weather.
3.2. Liquidated Damages. The CITY OF FAYETTEVILLE and TOMLINSON ASPHALT COMPANY
recognize that time is of the essence of the Agreement and that the CITY OF FAYETTEVILLE will suffer
financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus and
extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the
delays, expense and difficulties involved in proving the actual loss suffered by the CITY OF
FAYETTEVILLE if the Work is not completed on time. Accordingly, instead of requiring any such proof,
the CITY OF FAYETTEVILLE and TOMLINSON ASPHALT COMPANY agree that as liquidated
Shiloh Drive Widening May 25, 2004
City of Fayetteville Engineering Design Services Division Page 00500-1
damages for delay (but not as a penalty) TOMLINSON ASPHALT COMPANY shall pay the CITY OF
FAYETTEVILLE Five hundred dollars ($500.00) for each day that expires after the time specified in
paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial
Completion, if 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 the CITY OF FAYETTEVILLE, TOMLINSON ASPHALT COMPANY shall pay the CITY OF
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.
The CITY OF FAYETTEVILLE shall pay TOMLINSON ASPHALT COMPANY for completion of the
Work in accordance with the Contract Documents an amount in current funds equal to the sum of the
amounts determined from the following Schedule of Values pursuant to paragraphs 4.1 and 4.2 below:
4.1. for all Work other than Unit Price Work, an amount equal to the sum of the established lump sums for
each separately identified item of Lump Sum Work; and
4.2. for all Unit Price Work, an amount equal to the sum of the established unit price for each separately
identified item of Unit Price Work times the estimated quantity of that item as indicated in this paragraph 4.2.
SHILOH DRIVE WIDENING
PAY ITEMS
Item
Estimated
No.
Item Description
Unit
Quantity
Unit Price I Extended Price
2
Construction Staking
LS
1
$3,470.00
$3,470.00
3
Excavation Safety
LS
I
$500.00
$500.00
4
Clearing & Grubbing
LS
1
$3,120.00
$3,120.00
5
Maintenance of Traffic
LS
1
$11,995.00
$11,995.00
6
Sawcut (Asphalt)
LF
100
$1.88
$188.00
7
Remove & Dispose Curb & Gutter
LF
1,790
$2.88
$5,155.20
8
Remove & Dispose Drop Inlet
EA
3
$635.00
$1,905.00
9
Unclassified Excavation
CY
1,960
$12.00
$23,520.00
10
Compacted Embankment — Select Hillside Material (Borrow)
CY
1,265
$16.84
$21,302.60
II
Undercut & Backtill
CY
500
$24.34
$12,170.00
12
Six-inch Aggregate Street Base Course (Class 7)
SY
1,892
$6.87
$12,998.04
13
Concrete Curb and Gutter
LF
1,727
$8.50
$14,679.50
14
Two-inch ACHM Surface Course (PG 70-22)
SY
1,318
$10.24
$13,496.32
15
Four -inch ACHM Surface Course PG 70-22)
SY
1,318
$15.18
$20,007.24
16
Aggregate Base (Class 7)
Tons
50
$18.00
$900.00
Shiloh Drive Widening May 25, 2004
City of Fayetteville Engineering Design Services Division Page 00500-2
17
18 -inch Reinforced Concrete Pipe (RCP)
LF
29
$108.60
$3,149.40
18
4 Ft x 4 Ft Type 'C' Drop Inlet
EA
4
$2,472.00
$9,888.00
19
Drop Inlet Extension (4 Ft)
EA
4
$500.00
$2,000.00
20
18" Concrete Flared End Section
EA
I
$600.00
$600.00
21
Adjust Drop Inlet to Grade
LS
1
$1,665.00
$1,665.00
22
Seeding & Mulching
AC
0.40
$4,375.00
$1,750.00
23
Imported Top Soil
CY
220
$24.00
$5,280.00
24
Solid Sodding
SF
100
$2.00
$200.00
25
Double 6" Yellow Line Pavement Markings (Thermoplastic)
LF
1,750
$1.25
$2,187.50
26
6" White Line Pavement Markings (Thermoplastic)
LF
880
$0.64
$563.20
27
12" Yellow Diagonal Pavement Markings (Thermoplastic)
LF
315
$5.75
$1,811.25
28
24" White Pavement Markings (Thermoplastic)
LF
85
$12.50
$1,062.50
29
White Pavement Marking Arrows (Thermoplastic)
EA
16
$345.00
$5,520.00
30
Drop Inlet Silt Fence (E-6)
EA
2
$100.00
$200.00
31
Baled Straw Check E-1
EA
5
$75.00
$375.00
32
Tree Protection Fencing
LF
305
$2.00
$610.00
33
Relocate Traffic Mirror & Post
LS
I
$250.00
$250.00
34
Existing Pavement Marking Removal
LS
I
$1,460.00
$1,460.00
TOTAL CONSTRUCTION COST $186,218.75
As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations
of actual quantities and classifications are to be made by the ENGINEERING DIVISION as provided in paragraph 9.08
of the General Conditions. Unit prices have been computed as provided in paragraph 11.03.B of the General
Conditions.
Article 5. PAYMENT PROCEDURES
TOMLINSON ASPHALT COMPANY shall submit Applications for Payment in accordance with Article 14 of the
General Conditions or as modified in the Supplementary Conditions. Applications for Payment will be processed by
the ENGINEERING DIVISION as provided in the General Conditions.
5.1. Progress Payments. The CITY OF FAYETTEVILLE shall make progress payments on account of the
Contract Price on the basis of TOMLINSON ASPHALT COMPANY'S Applications for Payment as
recommended by the ENGINEERING DIVISION, on or about the I st day of each month during construction
as provided in paragraphs 5.1 .1 and 5.1.2 below and SC -14.02. All such payments will be measured by the
schedule of values established in paragraph 2.07 of the General Conditions and based on the number of units
completed in the case of Unit Price Work or, in the event there is no schedule of values, as provided in the
General Requirements.
5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the
percentage indicated below, but, in case, less the aggregate of payments previously made and less
such amounts as the ENGINEERING DIVISION shall determine, or the CITY OF FAYETTEVILLE
may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions.
Shiloh Drive Widening May 25, 2004
City of Fayetteville Engineering Design Services Division Page 00500-3
II
II
' 90 percent of Work completed (with the balance of 10 percent being retainage), If Work has
been 50 percent completed as determined by the ENGINEERING DIVISION, and if the
character and progress of the Work have been satisfactory to the CITY OF
' FAYETTEVILLE and the ENGINEERING DIVISION, the CITY OF FAYETTEVILLE, on
recommendation of the ENGINEERING DIVISION, may determine that as long as the
character and progress of the Work remain satisfactory to them, there will be no additional
' retainage on account of work completed, in which case the remaining progress payments
prior to Substantial Completion will be in an amount equal to 100 percent of the Work
completed.
' 100 percent of materials and equipment not incorporated in the Work but delivered, suitably
stored, and accompanied by documentation satisfactory to the CITY OF FAYETTEVILLE
as provided in
paragraphs 14.02.11.5 & 14.02.D
of the General Conditions.
That is, if any
'
such items are
setup for that type payment
in
the Specifications.
' 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to
TOMLINSON ASPHALT COMPANY to 98 percent of the Contract Price (with the balance of 2
percent being retainage), less such amounts as the ENGINEERING DIVISION shall determine, or
the CITY OF FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D
'of the General Conditions.
5.3 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraphs
' 14.07.B & C of the General Conditions, the CITY OF FAYETTEVILLE shall pay the remainder of the
Contract Price as recommended by the ENGINEERING DIVISION as provided in said paragraphs 14.07.E &
C.
Article 6. CONTRACTOR'S REPRESENTATIONS.
In order to
induce
the
CITY OF FAYETTEVILLE
to enter into this Agreement TOMLINSON ASPHALT
COMPANY
makes
the
following representations:
6.1. TOMLINSON ASPHALT COMPANY 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. TOMLINSON ASPHALT COMPANY 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. TOMLINSON ASPHALT COMPANY 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. TOMLINSON ASPHALT COMPANY 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. TOMLINSON
ASPHALT COMPANY accepts the determination set forth in paragraph SC -4.02 of the Supplementary
Shiloh Drive Widening May 25, 2004
City of Fayetteville Engineering Design Services Division Page 005004
I
I
I
Li
[1
I
I
Li
I
I
Ii
I
I
H
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.
TOMLINSON ASPHALT COMPANY acknowledges that such reports and drawings are not Contract
Documents and may not be complete for TOMLINSON ASPHALT COMPANY purposes. TOMLINSON
ASPHALT COMPANY acknowledges that the CITY OF FAYETTEVILLE and the ENGINEERING
DIVISION do not assume responsibility for the accuracy or completeness of information and data shown or
indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site.
TOMLINSON ASPHALT COMPANY has obtained and carefully studied (or assumes responsibility for
having done so) all such additional supplementary examinations, investigations, explorations, tests, studies,
and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site
or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any
aspect of the means, methods, techniques, sequences, and procedures of construction to the employed by
TOMLINSON ASPHALT COMPANY and safety precautions and programs incident thereto. TOMLINSON
ASPHALT COMPANY 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. TOMLINSON ASPHALT COMPANY is aware of the general nature of work to be performed by the
CITY OF FAYETTEVILLE and others at the site that relates to the Work as indicated in the Contract
Documents.
6.6. TOMLINSON ASPHALT COMPANY has correlated the information known to TOMLINSON
ASPHALT COMPANY, 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. TOMLINSON ASPHALT COMPANY has given the ENGINEERING DIVISION written notice of all
conflicts, errors, ambiguities, or discrepancies that TOMLINSON ASPHALT COMPANY has discovered in
the Contract Documents and the written resolution thereof by the ENGINEERING DIVISION is acceptable
to TOMLINSON ASPHALT COMPANY and the Contract Documents are generally sufficient to indicate
and convey understanding of all terms and conditions for performance and furnishing of the Work.
Article 7. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between the CITY OF FAYETTEVILLE and
TOMLINSON ASPHALT COMPANY concerning the Work consist of the following:
' 7.1. This Agreement (pages Ito 8, inclusive).
Ii
I
7.2. Performance and Payment Bonds, (Exhibits A and B respectively).
7.3. Certificates of Insurance, (Exhibit C).
7.4. Documentation submitted by TOMLINSON ASPHALT COMPANY prior to signing Agreement.
7.5. General Conditions (pages 1 to 42, inclusive).
Shiloh Drive Widening
City of Fayetteville Engineering Design Services Division
May 25, 2004
Page 00500-5
I
7.6. Supplementary Conditions (pages 1 to 13 inclusive).
7.9. Specifications consisting of Divisions I through 3 as listed in table of contents thereof.
7.10. Addenda numbers 0 to I , inclusive.
7.11. One sets of drawings (not attached hereto) consisting of a cover sheet and additional sheets numbered
I through 15 with each sheet bearing the following general title:
Shiloh Drive Widening
7.12. The following which may be delivered or issued after the Effective Date of the Agreement and are
not attached hereto:
7.12.1. Notice to Proceed
7.12.2. All Written Amendments and other documents amending, modifying or supplementing the
Contract Documents pursuant to paragraph 3.04 of the General Conditions.
The documents listed
in paragraphs 7.2 et seq.
above are attached to this Agreement
(except
as expressly noted
otherwise above).
There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only
be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions.
Article 8. MISCELLANEOUS.
8.1. Terms used in the Agreement which are defined in Article I of the General Conditions will have the
meanings indicated in the General Conditions.
' 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be
binding on another party hereto without the written consent of the party sought to be bound; and, specifically
but without limitation, moneys that may become due and moneys that are due may not be assigned without
' such consent (except to the extent that the effect of this restriction may be limited by law), and unless
specifically stated to the contrary in any written consent to an assignment no assignment will release or
discharge the assignor from any duty or responsibility under the Contract Documents.
8.3. The CITY OF FAYETTEVILLE and TOMLINSON ASPHALT COMPANY each binds itself, it
partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors,
assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the
Contract Documents.
8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or
Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon
stricken provision or part thereof with a valid and enforceable provision that comes as close as possible
expressing the intention of the stricken provision.
Shiloh Drive Widening May 25, 2004
City of Fayetteville Engineering Design Services Division Page 00500-6
8.5. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed
without a prior formal contract amendment approved by the Mayor and the City Council in advance of the
change in scope, cost or fees.
8.6. Freedom of Information Act. CITY OF FAYETTEVILLE contracts and documents prepared while
performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of
Information Act request is presented to the CITY OF FAYETTEVILLE, the (contractor) will do everything
possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of
Information Act (A.C.A. §25-19-101 et. Seq.). Only legally authorized photocopying costs pursuant to the
FOIA may be assessed for this compliance.
8.7. This contract must be interpreted under Arkansas Law.
Shiloh Drive Widening May 25, 2004
City of Fayetteville Engineering Design Services Division Page 00500-7
■I
IN WITNESS WHEREOF, the CITY OF FAYETTEVILLE and TOMLINSON ASPHALT COMPANY have
signed this Agreement in quadruplicate. One counterpart each has been delivered to the CITY OF FAYETTEVILLE
and the ENGINEERING DIVISION, and two counterparts have been delivered to TOMLINSON ASPHALT
COMPANY. All portions of the Contract Documents have been signed, initialed, or identified by the CITY OF
FAYETTEVILLE and TOMLINSON ASPHALT COMPANY or identified by the ENGINEERING DIVISION on
their behalf.
This Agreement will be effective on vfn_ IlJ , , 2004 (which is the Effective Date of the
Agreement).
OWNER: City of Fayetteville
By:
Mayor Dan Coody
j
[CORPORATE SI_1gFAYETTEVILLE
Address for giving notices
(If OWNER is a public body, attach
evidence of authority to sign and
resolution or other documents
authorizing execution of Agreement.)
Shiloh Drive Widening
City of Fayetteville Engineering Design Services Division
CONTRACTOR: Tomlinson Asuhalt
Company, Incorporated
tIJ/f%/
ay:
Title -
y
[CORPORATE,' SEALj_ AT
_
*Attest 4a ASS T»� fA A�
* If a Corporation, attest by the Secretary.
Address for giving notices
License No.
Agent for service of process:
(If CONTRACTOR is a corporation, attach
evidence of authority to sign)
May 25, 2004
Page 00500-8
I
I
I
I
Li
I
I
I
I
I
I
11
I
I
C
I
I
Exhibit A
PU 319 0) 9 irixi II]
Shiloh Drive Widening
City of Fayetteville Engineering Design Services Division
April 29, 2004
Page 00500-9
I
I
I
I
I
J
I
I
I
I
CJ
I
I
I
I
I
Exhibit B
PAYMENT BOND
Shiloh Drive Widening
City of Fayetteville Engineering Design Services Division
April 29, 2004
Page 00500-10
CB -209
' Clms2 ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND
Bond No. 58616707
We, Tomlinson Asphalt Company, Inc. -------...__.....--------...................._............_........_.......--------------.._..-------._._....._.......,
' as Principal, hereinafter called Principal, and
— -- —--------------------------------- — ----.. , as Surety,
' hereinafter called Surety, are held and firmly bound unto ....-City of _ Fayetteville, AR. -
..............._................__...---------------------------....._............................-------...........-------......--------.....-.........._..................._............_.._.....--......---.._....--......---...............
as Obligee, hereinafter called Owner, in the amount of ....._One Hundred- Eighty x Thousand Two Hundred
Eighteen and 75/100 . .. 186 218.75 j
. --------._..... —----...---------------.............._............... ..._..._.......-- Dollars($ ---- - '
for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives, successors and assigns,
jointly and severally, firmly by these presents.
Principal has by written agreement dated .............-.....-----------.......----------------------- -------------------------------------------------------------------
Shiloh Drive Widening Street 6 Drainage Improvements
entered into a contract with Owner for .-........---.:.- -- ... ....... -
U
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. .
The condition of this obligation is such that if the Principal shall faithfully perform the Contract on his part and shall fully
'indemnify and save harmless the Owner from all cost and damage which he may suffer by reason of failure so to do and shall fully
reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any such default, and, further,
that if the Principal shall pay all persons all indebtedness for labor or materials furnished or performed under said contract
failing which such persons shall have a direct right of action against the Principal and Surety jointly and severally under this
obligation, subject to the Owner's priority, then this obligation shall be null and void; otherwise it shall remain in full force and
' effect.
No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit; action or proceeding shall be
brought on this bond except by the Owner after twelve months from the date final payment is made on the Contract, nor shall any
suit, action or proceeding be brought by the Owner after two years from the date on which the final payment under the Contract
falls due.
Any alterations which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the Owner
of any extension of time for the performance of the Contract, or any other forbearance on the part of either the Owner or the
'Principal to the other shall not in any way release the Principal and the Surety or Sureties, or either or any of them, their heirs,
personal representatives, successors or assigns from their liability hereunder, notice to the Surety or Sureties of any such
alteration, extension or forbearance being hereby waived.
In no event shall the aggregate liability of the Surety exceed the sum set out herein.
Executed on this . 25.th._--------.._.....-........._.......... day of ._.._..._..._June..........-----._ ..............-- x19 2004
I
1 I
Western Surety Company
----------------------------------Surety-----------------.....------..._....
By........... --- ---...... ..........................
Brenda Smith. Attorney -in -Fact
NOTICE
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure
notice for bonds and certain insurance policies on which one or more of the Writing Companies
identified below is the surety or insurer.
To principals on bonds and insureds on certain insurance policies written by any one or more of
the following companies (collectively the "Writing Companies") as surety or insurer: Western
Surety Company, Universal Surety of America, Surety Bonding Company of America,
Continental Casualty Company, National Fire Insurance Company of Hartford, American
Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The
Continental Insurance Company.
DISCLOSURE OF PREMIUM
The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars
($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM
LOSSES
The United States will pay ninety percent (90%) of covered terrorism losses exceeding the
applicable surety/insurer deductible.
I
Form F7310
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Linda Frey, John Gerety, John M Elliott, Diane Cowan, William W Bussey Jr, Carolyn A
Cory, Brenda Smith, Individually
of Little Rock, AR its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instrunnnts were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is.made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Wituesa Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seat to
be hereto affixed on this 15th day of September, 2003.
WESTERN SURETY COMPANY
Paul . Bruflat, Senior Vice President
State of South Dakota 1 u
County of Minnehahe f
On this 15th day of September. 2003, before n¢ personally came Paul T. Bmflat, to me known, who, being by me duly sworn, did depose and say: that
,he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and
which executed the above instrument; that he knows the seal of said corporation: that the seal affixed to the said instmmernt is such corporate seal; that it was
so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges sane to be the act and deed of said corporation.
My commission expires ,rrrrrrrwrrrNrrrrrrrrrrr
$ D. KRELL
November 30, 2006 NOTARY PUBLIC
DAKOTA*)
i k SO UTR Di
Arrrrrrrrrrrrwrrrrrrrr
D. Krell, No Public
CERTIFICATE
I,.L Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force; and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my narrc. and sirtied the seal of the said corporation this a��—^ day of _er
V nP
--
1
Wasrre
WESTERN SURETY COMPANY
Form F428a01-02
L Nelson, Assistant Secretary
Authorizing By -Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders
of the Company. _
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
\'I
I 1
[ I
I
1
I
I
I
I
I
I
I
I
I
I
I
I
I
Exhibit C
CERTIFICATES OF INSURANCE
Shiloh Drive Widening April 29, 2004
City of Fayetteville Engineering Design Services Division Page 00500-11
I
T
ACORD CERTIFICATE OF LIABILITY INSURANCE TOY -2
2
DATE(MM DO YYYY)
06 24/04
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Rebsamen Insurance Inc (LR)
1500 Riverfront Drive
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Little Rock AR 72202
Phone: 501-661-4800 Fax:501-666-9592
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
INSURER A: aridgefield Casualty Insurance
10335
INSURER B:
INSURER C:
Tomlinson Asphalt Company Inc.
1411 West Van Asche
Fayetteville AR 72703-0000
INSURERD:
--
INSURER E:
�VERAGES
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. ___
LTR
NSRrAGGREGATELIMIT
NSURANCE
Y
GENERAL LIABILITY
ADE OCCUR
POLICY NUMBER
POLE? EFFECTIVE
DATE MM/DDM'
POLiCY EXPIRATION
DATE MM/DDIYY
LIMITS
EACH OCCURRENCE
5
PREMISES �Ea aaaaence
$
MED EXP (My pre person)
$
PERSONAL A ADV INJURY
$
GENERAL AGGREGATE
$
PRODUCTS-COMP/OP AGG
$
LIMIT APPLIES PER:
JEC LOC
AUTOMOBILE
LIABILITY
ANYAUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
COMBINED SINGLE LIMB
(Ea accident)
$
BODILY INJURY
(Per person)
$
BODILY INJURY
(Per accident)
5
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
ANY AUTO
AUTO ONLY-EAACCIDENT
f
OTHER THAN EAACC
AUTO ONLY: AGO
$
S
EXCESS/UMBRELLA LIABILITY
OCCUR CLAIMS MADE
DEDUCTIBLE
RETENTION $
.
EACH OCCURRENCE
$
AGGREGATE
$
S
$
A
WORKERS COMPENSATION AND
EMPLOYERS LIABILITY
ANY PROPRIETOR?ARTNER/EXECLITNE
OFFICER/MEMBER EXCLUDED?
tl yyeess.. desWEe undo
SPECIAL PROVISIONS Edow
0187-00001
08/01/03
08/01/04
TORY LIMITS
ER
E.L. EACH ACCIDENT
s500000
E.L. DISEASE- EA EMPLOYE
5500000
E.L. DISEASE - POLICY LIMB
5500000
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS
I
rcoTICIrATr UnI nrSt CANCELLATION
CIOF-15
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Fayetteville
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
Engineering
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Ron Petrie
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
113 W. Mountain
Fayetteville AR 72701
REPRESENTATIVES. P
AtiyqRIZCD REPRE TATIVE
' ACORD 25 (2001/0B) // v Q ACORD CORPORM l lvn Ieoo
NOTICE TO PROCEED
TO: DATE:
PROJECT: SHILOH DRIVE WIDENING
You are hereby notified to commence WORK in accordance with the Contract dated
on or before ________________,and you are to substantially complete the WORK within
EIGHTY (80) consecutive calendar days thereafter, and have the Work complete and ready for final payment
within ONE HUNDRED (100) consecutive calendar days thereafter. The date for Substantial completion is
therefore , 2004. The date for final completion is therefore 2004.
The above calendar days include TWENTY (20) non -workable days due to inclement weather.
CITY OF FAYETTEVILLE, ARKANSAS
Owner
Engineering Design Services Manager
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED is hereby acknowledged by
this the day of
Title
2004.
Shiloh Drive Widening April 29, 2004
City of Fayetteville Engineering Design Services Division Page 00500-12
This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or
modification. This document should be adapted to the particular circumstances of the contemplated Project and the
Controlling Law.
STANDARD
GENERAL CONDITIONS
•
OF THE
I CONSTRUCTION CONTRACT
IPrepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
and
Issued and Published Jointly By
0 ' `IO National Society of
Professionalnal Engineers
AMERICAN CONSULTING Prolesslonal Engineers In Private Practice AMERICAN SOCIETY OF
ENGINEERS COUNCIL CIVIL ENGINEERS
' PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
a practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
I
I
I
I
I
I
I
AMERICAN CONSULTING ENGINEERS COUNCIL
AMERICAN SOCIETY OF CIVIL ENGINEERS
This document has been approved and endorsed by
The Associated General yRc Contractors of America
Construction Specifications Institute
M faWu[LLn
�K�OI
These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910-8-A-1 or 1910-
8-A-2) (1996 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other.
Comments concerning their usage are contained in the EJCDC User's Guide (No. 1910-50). For guidance in the
preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17)
(1996 Edition).
EJCDC No. 1910-8 (1996 Edition)
I
y.4
,..
Copyright 01996
National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314
American Consulting Engineers Council
1015 15th Street N.W., Washington, DC 20005
American Society of Civil Engineers
345 East 47th Street, New York, NY 10017
00700-2
C
TABLE OF CONTENTS
Page
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY ..................................... 00700 - 6
1.01 Defined Terms ................................................... 00700 -6
1.02 Terminology ..................... ......................... 00700 -8
.......
ARTICLE 2 - PRELIMINARY MATTERS ............................................ 00700 - 9
2.01 Delivery of Bonds ................................................. 00700 -9
I. 2.02 Copies of Documents ............................................... 00700 - 9
2.03 Commencementof Contract Times; Notice to Proceed .......................... 00700-9
2.04 Starting the Work ................................................. 00700 - 9
2.05 Before Starting Construction .......................................... 00700 - 9
' 2.06 Preconstruction Conference ........................................... 00700 - 10
2.07 Initial Acceptance of Schedules ........................................ 00700- 10
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE .................... 00700 - 10
' 3.01 Intent ........ ............................. ................... 00700-10
3.02 Reference Standards ........................• ...................... 00700 - 10
3.03 Reporting and Resolving Discrepancies ................................... 00700 - 11
3.04 Amending and Supplementing Contract Documents .......................... 00700 - 11
3.05 Reuse of Documents ............................................... 00700 - 11
ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS .............................................. 00700 - 11
' 401 Availability of Lands .............................................. 00700 - 11
4.02 Subsurface and Physical Conditions ..................................... 00700-12
4.03 Differing Subsurface or Physical Conditions ................................ 00700 - 12
• ' 4.04 Underground Facilities ............... ........... 00700 - 13
..................
4.05 Reference Points.................................................00700 - 13
4.06 Hazardous Environmental Condition at Site ................................ 00700 - 14
' ARTICLE 5 - BONDS AND INSURANCE ........................................... 00700 - 15
5.01 Performance, Payment, and Other Bonds ................................. 00700-15
5.02 Licensed Sureties and Insurers ........................ ............ 00700 - 15
..:.
5.03 Certificates of Insurance ............................................ 00700 - 15
I. 5.04 CONTRACTOR's Liability Insurance....................................00700 - 15
5.05 OWNER's Liability Insurance.........................................00700 - 16
5.06 Property Insurance ............................................... 00700 - 16
5.07 - Waiver of Rights..................................................0:7)c) - 17
5.08 Receipt and Application of Insurance Proceeds .............................. 00700 - 18
5.09 Acceptance of Bonds and Insurance; Option to Replace ........................ 00700 - 18
' 5.10 Partial Utilization, Acknowledgment of Property Insurer .....................00700-18
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES .... 00700-18
6.01 Supervision and Superintendence ....................................... 00700 - 18
6.02 Labor; Working Hours ............................................. 00700 - 19
6.03 Services, Materials, and Equipment ..................................... 00700 - 19
6.04 Progress Schedule..............................00700 - 19
6.05 Substitutes and "Or -Equals" .......................................... 00700 - 19
' 6.06 Concerning Subcontractors, Suppliers, and Others ............................ 00700-20
6.07 Patent Fees and Royalties ........................................... 00700 - 21
6.08 Permits .......................... ............... ..............00700-21
6.09 Laws and Regulations...................................()C)70() - 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
Ii
6.16 Emergencies.................................................... 00700 -23
6.17 Shop Drawings and Samples ........... . .• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 23
6.18 Continuing the Work ............................................... (307(30-24
6.19 CONTRACTOR's General Warranty and Guarantee ........................... 00700-25
6.20 Indemnification.................................................. 00700 - 25
ARTICLE7-OTHER WORK ................................................... 00700.26
7.01 Related Work at Site ............................................... 00700 -26
7.02 . Coordination................................................... 00700 - 26
ARTICLES -OWNER'S RESPONSIBILITIES ........................................ 00700-26
8.01 Communications to Contractor ........................................ 00700 - 26 ,
8.02 Replacement of ENGINEER .......................................... 00700 - 26
8.03 Furnish Data*.............................. 00700 -26
8.04 Pay Promptly When Due ............................................ 00700 - 26 '
8.05 Lands and Easements; Reports and Tests .................................. 00700-26
8.06 Insurance ..................................................... 00700-27
8.07 Change Orders .................................................. 00700-27 ,
8.08 Inspections, Tests, anti 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...........................())7C)() - 27
9.04 Clarifications and Interpretations ...................................... 00700-28
9.05 Authorized Variations in Work ......................................... 00700 - 28 ,
9.06 Rejecting Defective Work ............................................ 00700 - 28
9.07 Sho Drawin s, Chan a Orders and P menu P 8 8 ay......00700-28 _
9.08 Determinations for Unit Price Work..............................00700 - 28
9.09 Decisions on Requirements of Contract Documents and Acceptability of Work .......... 00700 - 28 ,
9.10 Limitations on ENGINEER's Authority and Responsibilities ...................... 00700 - 28
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ................................... 00700 - 29
10.01 Authorized Changes in the Work ....................................... 00700 - 29
10.02 Unauthorized Changes in the Work ..................................... 00700 - 29
10.03 Execution of Change Orders .......................................... 00700 - 29
10.04 Notification to Surety .............................................. 00700 - 29 ,
10.05 Claims and Disputes ............................................... 00700.30
ARTICLE I1 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK .. a ........... 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...........................................0730 - 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......................a........................ 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
I
13.07 Correction Period ................................. 00700 _35
13.08 Acceptance of Defective Work .............................. • . ... 00700 - 36
13.09 OWNER May Correct Defective Work .................................... 00700-36
' ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION ........................ 00700 - 36
14.01 Schedule of Values ................................................ 00700 -36
14.02 Progress Payments ................................................ 00700 - 37
14.03 CONTRACTOR's Warranty of Title ..................................... 00700 - 38
14.04 Substantial Completion ............................................. 00700 - 38
14.05 Partial Utilization ................................................ 00700 - 39
' 14.06 Final Inspection ................................................. 00700 - 39
14.07 Final Payment .................................................. 00700 - 39
14.08 Final Completion Delayed ........................................... 00700 - 40
14.09 Waiver of Claims ................................................. 070-40
' ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ............................ 00700 - 40
15.01 OWNER May Suspend Work .......................................... 00700 - 40
15.02 OWNER May Terminate for Cause ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 -40
P15.03 OWNER May Terminate For Convenience .................................. 00700-41
15.04 CONTRACTOR May Stop Work or_ Terminate ............................... 00700-41
ARTICLE 16 - DISPUTE RESOLUTION ............................................ 00700 - 41
16.01 Methods and Procedures ............................................ 00700 - 41
ARTICLE 17- MISCELLANEOUS ................................................ 00700-42
17.01 Giving Notice ................................................... 00700 -42
17.02 Computation of Times .............................................. 00700 - 42
I17.03 Cumulative Remedies .............................................. 00700 - 42
17.04 Survival of Obligations ............................................. 00700 - 42
17.05 Controlling Law ................................................. 00700 - 42
ti.
I
I
7
I
00700-5
GENERAL CONDITIONS
ARTICLE I - DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Wherever used in the Contract Documents and
printed with initial or all capital letters, the terms listed
below will have the meanings indicated which are applicable
to both the singular and plural thereof.
1. Addenda --Written or graphic instruments issued
prior to the opening of Bids which clarify, correct, or
change the Bidding Requirement's or the Contract
Documents.
2. Agreement --The written instrument which is
evidence of the agreement between OWNER and
CONTRACTOR covering the Work.
3. Application for Payment --The form acceptable to
ENGINEER which is to be used by CONTRACTOR
during the course of the Work in requesting progress or
final payments and which is to be accompanied by such
supporting documentation as is required by the Contract
Documents.
4. Asbestos --Any material that contains more than
one percent asbestos and is friable or is releasing asbestos
fibers into the air above current action levels established
by the United States Occupational Safety and Health
Administration.
5. Bid —The offer or proposal of a bidder submitted
on the prescribed form setting forth the prices for the
Work to be performed.
6. Bidding Documents --The Bidding Requirements
and the proposed Contract Documents (including all
Addenda issued prior to receipt of Bids).
7. Bidding Requirements --The Advertisement or
Invitation to Bid, Instructions to Bidders, Bid security
form, if any, and the Bid form with any supplements.
8. Bonds --Performance and payment bonds and
other instruments of security.
9. Change Order --A document recommended by
ENGINEER which is signed by CONTRACTOR and
OWNER and authorizes an addition, deletion, or revision
in the Work or an adjustment in the Contract Price or the
Contract Times, issued on or after the Effective Date of
the Agreement.
10. Claim --A demand or assertion by OWNER or
CONTRACTOR seeking an adjustment of Contract Price
or Contract Times, or both, or other relief with respect to
the terms of the Contract. A demand for money or
services by a third party is not a Claim.
11. Contract --The entire and integrated written
agreement between the OWNER and CONTRACTOR
concerning the Work. The Contract supersedes prior
negotiations, representations, or agreements, whether
written or oral.
12. Contract Documents --The Contract Documents
establish the rights and obligations of the parties and
include the Agreement, Addenda (which pertain to the
Contract Documents), CONTRACTOR's Bid (including
documentation accompanying the Bid and any post Bid
documentation submitted prior to the Notice of Award)
when attached as an exhibit to the Agreement, the Notice
to Proceed, the Bonds, these General Conditions, the
Supplementary Conditions, the Specifications and the
Drawings as the same are more specifically identified in
the Agreement, together with all Written Amendments,
Change Orders, Work Change Directives, Field Orders,
and ENGINEER's written interpretations and
clarifications issued on or after the Effective Date of the
Agreement. Approved Shop Drawings and the reports
and drawings of subsurface and physical conditions are
not Contract Documents. Only printed or hard copies of
the items listed in this paragraph are Contract Documents.
Files in electronic media format of text, data, graphics,
and the like that may be furnished by OWNER to
CONTRACTOR are not Contract Documents.
13. Contract Price --The moneys payable by OWNER
to CONTRACTOR for completion of the Work in
accordance with the Contract Documents as stated in the
Agreement (subject to the provisions of paragraph 11.03
in the case of Unit Price Work).
14. Contract Times --The number of days or the dates
stated in the Agreement to: (i) achieve Substantial
Completion; and (ii) complete the Work so that it is ready
for final payment as evidenced by ENGINEER's written
recommendation of final payment.
15. CONTRACTOR --The individual or entity with
whom OWNER has entered into the Agreement.
.
L.
•1
I
I
I
I
I
I
I
I
I
IJ
H
H
16. Cost of the -fork• -See paragraph 11.01.A for
definition.
17. Drawings --That part of the Contract Documents
prepared or approved by ENGINEER which graphically
shows the scope, extent, and character of the Work to be
performed by CONTRACTOR. Shop Drawings and
other CONTRACTOR submittals are not Drawings as so
defined.
18. Effective Date of the Agreement —The date
indicated in the Agreement on which it becomes effective,
but if no such date is indicated, it means the date on
which the Agreement is signed and delivered by the last
of the two parties to sign and deliver.
19. ENGINEER --The individual or entity named as
such in the Agreement.
20. ENGINEER's Consultant —An individual or entity
having a contract with ENGINEER to furnish services as
ENGINEER's independent professional associate or
consultant with respect to the Project and who is
identified as such in the Supplementary Conditions.
21. Field Order —A written order issued by ENGI-
NEER which requires minor changes in the Work but
which does not involve a change in the Contract Price or
the Contract Times.
22. General Requirements --Sections of Division 1 of
the Specifications. The General Requirements pertain to
all sections of the Specifications.
23. Hazardous Environmental Condition --The
presence at the Site of Asbestos, PCBs, Petroleum,
Hazardous Waste, or Radioactive Material in such
quantities or circumstances that may present a substantial
danger to persons or property exposed thereto in
connection with the Work.
24. Hazardous Waste --The term Hazardous Waste
shall have the meaning provided in Section 1004 of the
Solid Waste Disposal Act (42 USC Section 6903) as
amended from time to time.
25. Laws and Regulations; Laws or Regulations —Any
and all applicable laws, rules, regulations, ordinances,
codes, and orders of any and all governmental bodies,
agencies, authorities, and courts having jurisdiction.
26. Liens --Charges, security interests, or
encumbrances upon Project funds, real property, or
personal property.
27. Milestone --A principal event specified in the
Contract Documents relating to an intermediate comple-
tion date or time prior to Substantial Completion of all the
Work.
28. Notice of Award --The written notice by OWNER
to the apparent successful bidder stating that upon timely
compliance by the apparent successful bidder with the
conditions precedent listed therein, OWNER will sign and
deliver the Agreement.
29. Notice to Proceed --A written notice given by
OWNER to CONTRACTOR fixing the date on which the
Contract Times will commence to run and on which
CONTRACTOR shall start to perform the Work under
the Contract Documents.
30. OWNER —The individual, entity, public body, or
authority with whom CONTRACTOR has entered into
the Agreement and for whom the Work is to be
performed.
31. Partial Utilization —Use by OWNER of a substan-
tially completed part of the Work for the purpose for
which it is intended (or a related purpose) prior to
Substantial Completion of all the Work.
32. PCBs --Polychlorinated biphenyls.
33. Petroleum --Petroleum, including crude oil or any
fraction thereof which is liquid at standard conditions of
temperature and pressure (60 degrees Fahrenheit and 14.7
pounds per square inch absolute), such as oil, petroleum,
fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil
mixed with other non -Hazardous Waste and crude oils.
34. Project --The total construction of which the
Work to be performed under the Contract Documents
may be the whole, or a part as may be indicated
elsewhere in the Contract Documents.
35. Project Manual —The bound documentary
information prepared for bidding and constructing the
Work. A listing of the contents of the Project Manual,
which may be bound in one or more volumes, is
contained in the table(s) of contents.
36. Radioactive Material --Source, special nuclear, or
byproduct material as defined by the Atomic Energy Act
of 1954 (42 USC Section 2011 et seq.) as amended from
time to time.
37. Resident Project Representative --The authorized
representative of ENGINEER who may be assigned to the
Site or any part thereof.
I
00700-7
38. Samples --Physical examples of materials,
equipment, or workmanship that are representative of
some portion of the Work and which establish the
standards by which such portion of the Work will be
judged.
39. Shop Drawings —All drawings, diagrams, illustra-
tions, schedules, and other data or information which are
specifically prepared or assembled by or for CON-
TRACTOR and submitted by CONTRACTOR to
illustrate some portion of the Work.
40. Site --Lands or areas indicated in the Contract
Documents as being furnished by OWNER upon which
the Work is to be performed, including rights -of -way and
easements for access thereto, and such other lands
furnished by OWNER which are designated for the use of
CONTRACTOR.
41. Specifications --That part of the Contract
Documents consisting of written technical descriptions of
materials, equipment, systems, standards, and
workmanship as applied to the Work and certain
administrative details applicable thereto.
42. Subcontractor --An individual or entity having a
direct contract with CONTRACTOR or with any other
Subcontractor for the performance of a part of the Work
at the Site.
43. Substantial Completion --The time at which the
Work (or a specified part thereof) has progressed to the
point where, in the opinion of ENGINEER, the Work (or
a specified part thereof) is sufficiently complete, in
accordance with the Contract Documents, so that the
Work (or a specified part thereof) can be utilized for the
purposes for which it is intended. The terms
"substantially complete" and "substantially completed" as
applied to all or part of the Work refer to Substantial
Completion thereof.
44. Supplementary Conditions --That pan of the
Contract Documents which amends or supplements these
General Conditions.
45. Supplier --A manufacturer, fabricator, supplier,
distributor, materialman, or vendor having a direct
contract with CONTRACTOR or with any Subcontractor
to furnish materials or equipment to be incorporated in
the Work by CONTRACTOR or any Subcontractor.
46. Underground Facilities --All underground
pipelines, conduits, ducts, cables, wires, manholes,
vaults, tanks, tunnels, or other such facilities or
attachments, and any encasements containing such
facilities, including those that convey electricity, gases,
steam, liquid petroleum products, telephone or other
communications, cable television, water, wastewater,
storm water, other liquids or chemicals, or traffic or
other control systems.
47. Unit Price Work --Work to be paid for on the
basis of unit prices.
48. Work --The entire completed construction or the
various separately identifiable parts thereof required to be
provided under the Contract Documents. Work includes
and is the result of performing or providing all labor,
services, and documentation necessary to produce such
construction, and furnishing, installing, and incorporating
all materials and equipment into such construction, all as
required by the Contract Documents.
49. Work Change Directive --A written statement to
CONTRACTOR issued on or after the Effective Date of
the Agreement and signed by OWNER and recommended
by ENGINEER ordering an addition, deletion, or revision
in the Work, or responding to differing or unforeseen
subsurface or physical conditions under which the Work
is to be performed or to emergencies. A Work Change
Directive will not change the Contract Price or the
Contract Times but is evidence that the parties expect that
the change ordered or documented by a Work Change
Directive will be incorporated in a subsequently issued
Change Order following negotiations by the parties as to
its effect, if any, on the Contract Price or Contract
Times.
50. Written Amendment —A written statement
modifying the Contract Documents, signed by OWNER
and CONTRACTOR on or after the Effective Date of the
Agreement and normally dealing with the nonengineering
or nontechnical rather than strictly construction -related
aspects of the Contract Documents.
1.02 Terminology
A. Intent of Certain Terms or Adjectives
1. Whenever in the Contract Documents the terms
"as allowed," "as approved," or terms of like effect or
import are used, or the adjectives "reasonable,"
"suitable," "acceptable," "proper," "satisfactory," or
adjectives of like effect or import are used to describe an
action or determination of ENGINEER as to the Work, it
is intended that such action or determination will be solely
to evaluate, in general, the completed Work for
compliance with the requirements of and information in
the Contract Documents and conformance with the design
concept of the completed Project as a functioning whole
as shown or indicated in the Contract Documents (unless
there is a specific statement indicating otherwise). The
•1
c.
1
I
I
I
H
H
I
use of any such term or adjective shall not be effective to
assign to ENGINEER any duty or authority to supervise
or direct the performance of the Work or any duty or
authority to undertake responsibility contrary to the
provisions of paragraph 9.10 or any other provision of the
Contract Documents.
B. Day
1. The word "day" shall constitute a calendar day
of 24 hours measured from midnight to the next midnight.
C. Defective
1. The word "defective," when modifying the word
"Work," refers to Work that is unsatisfactory, faulty, or
deficient in that it does not conform to the Contract
Documents or does not meet the requirements of any
inspection, reference standard, test, or approval referred
to in the Contract Documents, or has been damaged prior
to ENGINEER's recommendation of final payment
(unless responsibility for the protection thereof has been
assumed by OWNER at Substantial Completion in accor-
dance with paragraph 14.04 or 14.05).
D. Furnish, Install, Perform, Provide
1. The word "furnish," when used in connection
with services, materials, or equipment, shall mean to
supply and deliver said services, materials, or equipment
to the Site (or some other specified location) ready for use
or installation and in usable or operable condition.
2. The word "install," when used in connection
with services, materials, or equipment, shall mean to put
into use or place in food position said services, materials,
or equipment complete and ready for intended use.
3. The words "perform" or "provide," when used
in connection with services, materials, or equipment,
shall mean to furnish and install said services, materials,
or equipment complete and ready for intended use.
4. When "furnish," "install," "perform," or "pro-
vide" is not used in connection with services, materials,
or equipment in a context clearly requiring an obligation
of CONTRACTOR, "provide" is implied.
E. Unless stated otherwise in the Contract Documents,
words. or phrases which have a well-known technical or
construction industry or trade meaning are used in the
Contract Documents in accordance with such recognized
meaning.
ARTICLE 2 - PRELIMINARY MATTERS
2.01 Delivery of Bonds
A. When CONTRACTOR delivers the executed
Agreements to OWNER, CONTRACTOR shall also deliver
to OWNER such Bonds as CONTRACTOR may be required
to furnish.
2.02 Copies of Documents
A. OWNER shall furnish to CONTRACTOR up to ten
copies of the Contract Documents. Additional copies will be
furnished upon request at the cost of reproduction.
2.03 Commencement of Contract Times; Notice to Proceed
A. The Contract Times will commence to run on the
thirtieth day after the Effective Date of the Agreement or, if
a Notice to Proceed is given, on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at any
time within 30 days after the Effective Date of the
Agreement. In no event will the Contract Times commence
to run later than the sixtieth day after the day of Bid opening
or the thirtieth day after the Effective Date of the Agreement,
whichever date is earlier.
2.04 Starting the Work
A. CONTRACTOR shall start to perform the Work on
the date when the Contract Times commence to run. No
Work shall be done at the Site prior to the date on which the
Contract Times commence to run.
2.05 Before Starting Construction
A. CONTRACTOR's Review of Contract Documents:
Before undertaking each part of the Work, CONTRACTOR
shall carefully study and compare the Contract Documents
and check and verify pertinent figures therein and all
applicable field measurements. CONTRACTOR shall
promptly report in writing to ENGINEER any conflict, error,
ambiguity, or discrepancy which CONTRACTOR may
discover and shall obtain a written interpretation or
clarification from ENGINEER before proceeding with any
Work affected thereby; however, CONTRACTOR shall not
be liable to OWNER or ENGINEER for failure to report any
conflict, error, ambiguity, or discrepancy in the Contract
Documents unless CONTRACTOR knew or reasonably
should have known thereof.
B. Preliminary
Schedules:
Within
ten days
after the
Effective Date of the
Agreement
(unless
otherwise
specified
00700-9
I
in the General Requirements), CONTRACTOR shall submit
to ENGINEER for its timely review:
1. a preliminary progress schedule indicating the
times (numbers of days or dates) for starting and
completing the various stages of the Work, including any
Milestones specified in the Contract Documents;
2. a preliminary schedule of Shop Drawing and
Sample submittals which will list each required submittal
and the times for submitting, reviewing, and processing
such submittal; and
3. a preliminary schedule of values for all of the
Work which includes quantities and prices of items which
when added together equal the Contract Price and subdi-
vides the Work into component parts in sufficient detail
to serve as the basis for progress payments during
performance of the Work. Such prices will include an
appropriate amount of overhead and profit applicable to
each item of Work.
C. Evidence of Insurance: Before any Work at the Site
is started, CONTRACTOR and OWNER shall each deliver
to the other, with copies to each additional insured identified
in the Supplementary Conditions, certificates of insurance
(and other evidence of insurance which either of them or any
additional insured may reasonably request) which
CONTRACTOR and OWNER respectively are required to
purchase and maintain in accordance with Article 5.
2.06 Preconstruction Conference
A. Within 20 days after the Contract Times start to run,
but before any Work at the Site is started, a conference
attended by CONTRACTOR, ENGINEER, and others as
appropriate will be held to establish a working understanding
among the parties as to the Work and to discuss the schedules
referred to in paragraph 2.05.B, procedures for handling
Shop Drawings and other submittals, processing Applications
for Payment, and maintaining required records.
2.07 Initial Acceptance of Schedules
A. Unless otherwise provided in the Contract Docu-
ments, at least ten days before submission of the first
Application for Payment a conference attended by CON-
TRACTOR, ENGINEER, and others as appropriate will be
held to review for acceptability to ENGINEER as provided
below the schedules submitted in accordance with paragraph
2.05.B. CONTRACTOR shall have an additional ten days to
make corrections and adjustments and to complete and
resubmit the schedules. No progress payment shall be made
to CONTRACTOR until acceptable schedules are submitted
to ENGINEER.
1. The progress schedule will be acceptable to
ENGINEER if it provides an orderly progression of the
Work to completion within any specified Milestones and
the Contract Times. Such acceptance will not impose on
ENGINEER responsibility for the progress schedule, for
sequencing, scheduling, or progress of the Work nor
interfere with or relieve CONTRACTOR from
CONTRACTOR's full responsibility therefor.
2. CONTRACTOR's schedule of Shop Drawing and
Sample submittals will be acceptable to ENGINEER if it
provides a workable arrangement for reviewing and
processing the required submittals.
3. CONTRACTOR's schedule of values will be
acceptable to ENGINEER as to form and substance if it
provides a reasonable allocation of the Contract Price to
component parts of the Work.
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
3.01 Intent
A.
The Contract
Documents
are complementary; what
is called
for by one is
as binding as if called for by all.
B. It is the intent of the Contract Documents to describe
a functionally complete Project (or part thereof) to be
constructed in accordance with the Contract Documents.
Any labor, documentation, services, materials, or equipment
that may reasonably be inferred from the Contract Docu-
ments or from prevailing custom or trade usage as being
required to produce the intended result will be provided
whether or not specifically called for at no additional cost to
OWNER.
C. Clarifications and interpretations of the Contract
Documents shall be issued by ENGINEER as provided in
Article 9.
3.02 Reference Standards
A. Standards, Specifications, Codes, Laws, and
Regulations
1. Reference to standards, specifications, manuals,
or codes of any technical society, organization, or
association, or to Laws or Regulations, whether such
reference be specific or by implication, shall mean the
standard, specification, manual, code, or Laws or Regula-
tions in effect at the time of opening of Bids (or on the
Effective Date of the Agreement if there were no Bids),
I
I
I
I
I
Li
I
I
I
U
I
I
I
I
I
C1
I
I
I
I
I
H
I
17
I
I
H
I
Ti
except as may be otherwise specifically stated in the
Contract Documents.
2. No provision of any such standard, specification,
manual or code, or any instruction of a Supplier shall be
effective to change the duties or responsibilities of
OWNER, CONTRACTOR, or ENGINEER, or any of
their subcontractors, consultants, agents, or employees
from those set forth in the Contract Documents, nor shall
any such provision or instruction be effective to assign to
OWNER, ENGINEER, or any of ENGINEER's
Consultants, agents, or employees any duty or authority
to supervise or direct the performance of the Work or any
duty or authority to undertake responsibility inconsistent
with the provisions of the Contract Documents.
3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies
1. If, during the performance of the Work,
CONTRACTOR discovers any conflict, error, ambiguity,
or discrepancy within the Contract Documents or between
the Contract Documents and any provision of any Law or
Regulation applicable to the performance of the Work or
of any standard, specification, manual or code, or of any
instruction of any Supplier, CONTRACTOR shall report
it to ENGINEER in writing at once. CONTRACTOR
shall not proceed with the Work affected thereby (except
in an emergency as required by paragraph 6.16.A) until
an amendment or supplement to the Contract Documents
has been issued by one of the methods indicated in
paragraph 3.04; provided, however, that CONTRACTOR
shall not be liable to OWNER or ENGINEER for failure
to report any such conflict, error, ambiguity, or dis-
crepancy unless. CONTRACTOR knew or reasonably
should have known thereof.
B. Resolving Discrepancies
1. Except as may be otherwise specifically stated in
the Contract Documents, the provisions of the Contract
Documents shall take precedence in resolving any
conflict, error, ambiguity, or discrepancy between the
provisions of the Contract Documents and:
a. the provisions of any standard, specification,
manual, code, or instruction (whether or not specifi-
cally incorporated by reference in the Contract
Documents); or
b. the provisions of any Laws or Regulations
applicable to the performance of the Work (unless
such an interpretation of the provisions of the
Contract Documents would result in violation of such
Law or Regulation).
3.04 Amending and Supplementing Contract Documents
A. The Contract Documents may be amended to provide
for additions, deletions, and revisions in the Work or to
modify the terms and conditions thereof in one or more of the
following ways: (i) a Written Amendment; (ii) a Change
Order; or (iii) a Work Change Directive.
B. The requirements of the Contract Documents may be
supplemented, and minor variations and deviations in the
Work may be authorized, by one or more of the following
ways: (i) a Field Order; (ii) ENGINEER's approval of a
Shop Drawing or Sample; or (iii) ENGINEER's written
interpretation or clarification.
3.05 Reuse of Documents
A. CONTRACTOR and.any Subcontractor or Supplier
or other individual or entity performing or furnishing any of
the Work under a direct or indirect contract with OWNER:
(i) shall not have or acquire any title to or ownership rights
in any of the Drawings, Specifications, or other documents
(or copies of any thereof) prepared by or bearing the seal of
ENGINEER or ENGINEER's Consultant, including
electronic media editions; and (ii) shall not reuse any of such
Drawings, Specifications, other documents, or copies thereof
on extensions of the Project or any other project without
written consent of OWNER and ENGINEER and specific
written verification or adaption by ENGINEER. This
prohibition will survive fmal 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
1I
B. Upon reasonable written request, OWNER shall
furnish CONTRACTOR with a current statement of record
legal title and legal description of the lands upon which the
Work is to be performed and OWNER's interest therein as
necessary for giving notice of or filing a mechanic's or
construction lien against such lands in accordance with
applicable Laws and Regulations.
C. CONTRACTOR shall provide for all additional lands
and access thereto that may be required for temporary
construction facilities or storage of materials and equipment.
4.02 Subsurface and Physical Conditions
A. Reports and Drawings: The Supplementary
Conditions identify:
1. those reports of explorations and tests of
subsurface conditions at or contiguous to the Site that
ENGINEER has used in preparing the Contract Docu-
ments; and
2. those drawings of physical conditions in or
relating to existing surface or subsurface structures at or
contiguous to the Site (except Underground Facilities) that
ENGINEER has used in preparing the Contract
Documents.
B. Limited Reliance by CONTRACTOR on Technical
Data Authorized: CONTRACTOR may rely upon the
general accuracy of the "technical data" contained in such
reports and drawings, but such reports and drawings are not
Contract Documents. Such "technical data" is identified in
the Supplementary Conditions. Except for such reliance on
such "technical data," CONTRACTOR may not rely upon or
make any Claim against OWNER, ENGINEER, or any of
ENGINEER's Consultants with respect to:
I. the completeness of such reports and drawings
for CONTRACTOR's purposes, including, but not
limited to, any aspects of the means, methods,
techniques, sequences, and procedures of construction to
be employed by CONTRACTOR, and safety precautions
and programs incident thereto; or
2. other data, interpretations, opinions, and
information contained in such reports or shown or
indicated in such drawings; or
3. any CONTRACTOR interpretation of or
conclusion drawn from any "technical data" or any such
other data, interpretations, opinions, or information.
I
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:
I. is of such a nature as to establish that any
"technical data" on which CONTRACTOR is entitled to
rely as provided in paragraph 4.02 is materially
inaccurate; or
2. is of such a nature as to require a change in the
Contract Documents; or
3. differs materially from that shown or indicated in
the Contract Documents; or
4. is of an unusual nature, and differs materially
from conditions ordinarily encountered and generally
recognized as inherent in work of the character provided
for in the Contract Documents;
then CONTRACTOR shall, promptly after becoming aware
thereof and before further disturbing the subsurface or
physical conditions or performing any Work in connection
therewith (except in an emergency as required by paragraph
6.16.A), notify OWNER and ENGINEER in writing about
such condition. CONTRACTOR shall not further disturb
such condition or perform any Work in connection therewith
(except as aforesaid) until receipt of written order to do so.
B. ENGINEER's Review: After receipt of written notice
as required by paragraph 4.03.A, ENGINEER will promptly
review the pertinent condition, determine the necessity of
OWNER's obtaining additional exploration or tests with
respect thereto, and advise OWNER in writing (with a copy
to CONTRACTOR) of ENGINEER's findings and
conclusions.
C. Possible Price and Times Adjustments
1. The Contract Price or the Contract Times, or
both, will be equitably adjusted to the extent that the
existence of such differing subsurface or physical
condition causes an increase or decrease in
CONTRACTOR's cost of, or time required for, perfor-
mance of the Work; subject, however, to the following:
a. such condition must meet any one or more of
the categories described in paragraph 4.03.A; and
b. with respect to Work that is paid for on a
Unit Price Basis, any adjustment in Contract Price
will be subject to the provisions of paragraphs 9.08
and 11.03.
00700-12
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
I
L
I
I
I
I
I
I
L
I
I
L
I
Price and Contract Times by the submission of a Bid
or becoming bound under a negotiated contract; or
b. the existence of such condition could
reasonably have been discovered or revealed as a
result of any examination, investigation, exploration,
test, or study of the Site and contiguous areas
required by the Bidding Requirements or Contract
Documents to be conducted by or for CON-
TRACTOR prior to CONTRACTOR's making such
final commitment; or _
c. CONTRACTOR failed to give the written
notice within the time and as required by paragraph
4.03.A.
3. If OWNER and CONTRACTOR are unable to
agree on entitlement to or on the amount or extent, if any,
of any adjustment in the Contract Price or Contract
Times, or both, a Claim may be made therefor as
provided in paragraph 10.05. However, OWNER,
ENGINEER, and ENGINEER's Consultants shall not be
liable to CONTRACTOR for any claims, costs, losses, or
damages (including but not limited to all fees and charges
of engineers, architects, attorneys, and other professionals
and all court or arbitration • or other dispute resolution
costs) sustained by CONTRACTOR on or in connection
with any other project or anticipated project.
4.04 Underground Facilities
A. Shown or Indicated: The information and data shown
or indicated in the Contract Documents with respect to
existing Underground Facilities at or contiguous to the Site
is based on information and data furnished to OWNER or
ENGINEER by the owners of such Underground Facilities,
including OWNER, or by others. Unless it is otherwise
expressly provided in the Supplementary Conditions:
1. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any such
information or data; and
2. the cost of all of the following will be included in
the Contract Price, and CONTRACTOR shall have full
responsibility for:
a. reviewing and checking all such information
and data,
b. locating all Underground Facilities shown or
indicated in the Contract Documents,
c. coordination of the Work with the owners of
such Underground Facilities, including OWNER,
during construction, and
d. the safety and protection of all such Under-
ground Facilities and repairing any damage thereto
resulting from the Work.
B. Not Shown or Indicated
1. If an Underground Facility is uncovered or
revealed at or contiguous to the Site which was not shown
or indicated, or not shown or indicated with reasonable
accuracy in the Contract Documents, CONTRACTOR
shall, promptly after becoming aware thereof and before
further disturbing conditions affected thereby or
performing any Work in connection therewith (except in
an emergency as required by paragraph 6.16.A), identify
the owner of such Underground Facility and give written
notice to that owner and to OWNER and ENGINEER.
ENGINEER will promptly review the Underground
Facility and determine the extent, if any, to which a
change is required in the Contract Documents to reflect
and document the consequences •of the existence or
location of the Underground Facility. During such time,
CONTRACTOR shall be responsible for the safety and
protection of such Underground Facility.
2. If ENGINEER concludes that a change in the
Contract Documents is required, a Work Change
Directive or a Change Order will be issued to reflect and
document such consequences. An equitable adjustment
shall be made in the Contract Price of Contract Times, or
both, to the extent that they are attributable to the
existence or location of any Underground Facility that
was not shown or indicated or not shown or indicated
with reasonable accuracy in the Contract Documents and
that CONTRACTOR did not know of and could not
reasonably have been expected to be aware of or to have
anticipated. If OWNER and CONTRACTOR are unable
to agree on entitlement to or on the amount or extent, if
any, of any such adjustment in Contract Price or Contract
Times, OWNER or CONTRACTOR may make a Claim
therefor as provided in paragraph 10.05.
4.05 Reference Points
A. OWNER shall provide engineering surveys to
establish reference points for construction which in
ENGINEER's judgment are necessary to enable CON-
TRACTOR to proceed with the Work. CONTRACTOR
shall be responsible for laying out the Work, shall protect and
preserve the established reference points and property
00700-13
I
monuments, and shall make no changes or relocations
without the prior written approval of OWNER.
CONTRACTOR shall report to ENGINEER whenever any
reference point or property monument is lost or destroyed or
requires relocation because of necessary changes in grades or
locations, and shall be responsible for the accurate
replacement or relocation of such reference points or
property monuments by professionally qualified personnel.
4.06 Hazardous Environmental Condition at Site
A. Reports and Drawings: Reference is made to the
Supplementary Conditions for the identification of those
reports and drawings relating to a Hazardous Environmental
Condition identified at the Site, if any, that have been utilized
by the ENGINEER in the preparation of the Contract
Documents.
B. Limited Reliance by CONTRACTOR on Technical
Data Authorized: CONTRACTOR may rely upon the
general accuracy of the "technical data" contained in such
reports and drawings, but such reports and drawings are not
Contract Documents. Such "technical data" is identified in
the Supplementary Conditions. Except for such reliance on
such "technical data," CONTRACTOR may not rely upon or
make any Claim against OWNER, ENGINEER or any of
ENGINEER's Consultants with respect to:
1. the completeness of such reports and drawings
for CONTRACTOR's purposes, including, but not
limited to, any aspects of the means, methods,
techniques, sequences and procedures of construction to
be employed by CONTRACTOR and safety precautions
and programs incident thereto; or
2. other data, interpretations, opinions and
information contained in such reports or shown or
indicated in such drawings; or
3. any CONTRACTOR interpretation of or
conclusion drawn from any "technical data" or any such
other data, interpretations, opinions or information.
C. CONTRACTOR shall not be responsible for any
Hazardous Environmental Condition uncovered or revealed
at the Site which was not shown or indicated in Drawings or
Specifications or identified in the Contract Documents to be
within the scope of the Work. CONTRACTOR shall be
responsible for a Hazardous Environmental Condition created
with any materials brought to the Site by CONTRACTOR,
Subcontractors, Suppliers, or anyone else for whom CON-
TRACTOR is responsible.
D. If CONTRACTOR encounters a Hazardous
Environmental Condition or if CONTRACTOR or anyone for
whom CONTRACTOR is responsible creates a Hazardous
Environmental Condition, CONTRACTOR shall immedi-
ately: (i) secure or otherwise isolate such condition; (ii) stop
all Work in connection with such condition and in any area
affected thereby (except in an emergency as required by
paragraph 6.16); and (iii) notify OWNER and ENGINEER
(and promptly thereafter confirm such notice in writing).
OWNER shall promptly consult with ENGINEER concerning
the necessity for OWNER to retain a qualified expert to
evaluate such condition or take corrective action, if any.
E. CONTRACTOR shall not be required to resume
Work in connection with such condition or in any affected
area until after OWNER has obtained any required permits
related thereto and delivered to CONTRACTOR written
notice: (i) specifying that such condition and any affected
area is or has been rendered safe for the resumption of Work;
or (ii) specifying any special conditions under which such
Work may be resumed safely. If OWNER and
CONTRACTOR cannot agree as to entitlement to or on the
amount or extent, if any, of any adjustment in Contract Price
or Contract Times, or both, as a result of such Work stop-
page or such special conditions under which Work is agreed
to be resumed by CONTRACTOR, either party may make a
Claim therefor as provided in paragraph 10.05.
F. If after receipt of such written notice
CONTRACTOR does not agree to resume such Work based
on a reasonable belief it is unsafe, or does not agree to
resume such Work under such special conditions, then
OWNER may order the portion of the Work that is in the
area affected by such condition to be deleted from the Work.
If OWNER and CONTRACTOR cannot agree as to
entitlement to or on the amount or extent, if any, of an
adjustment in Contract Price or Contract Times as a result of
deleting such portion of the Work, then either party may
make a Claim therefor as provided in paragraph 10.05.
OWNER may have such deleted portion of the Work
performed by OWNER's own forces or others in accordance
with Article 7.
G. To the fullest extent permitted by Laws and
Regulations, OWNER shall, indemnify and hold harmless
CONTRACTOR, Subcontractors, ENGINEER,
ENGINEER's Consultants and the officers, directors,
partners, employees, agents, other consultants, and
subcontractors of each and any of them from and against all
claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to a
Hazardous Environmental Condition, provided that such
Hazardous Environmental Condition: (i) was not shown or
indicated in the Drawings or Specifications or identified in
the Contract Documents to be included within the scope of
the Work, and (ii) was not created by CONTRACTOR or by
anyone for whom CONTRACTOR is responsible. Nothing
iJ
ii
I
I
I
I
Li
I
I
I
LI
I
00700-14
I
I
I
11
I
I
Li
1J
I
I
I
I
I
I
I
I
in this paragraph 4.06.E shall obligate OWNER to indemnify
any individual or entity from and against the consequences of
that individual's or entity's own negligence.
H. To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold
harmless OWNER, ENGINEER, ENGINEER's Consultants,
and the officers, directors, partners, employees, agents, other
consultants, and subcontractors of each and any of them from
and against all claims, costs, losses, and damages (including
but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of or
relating to a Hazardous Environmental Condition created by
CONTRACTOR or by anyone for whom CONTRACTOR is
responsible. Nothing in this paragraph 4.06.F shall obligate
CONTRACTOR to indemnify any'individual or entity from
and against the consequences of that individual's or entity's
own negligence.
I. The provisions of paragraphs 4.02, 4.03, and 4.04
are not intended to apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
ARTICLE 5 - BONDS AND INSURANCE
5.01 Performance, Payment, and Other Bonds
A. CONTRACTOR shall furnish performance and
payment Bonds, each in an amount at least equal to the
Contract Price as security for the faithful performance and
payment of all CONTRACTOR's obligations under the
Contract Documents. These Bonds shall remain in effect at
least until one year after the date when final payment
becomes due, except as provided otherwise by Laws or
Regulations or by the Contract Documents. CONTRACTOR
shall also furnish such other Bonds as are required by the
Contract Documents.
B. All Bonds shall be in the form prescribed by the
Contract Documents except as provided otherwise by Laws
or Regulations, and shall be executed by such sureties as are
named in the current list of "Companies Holding Certificates
of Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsuring Companies" as published in Circular
570 (amended) by the Financial Management Service, Surety
Bond Branch, U.S. Department of the Treasury. All Bonds
signed by an agent must be accompanied by a certified copy
of such agent's authority to act.
C. If the surety on any Bond furnished by CON-
TRACTOR is declared bankrupt or becomes insolvent or its
right to do business is terminated in any state where any part
of the Project is located or it ceases to meet the requirements
of paragraph 5.01.8, 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 CONTRACTOR's Liability Insurance
A. CONTRACTOR shall purchase and maintain such
liability and other insurance as is appropriate for the Work
being performed and as will provide protection from.claims
set forth below which may arise out of or result from
CONTRACTOR's performance of the Work and
CONTRACTOR's other obligations under the Contract
Documents, whether it is to be performed by
CONTRACTOR, any Subcontractor or Supplier, or by
anyone directly or indirectly employed by any of them to
perform any of the Work, or by anyone for whose acts any
of them may be liable:
1. claims under workers' compensation, disability
benefits, and other similar employee benefit acts;
2. claims for damages because of bodily injury,
occupational sickness or disease, or death of
CONTRACTOR's employees;
3. claims for damages because of bodily injury,
sickness or disease, or death of any person other than
CONTRACTOR's employees;
00700-15
I
4. claims for damages insured by reasonably
available personal injury liability coverage which are sus-
tained: (i) by any person as a result of an offense directly
or indirectly related to the employment of such person by
CONTRACTOR, or (ii) by any other person for any
other reason;
5. claims for damages, other than to the Work
itself, because of injury to or destruction of tangible
property wherever located, including loss of use resulting
therefrom; and
6. claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle.
B. The
policies
of insurance
_so required by this
paragraph 5.04
to be
purchased and
maintained shall:
1. with respect to insurance required by paragraphs
5.04.A.3 through 5.04.A.6 inclusive, include as
additional insureds (subject to any customary exclusion in
respect of professional liability) OWNER, ENGINEER,
ENGINEER's Consultants, and any other individuals or
entities identified in the Supplementary Conditions, all of
whom shall be listed as additional insureds, and include
coverage for the respective officers, directors, partners,
employees, agents, and other consultants and
subcontractors of each and any of all such additional
insureds, and the insurance afforded to these additional
insureds shall provide primary coverage for all claims
covered thereby;
2. include at least the specific coverages and be
written for not less than the limits of liability provided in
the Supplementary Conditions or required by Laws or
Regulations, whichever is greater;
3. include completed operations insurance;
4. include contractual liability insurance covering
CONTRACTOR's indemnity obligations under para-
graphs 6.07, 6.11, and 6.20;
5. contain a provision or endorsement that the
coverage afforded will not be canceled, materially
changed or renewal refused until at least thirty days prior
written notice has been given to OWNER and
CONTRACTOR and to each other additional insured
identified in the Supplementary Conditions to whom a
certificate of insurance has been issued (and the
certificates of insurance furnished by the CONTRACTOR
pursuant to paragraph 5.03 will so provide);
6. remain in effect at least until final payment and
at all times thereafter when CONTRACTOR may be
correcting, removing, or replacing defective Work in
accordance with paragraph 13.07; and
7. with respect to completed operations insurance,
and any insurance coverage written on a claims -made
basis, remain in effect for at least two years after final
payment (and CONTRACTOR shall furnish OWNER and
each other additional insured identified in the Supple-
mentary Conditions, to whom a certificate of insurance
has been issued, evidence satisfactory to OWNER and
any such additional insured of continuation of such
insurance at final payment and one year thereafter).
5.05 OWNER's Liability Insurance
A. In addition to the insurance required to be provided
by CONTRACTOR under paragraph 5.04, OWNER, at
OWNER's option, may purchase and maintain at OWNER's
expense OWNER's own liability insurance as will protect
OWNER against claims which may arise from operations
under the Contract Documents.
5.06 Property Insurance
A. Unless otherwise provided in the Supplementary
Conditions, OWNER shall purchase and maintain property
insurance upon the Work at the Site in the amount of the full
replacement cost thereof (subject to such deductible amounts
as may be provided in the Supplementary Conditions or
required by Laws and Regulations). This insurance shall:
1. include the interests of OWNER, CONTRAC-
TOR, Subcontractors, ENGINEER, ENGINEER's
Consultants, and any other individuals or entities identi-
fied in the Supplementary Conditions, and the officers,
directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them,
each of whom is deemed to have an insurable interest and
shall be listed as an additional insured;
2. be written on a Builder's Risk "all-risk" or open
peril or special causes of loss policy form that shall at
least include insurance for physical loss or damage to the
Work, temporary buildings, false work, and materials and
equipment in transit, and shall insure against at least the
following perils or causes of loss: fire, lightning,
extended coverage, theft, vandalism and malicious
mischief, earthquake, collapse, debris removal,
demolition occasioned by enforcement of Laws and
Regulations, water damage, and such other perils or
causes of loss as may be specifically required by the
Supplementary Conditions;
3. include expenses incurred in the repair or
replacement of any insured property (including but not
limited to fees and charges of engineers and architects);
•1
I
I
00700-16
LJ
LI
I
L
I
I
I
L
I
I
I
I
I
11
LI
I
4. cover materials and equipment stored at the Site
or at another location that was agreed to in writing by
OWNER prior to being incorporated in the Work,
provided that such materials and equipment have been
included in an Application for Payment recommended by
ENGINEER;
5. allow for partial utilization of the Work by
OWNER;
6. include testing and startup; and
7. be maintained in effect until final payment is
made unless otherwise agreed to in writing by OWNER,
CONTRACTOR, and ENGINEER with 30 days written
notice to each other additional insured to whom a certifi-
cate of insurance has been issued.
B. OWNER shall purchase and maintain such boiler and
machinery insurance or additional property insurance as may
be required by the Supplementary Conditions or Laws and
Regulations which will include the interests of OWNER,
CONTRACTOR, Subcontractors, ENGINEER,
ENGINEER's Consultants, and any other individuals or
entities identified in the Supplementary Conditions, each of
whom is deemed to have an insurable interest and shall be
listed as an insured or additional insured.
C. All the policies of insurance (and the certificates or
other evidence thereof) required to be purchased and
maintained in accordance with paragraph 5.06 will contain a
provision or endorsement that the coverage afforded will not
be canceled or materially changed or renewal refused until at
least 30 days prior written notice has been given to OWNER
and CONTRACTOR and to each other additional insured to
whom a certificate of insurance has been issued and will
contain waiver provisions in accordance with paragraph 5.07.
D. OWNER shall not be responsible for purchasing and
maintaining any property insurance specified in this
paragraph 5.06 to protect the interests of CONTRACTOR,
Subcontractors, or others in the Work to the extent of any
deductible amounts that are identified in the Supplementary
Conditions. The risk of loss within such identified deductible
amount will be borne by CONTRACTOR, Subcontractors,
or others suffering any such loss, and if any of them wishes
property insurance coverage within the limits of such
amounts, each may purchase and maintain it at the
purchaser's own expense.
E. If CONTRACTOR requests in writing that other
special insurance be included in the property insurance
policies provided under paragraph 5.06, OWNER shall, if
possible, include such insurance, and the cost thereof will be
charged to CONTRACTOR by appropriate Change Order or
Written Amendment. Prior to commencement of the Work
at the Site, OWNER shall in writing advise CONTRACTOR
whether or not such other insurance has been procured by
OWNER.
5.07 Waiver of Rights
A. OWNER and CONTRACTOR intend that all policies
purchased in accordance with paragraph 5.06 will protect
OWNER, CONTRACTOR, Subcontractors, ENGINEER,
ENGINEER's Consultants, and all other individuals or
entities identified in the Supplementary Conditions to be
listed as insureds or additional insureds (and the officers,
directors, partners, employees, agents, and other consultants
and subcontractors of each and any of them) in such policies
and will provide primary coverage for all losses and damages
caused by the perils or causes of loss covered thereby. All
such policies shall contain provisions to the effect that in the
event of payment of any loss .or damage the insurers will
have no rights of recovery against any of the insureds or
additional insureds thereunder. OWNER and CONTRAC-
TOR waive all rights against each other and their respective
officers, directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them for
all losses and damages caused by, arising out of or resulting
from any of the perils or causes of loss covered by such
policies and any other property insurance applicable to the
Work; and, in addition, waive all such rights against
Subcontractors, ENGINEER, ENGINEER's Consultants, and
all other individuals or entities identified in the Supplemen-
tary Conditions to be listed as insureds or additional insureds
(and the officers, directors, partners, employees, agents, and
other consultants and subcontractors of each and any of them)
under such policies for losses and damages so caused. None
of the above waivers shall extend to the rights that any party
making such waiver may have to the proceeds of insurance
held by OWNER as trustee or otherwise payable under any
policy so issued.
B. OWNER waives all rights against CONTRACTOR,
Subcontractors, ENGINEER, ENGINEER's Consultants, and
the officers, directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them for:
1. loss due to business interruption, loss of use, or
other consequential loss extending beyond direct physical
loss or damage to OWNER's property or the Work
caused by, arising out of, or resulting from fire or other
peril whether or not insured by OWNER; and
2. loss or damage to the completed Project or part
thereof caused by, arising out of, or resulting from fire or
other insured peril or cause of loss covered by any
property insurance maintained on the completed Project
or part thereof by OWNER during partial utilization
pursuant to paragraph 14.05, after Substantial Completion
00700-17
,I
pursuant to paragraph 14.04, or after final payment
pursuant to paragraph 14.07.
C. Any insurance policy maintained by OWNER cover-
ing any loss, damage or consequential loss referred to in
paragraph 5.07.B shall contain provisions to the effect that in
the event of payment of any such loss, damage, or
consequential. loss, the insurers will have no rights of
recovery against CONTRACTOR, Subcontractors,
ENGINEER, or ENGINEER's Consultants and the officers,
directors, partners, employees, agents, and other consultants
and subcontractors of each and any of them.
5.08 Receipt and Application of Insurance Proceeds
A. Any insured loss under the policies of insurance
required by paragraph 5.06 will be adjusted with OWNER
and made payable to OWNER as fiduciary for the insureds,
as their interests may appear, subject to the requirements of
any applicable mortgage clause and of paragraph 5.08.B.
OWNER shall deposit in a separate account any money so
received and shall distribute it in accordance with such agree-
ment as the parties in interest may reach. If no other special
agreement is reached, the damaged Work shall be repaired or
replaced, the moneys so received applied on account thereof,
and the Work and the cost thereof covered by an appropriate
Change Order or Written Amendment.
B. OWNER as fiduciary shall have power to adjust and
settle any loss with the insurers unless one of the parties in
interest shall object in writing within 15 days after the
occurrence of loss to OWNER's exercise of this power. If
such objection be made, OWNER as fiduciary shall make
settlement with the insurers in accordance with such
agreement as the parties in interest may reach. If no such
agreement among the parties in interest is reached, OWNER
as fiduciary shall adjust and settle the loss with the insurers
and, if required in writing by any party in interest, OWNER
as fiduciary shall give bond for the proper performance of
such duties.
5.09 Acceptance of Bonds and Insurance; Option to
Replace
A. If either OWNER or CONTRACTOR has any
objection to the coverage afforded by or other provisions of
the Bonds or insurance required to be purchased and
maintained by the other party in accordance with Article 5 on
the basis of non-conformance with the Contract Documents,
the objecting party shall so notify the other party in writing
within 10 days after receipt of the certificates (or other
evidence requested) required by paragraph 2.05.C. OWNER
and CONTRACTOR shall each provide to the other such
additional information in respect of insurance provided as the
other may reasonably request. If either party does not
purchase or maintain all of the Bonds and insurance required
of such party by the Contract Documents, such party shall
notify the other party in writing of such failure to purchase
prior to the start of the Work, or of such failure to maintain
prior to any change in the required coverage. Without
prejudice to any other right or remedy, the other party may
elect to obtain equivalent Bonds or insurance to protect such
other party's interests at the expense of the party who was
required to provide such coverage, and a Change Order shall
be issued to adjust the Contract Price accordingly.
5.10 Partial Utilization, Acknowledgment of Property
Insurer
A. If OWNER finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial
Completion of all the Work as provided in paragraph 14.05,
no such use or occupancy shall commence before the insurers
providing the property insurance pursuant to paragraph 5.06
have acknowledged notice thereof and in writing effected any
changes in coverage necessitated thereby. The insurers
providing the property insurance shall consent by endorse-
ment on the policy or policies, but the property insurance
shall not be canceled or permitted to lapse on account of any
such partial use or occupancy.
ARTICLE 6- CONTRACTOR'S RESPONSIBILITIES
iq
6.01 Supervision and Superintendence
A. CONTRACTOR shall supervise, inspect, and direct
the Work competently and efficiently, devoting such attention
thereto and applying such skills and expertise as may be
necessary to perform the Work in accordance with the
Contract Documents. CONTRACTOR shall be solely
responsible for the means, methods, techniques, sequences,
and procedures of construction, but CONTRACTOR shall
not be responsible for the negligence of OWNER or
ENGINEER in the design or specification of a specific
means, method, technique, sequence, or procedure of
construction which is shown or indicated in and expressly
required by the Contract Documents. CONTRACTOR shall
be responsible to see that the completed Work complies
accurately with the Contract Documents.
B. At all times during the progress of the Work,
CONTRACTOR shall assign a competent resident superin-
tendent thereto who shall not be replaced without written
notice to OWNER and ENGINEER except under
extraordinary circumstances. The superintendent will be
CONTRACTOR's representative at the Site and shall have
authority to act on behalf of CONTRACTOR. All
communications given to or received from the superintendent
shall be binding on CONTRACTOR.
I
11
I
I
I
I
I
I 1
LI
C1
I
I
I
I
I
00700-18
I
I
I
I
r1
I
I
C
C
6.02 Labor; Working Hours
A. CONTRACTOR shall provide competent, suitably
qualified personnel to survey, lay out, and construct the
Work as required by the Contract Documents. CON-
TRACTOR shall at all times maintain good discipline and
order at the Site.
B. Except as otherwise required for the safety or
protection of persons or the Work or property at the Site or
adjacent thereto, and except as otherwise stated in the
Contract Documents, all Work at the Site shall be performed
during regular working hours, and CONTRACTOR will not
permit overtime work or the performance of Work on
Saturday, Sunday, or any legal holiday without OWNER's
written consent (which will not be unreasonably withheld)
given after prior written notice to ENGINEER.
6.03 Services, Materials, and Equipment
A. Unless otherwise specified in the General Re-
quirements, CONTRACTOR shall provide and assume full
responsibility for all services, materials, equipment, labor,
transportation, construction equipment and machinery, tools,
appliances, fuel, power, light, heat, telephone, water,
sanitary facilities, temporary facilities, and all other facilities
and incidentals necessary for the performance, testing,
start-up, and completion of the Work.
B. All materials and equipment incorporated into the
Work shall be as specified or, if not specified, shall be of
good quality and new, except as otherwise provided in the
Contract Documents. All warranties and guarantees
specifically called for by the Specifications shall expressly
run to the benefit of OWNER. If required by ENGINEER,
CONTRACTOR shall furnish satisfactory evidence
(including reports of required tests) as to the source, kind,
and quality of materials and equipment. All materials and
equipment shall be stored, applied, installed, connected,
erected, protected, used, cleaned, and conditioned in
accordance with instructions of the applicable Supplier,
except as otherwise may be provided in the Contract Docu-
ments.
6.04 Progress Schedule
A. CONTRACTOR shall adhere to the progress schedule
established in accordance with paragraph 2.07 as it may be
adjusted from time to time as provided below.
1. CONTRACTOR shall submit to ENGINEER for
acceptance (to the extent indicated in paragraph 2.07)
proposed adjustments in the progress schedule that will
not result in changing the Contract Times (or Milestones).
Such adjustments will conform generally to the progress
schedule then in effect and additionally will comply with
any provisions of the General Requirements applicable
thereto.
2. Proposed adjustments in the progress schedule
that will change the Contract Times (or Milestones) shall
be submitted in accordance with the requirements of
Article 12. Such adjustments may only be made by a
Change Order or Written Amendment in accordance with
Article 12.
6.05 Substitutes and "Or -Equals"
A. Whenever an item of material or equipment is.
specified or described in the Contract Documents by using
the name of a proprietary item or the name of a particular
Supplier, the specification or description is intended to
establish the type, function, appearance, and quality required.
Unless the specification or description contains or is followed
by words reading that no like, equivalent, or "or -equal" item
or no substitution is permitted, other items of material or
equipment or material or equipment of other Suppliers may
be submitted to ENGINEER for review under the circum-
stances described below.
1. "Or -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.I, 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 6.05.8
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
C
F
L
[J
LI
[1
11
I
I1
[1
1J
I
I
I
I
entities to be submitted to OWNER in advance for acceptance
by OWNER by a specified date prior to the Effective Date of
the Agreement, and if CONTRACTOR has submitted a list
thereof in accordance with the Supplementary Conditions,
OWNER's acceptance (either in writing or by failing to make
written objection thereto by the date indicated for acceptance
or objection in the Bidding Documents or the Contract
Documents) of any such Subcontractor, Supplier, or other
individual or entity so identified may be revoked on the basis
of reasonable objection after due investigation. CON-
TRACTOR shall submit an acceptable replacement for the
rejected Subcontractor, Supplier, or other individual or
entity, and the Contract Price will be adjusted by the differ-
ence in the cost occasioned by such replacement, and an
appropriate Change Order will be issued or Written
Amendment signed. No acceptance by OWNER of any such
Subcontractor, Supplier, or other individual or entity,
whether initially or as a replacement, shall constitute a
waiver of any right of OWNER or ENGINEER to reject
defective Work.
C. CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for all acts and omissions of the
Subcontractors, Suppliers, and other individuals or entities
performing or furnishing any of the Work just as
CONTRACTOR is responsible for CONTRACTOR's own
acts and omissions. Nothing in the Contract Documents shall
create for the benefit of any such Subcontractor, Supplier, or
other individual or entity any contractual relationship between
OWNER or ENGINEER and any such Subcontractor,
Supplier or other individual or entity, nor shall it create any
obligation on the part of OWNER or ENGINEER to pay or
to see to the payment of any moneys due any such Subcon-
tractor, Supplier, or other individual or entity except as may
otherwise be required by Laws and Regulations.
D. CONTRACTOR shall be solely responsible for
scheduling, and coordinating the Work of Subcontractors,
Suppliers, and other individuals or entities performing or
furnishing any of the Work under a direct or indirect contract
with CONTRACTOR.
E. CONTRACTOR shall require all Subcontractors,
Suppliers, and such other individuals or entities performing
or furnishing any of the Work to communicate with ENGI-
NEER through CONTRACTOR.
F. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control
CONTRACTOR in dividing the Work among Subcontractors
or Suppliers or delineating the Work to be performed by any
specific trade.
G. All Work performed for CONTRACTOR by a
Subcontractor or Supplier will be pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor
or Supplier which specifically binds the Subcontractor or
Supplier to the applicable terms and conditions of the
Contract Documents for the benefit of OWNER and
ENGINEER. Whenever any such agreement is with a
Subcontractor or Supplier who is listed as an additional
insured on the property insurance provided in paragraph
5.06, the agreement between the CONTRACTOR and the
Subcontractor or Supplier will contain provisions whereby
the Subcontractor or Supplier waives all rights against
OWNER, CONTRACTOR,. ENGINEER, ENGINEER's
Consultants, and all other individuals or entities identified in
the Supplementary Conditions to be listed as insureds or
additional insureds (and the officers, directors, partners,
employees, agents, and other consultants and subcontractors
of each and any of them) for all losses and damages caused
by, arising out of, relating to, or resulting from any of the
perils or causes of loss covered by such policies, and any
other property insurance applicable to the Work. If the
insurers on any such policies require separate waiver forms
to be signed by any Subcontractor or Supplier. CONTRAC-
TOR will obtain the same.
6.07 Patent Fees and Royalties
A. CONTRACTOR shall pay all license fees and
royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work of
any invention, design, process, product, or device which is
the subject of patent rights or copyrights held by others. If
a particular invention, design, process, product, or device is
specified in the Contract Documents for use in the
performance of the Work and if to the actual knowledge of
OWNER or ENGINEER its use is subject to patent rights or
copyrights calling for the payment of any license fee or
royalty to others, the existence of such rights shall be
disclosed by OWNER in the Contract Documents. To the
fullest extent permitted by Laws and Regulations,
CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER, ENGINEER's Consultants, and the
officers, directors, partners, employees or agents, and other
consultants of each and any of them from and against all
claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to any
infringement of patent rights or copyrights incident to the use
in the performance of the Work or resulting from the
incorporation in the Work of any invention, design, process,
product, or device not specified in the Contract Documents.
6.08 Permits
A. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all
construction permits and licenses. OWNER shall assist
CONTRACTOR, when necessary, in obtaining such permits
00700-21
LJ
and licenses. CONTRACTOR shall pay all governmental
charges and inspection fees necessary for the prosecution of
the Work which are applicable at the time of opening of Bids,
or, if there are no Bids, on the Effective Date of the
Agreement. CONTRACTOR shall pay all charges of utility
owners for connections to the Work, and OWNER shall pay
all charges of such utility owners for capital costs related
thereto, such as plant investment fees.
6.09 Laws and Regulations
• A. CONTRACTOR shall give all notices and comply
with all Laws and Regulations applicable to the performance
of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, neither OWNER nor
ENGINEER shall be responsible for monitoring
CONTRACTOR's compliance with any laws or Regulations.
B. If CONTRACTOR performs any Work knowing or
having reason to know that it is contrary to Laws or
Regulations, CONTRACTOR shall bear all claims, costs,
losses, and damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to such Work;
however, it shall not be CONTRACTOR's primary
responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations, but
this shall not relieve CONTRACTOR of CONTRACTOR's
obligations under paragraph 3.03.
C. Changes in Laws or Regulations not known at the
time of opening of Bids (or, on the Effective Date of the
Agreement if there were no Bids) having an effect on the cost
or time of performance of the Work may be the subject of an
adjustment in Contract Price or Contract Times. If OWNER
and CONTRACTOR are unable to agree on entitlement to or
on the amount or extent, if any, of any such adjustment, a
Claim may be made therefor as provided in paragraph 10.05.
6.10 Taxes
A. CONTRACTOR shall pay all sales, consumer, use,
and other similar taxes required to be paid by CONTRAC-
TOR in accordance with the Laws and Regulations of the
place of the Project which are applicable during the
performance of the Work.
6.11 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas
1. CONTRACTOR shall confine construction
equipment, the storage of materials and equipment, and
the operations of workers to the Site and other areas
permitted by Laws and Regulations, and shall not
unreasonably encumber the Site and other areas with
construction equipment or other materials or equipment.
CONTRACTOR shall assume full responsibility for any
damage to any such land or area, or to the owner or
occupant thereof, or of any adjacent land or areas
resulting from the performance of the Work.
2. Should any claim be made by any such owner or
occupant because of the performance of the Work,
CONTRACTOR shall promptly settle with such other
party by negotiation or otherwise resolve the claim by
arbitration or other dispute resolution proceeding or at
law.
3. To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold
harmless OWNER, ENGINEER, ENGINEER's
Consultant, and the officers, directors, partners,
employees, agents, and other consultants of each and any
of them from and against all claims, costs, losses, and
damages (including but not limited to all fees and charges
of engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) arising out of or relating to any claim or action,
legal or equitable, brought by any such owner or occupant
against OWNER, ENGINEER, or any other party
indemnified hereunder to the extent caused by or based
upon CONTRACTOR's performance of the Work.
B. Removal of Debris During Performance of the Work:
During the progress of the Work CONTRACTOR shall keep
the Site and other areas free from accumulations of waste
materials, rubbish, and other debris. Removal and disposal
of such waste materials, rubbish, and other debris shall con-
form to applicable laws and Regulations.
C. Cleaning: Prior to Substantial Completion of the
Work CONTRACTOR shall clean the Site and make it ready
for utilization by OWNER. At the completion of the Work
CONTRACTOR shall remove from the Site all tools,
appliances, construction equipment and machinery, and
surplus materials and shall restore to original condition all
property not designated for alteration by the Contract
Documents.
D. Loading Structures: CONTRACTOR shall not load
nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall
CONTRACTOR subject any part of the Work or adjacent
property to stresses or pressures that will endanger it.
6.12 Record Documents
A. CONTRACTOR shall maintain in a safe place at the
Site one record copy of all Drawings, Specifications,
Addenda, Written Amendments, Change Orders, Work
I
I
I
Li
[l
I
1
I
Li
I
I
[1
[J
I
00700-22
L
L
L
L
L
I
L
I
Li
L
I
I
L
I
I
I
Change Directives, Field Orders, and written interpretations
and clarifications in good order and annotated to show
changes made during construction. These record documents
together with all approved Samples and a counterpart of all
approved Shop Drawings will be available to ENGINEER for
reference. Upon completion of the Work, these record
documents, Samples, and Shop Drawings will be delivered to
ENGINEER.for OWNER.
6.13 Safety and Protection
A. CONTRACTOR shall be solely responsible for
initiating, maintaining and supervising all safety precautions
and programs in connection with the Work. CONTRACTOR
shall take all necessary precautions for the safety of, and
shall provide the necessary protection to prevent damage,
injury or loss to:
1. all persons on the Site or who may be affected
by the Work;
2. all the Work and materials and equipment to be
incorporated therein, whether in storage on or off the
Site; and
3. other property at the Site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities, and Underground Facilities
not designated for removal, relocation, or replacement in
the course of construction.
B. CONTRACTOR shall comply with all applicable
Laws and Regulations relating to the safety of persons or
property, or to the protection of persons or property from
damage, injury, or loss; and shall erect and maintain all
necessary safeguards for such safety and protection.
CONTRACTOR shall notify owners of adjacent property and
of Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall cooperate
with them in the protection, removal, relocation, and
replacement of their property. All damage, injury, or loss to
any property referred to in paragraph 6.13.A.2 or 6.13.A.3
caused, directly or indirectly, in whole or in part, by CON-
TRACTOR, any Subcontractor, Supplier, or any other
individual or entity directly or indirectly employed by any of
them to perform any of the Work, or anyone for whose acts
any of them may be liable, shall be remedied by
CONTRACTOR (except damage or loss attributable to the
fault of Drawings or Specifications or to the acts or
omissions of OWNER or ENGINEER or ENGINEER's Con-
sultant, or anyone employed by any of them, or anyone for
whose acts any of them may be liable, and not attributable,
directly or indirectly, in whole or in part, to the fault or
negligence of CONTRACTOR or any Subcontractor,
Supplier, or other individual or entity directly or indirectly
employed by any of them). CONTRACTOR's duties and
responsibilities for safety and for protection of the Work shall
continue until such time as all the Work is completed and
ENGINEER has issued a notice to 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
may require and in the number of copies specified in the
General Requirements. The data shown on the Shop
Drawings will be complete with respect to quantities, dimen-
sions, specified performance and design criteria, materials,
and similar data to show ENGINEER the services, materials,
and equipment CONTRACTOR proposes to provide and to
enable ENGINEER to review the information for the limited
purposes required by paragraph 6.17.E.
B. CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance with the
acceptable schedule of Shop Drawings and Sample
00700-23
I
submittals. Each Sample will be identified clearly as to
material, Supplier, pertinent data such as catalog numbers,
and the use for which intended and otherwise as ENGINEER
may require to enable ENGINEER to review the submittal
for the limited purposes required by paragraph 6.17.E. The
numbers of each Sample to be submitted will be as specified
in the Specifications.
C. Where a Shop Drawing or Sample is required by the
Contract Documents or the schedule of Shop Drawings and
Sample submittals acceptable to ENGINEER as required by
paragraph 2.07, any related Work performed prior to
ENGINEER's review and approval of the pertinent submittal
will be at the sole expense and responsibility of
CONTRACTOR.
D. Submittal Procedures
1. Before submitting each Shop Drawing or Sample,
CONTRACTOR shall have determined and verified:
a. all field measurements, quantities, dimen-
sions, specified performance criteria, installation
requirements, materials, catalog numbers, and
similar information with respect thereto;
b. all materials with respect to intended use,
fabrication, shipping, handling, storage, assembly,
and installation pertaining to the performance_ of the
Work;
c. all information relative to means, methods,
techniques, sequences, and procedures of construc-
tion and safety precautions and programs incident
thereto; and
d. CONTRACTOR shall also have reviewed
and coordinated each Shop Drawing or Sample with
other Shop Drawings and Samples and with the
requirements of the Work and the Contract Docu-
ments.
2. Each submittal shall bear a stamp or specific
written indication that CONTRACTOR has satisfied
CONTRACTOR's obligations under the Contract
Documents with respect to CONTRACTOR's review and
approval of that submittal.
3. At the time of each submittal, CONTRACTOR
shall give ENGINEER specific written notice of such
variations, if any, that the Shop Drawing or Sample
submitted may have from the requirements of the
Contract Documents, such notice to be in a written com-
munication separate from the submittal; and, in addition,
shall cause a specific notation to be made on each Shop
Drawing and
Sample
submitted
to ENGINEER for review
and approval
of each
such
variation.
E. ENGINEER's Review
1. ENGINEER will timely review and approve
Shop Drawings and Samples in accordance with the
schedule of Shop Drawings and Sample submittals
acceptable to ENGINEER. ENGINEER's review and
approval will be only to determine if the items covered by
the submittals will, after installation or incorporation in
the Work, conform to the information given in the
Contract Documents and be compatible with the design
concept of the completed Project as a functioning whole
as indicated by the Contract Documents.
2. ENGINEER's review and approval will not
extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular
means, method, technique, sequence, or procedure of
construction is specifically and expressly called for by the
Contract Documents) or to safety precautions or programs
incident thereto. The review and approval of a separate
item as such will not indicate approval of the assembly in
which the item functions.
3. ENGINEER's review and approval of Shop
Drawings or Samples shall not relieve CONTRACTOR
from responsibility for any variation from the require-
ments of the Contract Documents unless CONTRACTOR
has in writing called ENGINEER's attention to each such
variation at the time of each submittal as required by
paragraph 6.17.D.3 and ENGINEER has given written
approval of each such variation by specific written
notation thereof incorporated in or accompanying the
Shop Drawing or Sample approval; nor will any approval
by ENGINEER relieve CONTRACTOR from
responsibility for complying with the requirements of
paragraph 6.17.D.1.
F. Resubmittal Procedures
1. CONTRACTOR shall make corrections required
by ENGINEER and shall return the required number of
corrected copies of Shop Drawings and submit as
required new Samples for review and approval. CON-
TRACTOR shall direct specific attention in writing to
revisions other than the corrections called for by ENGI-
NEER on previous submittals.
6.18 Continuing the Work
A. CONTRACTOR shall carry on the Work and adhere
to the progress schedule during all disputes or disagreements
with OWNER. No Work shall be delayed or postponed
pending resolution of any disputes or disagreements, except
I
Li
I1
I
I
I
LI
r
H
I
I
C
I
I
H
00700-24
I
1
1
I
1
as permitted by paragraph 15.04 or as OWNER and
CONTRACTOR may otherwise agree in writing.
6.19 CONTRACTOR's General Warranty and Guarantee
A. CONTRACTOR warrants and guarantees to
OWNER, ENGINEER, and ENGINEER's Consultants that
all Work will be in accordance with the Contract Documents
and will not be defective. CONTRACTOR's warranty and
guarantee hereunder excludes defects or damage caused by:
1. abuse, modification, or improper maintenance or
operation by persons other than CONTRACTOR, Sub-
contractors, Suppliers, or any other individual or entity
for whom CONTRACTOR is responsible; or
2. normal wear and tear under normal usage.
B. CONTRACTOR's obligation to perform and
complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will
constitute an acceptance of Work that is not in accordance
with the Contract Documents or a release of
CONTRACTOR's obligation to perform the Work in
accordance with the Contract Documents:
1. observations by ENGINEER;
2. recommendation by ENGINEER or payment by
OWNER of any progress or final payment;
3. the issuance of a certificate of Substantial
Completion by ENGINEER or any payment related
thereto by OWNER;
4. use or occupancy of the Work or any part thereof
by OWNER;
5. any acceptance by OWNER or any failure to do
so;
6. any review and approval of a Shop Drawing or
Sample submittal or the issuance of a notice of acceptabil-
ity by ENGINEER;
7. any inspection, test, or approval by others; or
8. any correction of defective Work by OWNER.
6.20 Indemnification
A. To the fullest extent permitted by Laws and Regula-
tions, CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER, ENGINEER's Consultants, and the
officers, directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them from
and against all claims, costs, losses, and damages (including
but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of or
relating to the performance of the Work, provided that any
such claim, cost, loss, or damage:
1. is attributable to bodily injury, sickness, disease,
or death, or to injury to or destruction of tangible
property (other than the Work itself), including the loss of
use resulting therefrom; and
2. is caused in whole or in part by any negligent act
or omission of CONTRACTOR, any Subcontractor, any
Supplier, or any individual or entity directly or indirectly
employed by any of them to perform any of the Work or
anyone for whose acts any of them may be liable,
regardless of whether or not caused in part by any
negligence or omission of an individual or entity indem-
nified hereunder or whether liability is imposed upon such
indemnified party by Laws and Regulations regardless of
the negligence of any such individual or entity.
B. In any and all claims against OWNER or ENGINEER
or any of their respective consultants, agents, officers,
directors, partners, or employees by any employee (or the
survivor or personal representative of such employee) of
CONTRACTOR, any Subcontractor, any Supplier, or any
individual or entity directly or indirectly employed by any of
them to perform any of the Work, or anyone for whose acts
any of them may be liable, the indemnification obligation
under paragraph 6.20.A shall not be limited in any way by
any limitation on the amount or type of damages,
compensation, or benefits. payable by or for CONTRACTOR
or any such Subcontractor. Supplier, or other individual or
entity under workers' compensation acts, disability benefit
acts, or other employee benefit acts.
C. The indemnification obligations of CONTRACTOR
under paragraph 6.20.A shall not extend to the liability of
ENGINEER and ENGINEER's Consultants or to the
officers, directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them
arising out of:
00700-25
1. the preparation or approval of, or the failure to
prepare or approve, maps, Drawings, opinions, reports,
surveys, Change Orders, designs, or Specifications; or
2. giving directions or instructions, or failing to
give them, if that is the primary cause of the injury or
damage.
I
ARTICLE 7 - OTHER WORK
7.01 Related Work at Site
A. OWNER may perform other work related to the
Project at the Site by OWNER's employees, or let other
direct contracts therefor, or have other work performed by
utility owners. If such other work is not noted in the Con-
tract Documents, then:
1. written notice thereof will be given to CON-
TRACTOR prior to starting any such other work; and
2. if OWNER and CONTRACTOR are unable to
agree on entitlement to or on the amount or extent, if any,
of any adjustment in the Contract Price or Contract Times
that should be allowed as a result of such other work, a
Claim may be made therefor as provided in paragraph
10.05.
B. CONTRACTOR shall afford each other contractor
who is a parry to such a direct contract and each utility owner
(and OWNER, if OWNER is performing the other work with
OWNER's employees) proper and safe access to the Site and
a reasonable opportunity for the introduction and storage of
materials and equipment and the execution of such other
work and shall properly coordinate the Work with theirs.
Unless otherwise provided in the Contract Documents, CON-
TRACTOR shall do all cutting, fitting, and patching of the
Work that may be required to properly connect or otherwise
make its several parts come together and properly integrate
with such other work. CONTRACTOR shall not endanger
any work of others by cutting, excavating, or otherwise
altering their work and will only cut or alter their work with
the written consent of ENGINEER and the others whose
work will be affected. The duties and responsibilities of
CONTRACTOR under this paragraph are for the benefit of
such utility owners and other contractors to the extent that
there are comparable provisions for the benefit of
CONTRACTOR in said direct contracts between OWNER
and such utility owners and other contractors.
C. If the proper execution or results of any part of
CONTRACTOR's Work depends upon work performed by
others under this Article 7, CONTRACTOR shall inspect
such other work and promptly report to ENGINEER in
writing any delays, defects, or deficiencies in such other
work that render it unavailable or unsuitable for the proper
execution and results of CONTRACTOR's Work.
CONTRACTOR's failure to so report will constitute an
acceptance of such other work as fit and proper for
integration with CONTRACTOR's Work except for latent
defects and deficiencies in such other work.
7.02 Coordination
A. If OWNER intends to contract with others for the
performance of other work on the Project at the Site, the
following will be set forth in Supplementary Conditions:
1. the individual or entity who will have authority
and responsibility for coordination of the activities among
the various contractors will be identified;
2. the specific matters to be covered by such
authority and responsibility will be itemized; and
3. the extent of such authority and responsibilities
will be provided.
B. Unless otherwise provided in the Supplementary
Conditions, OWNER shall have sole authority and respon-
sibility for such coordination.
ARTICLE 8- OWNER'S RESPONSIBILITIES
8.01 Communications to Contractor
A. Except as otherwise provided in these General Condi-
tions, OWNER shall issue all communications to
CONTRACTOR through ENGINEER.
8.02 Replacement of ENGINEER
A. In case of termination of the employment of ENGI-
NEER, OWNER shall appoint an engineer to whom
CONTRACTOR makes no reasonable objection, whose status
under the Contract Documents shall be that of the former
ENGINEER.
8.03 Furnish Data
A. OWNER shall promptly furnish the data required of
OWNER under the Contract Documents.
8.04 Pay Promptly When Due
A. OWNER shall make payments to CONTRACTOR
promptly when they are due as provided in paragraphs
14.02.C and 14.07.C.
8.05 Lands and Easements; 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
00700-26
I
I
'
I
I
I
I
I
I
I
I
I
I I
I
I
I
11
I
I
I
I
I
1
H
I
I
and tests of subsurface conditions and drawings of physical
conditions in or relating to existing surface or subsurface
structures at or contiguous to the Site that have been utilized
by ENGINEER in preparing the Contract Documents.
8.06 Insurance
A. OWNER's responsibilities, if any, in'respect to pur-
chasing and maintaining liability and property insurance are
set forth in Article 5.
8.07 Change Orders
A. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.03.
8.08 Inspections, Tests, and Approvals
A. OWNER's responsibility in respect to certain inspec-
tions, tests, and approvals is set forth in paragraph 13.03.B.
8.09 Limitations on OWNER's Responsibilities
A. The OWNER shall not supervise, direct, or have
control or authority over, nor be responsible for,
CONTRACTOR's means, methods, techniques, sequences,
or procedures of construction, or the safety precautions and
programs incident thereto, or for any failure of CON-
TRACTOR to comply with Laws and Regulations applicable
to the performance of the Work. OWNER will not be
responsible for CONTRACTOR's failure to perform the
Work in accordance with the Contract Documents.
8.10 Undisclosed Hazardous Environmental Condition
A. OWNER's responsibility in respect to an undisclosed
Hazardous Environmental Condition is set forth in paragraph
4.06.
8.11 Evidence of Financial Arrangements
A. If and to the extent OWNER has agreed to furnish
CONTRACTOR reasonable evidence that financial
arrangements have been made to satisfy OWNER's
obligations under the Contract Documents, OWNER's
responsibility in respect thereof will be as set forth in the
Supplementary Conditions.
ARTICLE 9- ENGINEER'S STATUS DURING
CONSTRUCTION
9.01 OWNER'S Representative
A. ENGINEER will be OWNER's representative during
the construction period. The duties and responsibilities and
the limitations of authority of ENGINEER as OWNER's
representative during construction are set forth in the
Contract Documents and will not be changed without written
consent of OWNER and ENGINEER.
9.02 Visits to Site
A. ENGINEER will make visits to the Site at intervals
appropriate to .the various stages of construction as
ENGINEER deems necessary in order to observe as an
experienced and qualified design professional the progress
that has been made and the quality of the various aspects of
CONTRACTOR's executed Work. Based on information
obtained during such visits and observations, ENGINEER,
for the benefit of OWNER, will determine, in general, if the
Work is proceeding in accordance with the Contract
Documents. ENGINEER will not be required to make
exhaustive or continuous inspections on the Site to check the
quality or quantity of the Work. ENGINEER's efforts will.
be directed toward providing for OWNER a greater degree
of confidence that the completed Work will conform
generally to the Contract. Documents. On the basis of such
visits and observations, ENGINEER will keep OWNER
informed of the progress of the Work and will endeavor to
guard OWNER against defective Work.
B. ENGINEER's visits and observations are subject to
all the limitations on ENGINEER's authority and
responsibility set forth in paragraph 9.10, and particularly,
but without limitation, during or as a result of ENGINEER's
visits or observations of CONTRACTOR's Work
ENGINEER will not supervise, direct, control, or have
authority over or be responsible for CONTRACTOR's
means, methods, techniques, sequences, or procedures of
construction, or the safety precautions and programs incident
thereto, or for any failure of CONTRACTOR to comply with
Laws and Regulations applicable to the performance of the
Work.
9.03 Project Representative
A. If OWNER and ENGINEER agree, ENGINEER will
furnish a Resident Project Representative to assist
ENGINEER in providing more extensive observation of the
Work. The responsibilities and authority and limitations
thereon of any such Resident Project Representative and
assistants will be as provided in paragraph 9.10 and in the
Supplementary Conditions. If OWNER designates another
00700-27
I
representative or agent to represent OWNER at the Site who
is not ENGINEER's Consultant, agent or employee, the
responsibilities and authority and limitations thereon of such
other individual or entity will be as provided in the Supple-
mentary Conditions.
9.04 Clarifications and Interpretations
A. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the require-
ments of the Contract Documents as ENGINEER may deter-
mine necessary, which shall be consistent with the intent of
and reasonably inferable from the Contract Documents. Such
written clarifications and interpretations will be binding on
OWNER and CONTRACTOR. If OWNER and CON-
TRACTOR are unable to agree on entitlement to or on the
amount or extent, if any, of any adjustment in the Contract
Price or Contract Times, or both, that should be allowed as
a result of a written clarification or interpretation, a Claim
may be made therefor as provided in paragraph 10.05.
9.05 Authorized Variations in Work
A. ENGINEER may authorize minor variations in the
Work from the requirements of the Contract Documents
which do not involve an adjustment in the Contract Price or
the Contract Times and are compatible with the design
concept of the completed Project as a functioning whole as
indicated by the Contract Documents. These may be
accomplished by a Field Order and will be binding on
OWNER and also on CONTRACTOR, who shall perform
the Work involved promptly. If OWNER and CONTRAC-
TOR are unable to agree on entitlement to or on the amount
or extent, if any, of any adjustment in the Contract Price or
Contract Times, or both, as a result of a Field Order, a
Claim may be made therefor as provided in paragraph 10.05.
9.06 Rejecting Defective Work
A. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective, or
that ENGINEER believes will not produce a completed
Project that conforms to the Contract Documents or that will
prejudice the integrity of the design concept of the completed
Project as a functioning whole as indicated by the Contract
Documents. ENGINEER will also have authority to require
special inspection or testing of the Work as provided in
paragraph 13.04, whether or not the Work is fabricated,
installed, or completed.
9.07 Shop Drawings, Change Orders and Payments
A. In connection with ENGINEER's authority as to Shop
Drawings and Samples, see paragraph 6.17.
B.
In connection with
ENGINEER's
authority as to
Change
Orders, see Articles
10, 11, and 12.
C. In connection with ENGINEER's authority as to
Applications for Payment, see Article 14.
9.08 Determinations for Unit Price Work
A. ENGINEER will determine the actual quantities and
classifications of Unit Price Work performed by
CONTRACTOR. ENGINEER will review with CON-
TRACTOR the ENGINEER's preliminary determinations on
such matters before rendering a written decision thereon (by
recommendation of an Application for Payment or
otherwise). ENGINEER's written decision thereon will be
final and binding (except as modified by ENGINEER to
reflect changed factual conditions or more accurate data)
upon OWNER and CONTRACTOR, subject to the
provisions of paragraph 10.05.
9.09 Decisions on Requirements of Contract Documents
and Acceptability of Work
A. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims, disputes and
other matters relating to the acceptability of the Work, the
quantities and classifications of Unit Price Work, the
interpretation of the requirements of the Contract Documents
pertaining to the performance of the Work, and Claims
seeking changes in the Contract Price or Contract Times will
be referred initially to ENGINEER in writing, in accordance
with the provisions of paragraph 10.05, with a request for a
formal decision.
B. When functioning as interpreter and judge under this
paragraph 9.09, ENGINEER will not show partiality to
OWNER or CONTRACTOR and will not be liable in
connection with any interpretation or decision rendered in
good faith in such capacity. The rendering of a decision by
ENGINEER pursuant to this paragraph 9.09 with respect to
any such Claim, dispute, or other matter (except any which
have been waived by the making or acceptance of final
payment as provided in paragraph 14.07) will be a condition
precedent to any exercise by OWNER or CONTRACTOR of
such rights or remedies as either may otherwise have under
the Contract Documents or by Laws or Regulations in respect
of any such Claim, dispute, or other matter.
9.10 Limitations on ENGINEER's Authority and Respon-
sibilities
A. Neither ENGINEER's authority or responsibility
under this Article 9 or under any other provision of the
Contract Documents nor any decision made by ENGINEER
in good faith either to exercise or not exercise such authority
I
I
I
1
E
I
I
I
I
u
I
I
I
I
II
I
I
I
[Ti
I
I
I
I
I
I
I
L
I
I
I
or responsibility or the undertaking, exercise, or performance
of any authority or responsibility by ENGINEER shall create,
impose, or give rise to any duty in contract, tort, or
otherwise owed by ENGINEER to CONTRACTOR, any
Subcontractor, any Supplier, any other individual or entity,
or to any surety for or employee or agent of any of them.
B. ENGINEER will not supervise, direct, control, or
have authority over or be responsible for CONTRACTOR's
means, methods, techniques, sequences, or procedures of
construction, or the safety precautions and programs incident
thereto, or for any failure of CONTRACTOR to comply with
Laws and Regulations applicable to the performance of the
Work. ENGINEER will not be responsible for
CONTRACTOR's failure to perform the Work in accordance
with the Contract Documents.
C. ENGINEER will not be responsible for the acts or
omissions of CONTRACTOR or of any Subcontractor, any
Supplier, or of any other individual or entity performing any
of the Work.
D. ENGINEER's review of the final Application for
Payment and accompanying documentation and all mainte-
nance and operating instructions, schedules, guarantees,
Bonds, certificates of inspection, tests and approvals, and
other documentation required to be delivered by paragraph
14.07.A will only be to determine generally that their content
complies with the requirements of, and in the case of
certificates of inspections, tests, and approvals that the results
certified indicate compliance with, the Contract Documents.
E. The limitations upon authority and responsibility set
forth in this paragraph 9.10 shall also apply to ENGINEER's
Consultants, Resident Project Representative, and assistants.
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
10.01 Authorized Changes in the Work
A. Without invalidating the Agreement and without
notice to any surety, OWNER may, at any time or from time
to time, order additions, deletions, or revisions in the Work
by a Written Amendment, a Change Order, or a Work
Change Directive. Upon receipt of any such document,
CONTRACTOR shall promptly proceed with the Work
involved which will be performed under the applicable
conditions of the Contract Documents (except as otherwise
specifically provided).
B. If OWNER and CONTRACTOR are unable to agree
on entitlement to, or on the amount or extent, if any, of an
adjustment in the Contract Price or Contract Times, or both,
that should be allowed as a result of a Work Change
Directive,
a
Claim
may be made therefor as provided in
paragraph
10.05.
10.02 Unauthorized Changes in the Work
A. CONTRACTOR shall not be entitled to an increase
in the Contract Price or an extension of the Contract Times
with respect to any work performed that is not required by
the Contract Documents as amended, modified, or
supplemented as provided in paragraph 3.04, except in the
case of an emergency as provided in paragraph 6.16 .or in the
case of uncovering Work as provided in paragraph 13.04.B.
10.03 Execution of Change Orders
A. OWNER and CONTRACTOR shall execute
appropriate Change Orders recommended by ENGINEER (or
Written Amendments) covering:
1. changes in the Work which are: (i) ordered by
OWNER pursuant to paragraph 10.01.A, (ii) required
because of acceptance of defective Work under para-
graph 13.08.A or OWNER's correction of defective
Work under paragraph 13.09, or (iii) agreed to by the
parties;
2. changes in the Contract Price or Contract Times
which are agreed to by the parties, including any
undisputed sum or amount of time for Work actually
performed in accordance with a Work Change Directive;
and
3. changes in the Contract Price or Contract Times
which embody the substance of any written decision
rendered by ENGINEER pursuant to paragraph 10.05;
provided that, in lieu of executing any such Change
Order, an appeal may be taken from any such decision
in accordance with the provisions of the Contract
Documents and applicable Laws and Regulations, but
during any such appeal, CONTRACTOR shall carry on
the Work and adhere to the. progress schedule as
provided in paragraph 6.18.A.
10.04 Notification to Surety
A. If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
(including, but not limited to, Contract Price or Contract
Times) is required by the provisions of any Bond to be given
to a surety, the giving of any such notice will be
CONTRACTOR's responsibility. The amount of each
applicable Bond will be adjusted to reflect the effect of any
such change.
►.J I'
I
10.05 Claims and Disputes
A. Notice: Written notice stating the general nature of
each Claim, dispute, or other matter shall be delivered by the
claimant to ENGINEER and the other party to the Contract
promptly (but in no event later than 30 days) after the start of
the event giving rise thereto. Notice of the amount or extent
of the Claim, dispute, or other matter with supporting data
shall be delivered to the ENGINEER and the other party to
the Contract within 60 days after the start of such event
(unless ENGINEER allows additional time for claimant to
submit additional or more accurate data in support of such
Claim, dispute, or other matter). A Claim for an adjustment
in Contract Price shall be prepared in accordance with the
provisions of paragraph 12.01.B. A Claim for an adjustment
in Contract Time shall be prepared in accordance with the
provisions of paragraph 12.02.B. -Each Claim shall be
accompanied by claimant's written statement that the adjust-
ment claimed is the entire adjustment to which the claimant
believes it is entitled as a result of said event. The opposing
party shall submit any response to ENGINEER and the
claimant within 30 days after receipt of the claimant's last
submittal (unless ENGINEER allows additional time).
B. ENGINEER's Decision: ENGINEER will render
a formal decision in writing within 30 days after receipt of
the last submittal of the claimant or the last submittal of the
opposing party, if any. ENGINEER's written decision on
such Claim, dispute, or other matter will be final and binding
upon OWNER and CONTRACTOR unless:
1. an appeal from ENGINEER's decision is taken
within the time limits and in accordance with the dispute
resolution procedures set forth in Article 16; or
2. if no such dispute resolution procedures have
been set forth in Article 16, a written notice of intention
to appeal from ENGINEER's. written decision is
delivered by OWNER or CONTRACTOR to the other
and to ENGINEER within 30 days after the date of such
decision, and a formal proceeding is instituted by the
appealing party in a forum of competent jurisdiction
within 60 days after the date of such decision or within
60 days after Substantial Completion, whichever is later
(unless otherwise agreed in writing by OWNER and
CONTRACTOR), to exercise such rights or remedies as
the appealing party may have with respect to such
Claim, dispute, or other matter in accordance with
applicable Laws and Regulations.
C. If ENGINEER does not render a formal decision in
writing within the time stated in paragraph 10.05.B, a
decision denying the Claim in its entirety shall be deemed to
have been issued 31 days after receipt of the last submittal of
the claimant or the last submittal of the opposing party, if
any.
D. No Claim for an adjustment in Contract Price or
Contract Times (or Milestones) will be valid if not submitted
in accordance with this paragraph 10.05.
ARTICLE 11 - COST OF THE WORK; CASH
ALLOWANCES; UNIT PRICE WORK
11.01 Cost of the Work
A. Costs Included: The term Cost of the Work means
the sum of all costs necessarily incurred and paid by CON-
TRACTOR in the proper performance of the Work. When
the value of any Work covered by a Change Order or when
a Claim for an adjustment in Contract Price is determined on
the basis of Cost of the Work, the costs to be reimbursed to
CONTRACTOR will be only those additional or incremental
costs required because of the change in the Work or because
of the event giving rise to the Claim. Except as otherwise
may be agreed to in writing by OWNER, such costs shall be
in amounts no higher than those prevailing in the locality of
the Project, shall include only the following items, and shall
not include any of the costs itemized in paragraph 11.01.B.
1. Payroll costs for employees in the direct employ
of CONTRACTOR in the performance of the Work
under schedules of job classifications agreed upon by
OWNER and CONTRACTOR. Such employees shall
include without limitation superintendents, foremen, and
other personnel employed full time at the Site. Payroll
costs for employees not employed full time on the Work
shall be apportioned on the basis of their time spent on
the Work. Payroll costs shall include, but not be limited
to, salaries and wages plus the cost of fringe benefits,
which shall include social security contributions, unem-
ployment, excise, and payroll taxes, workers'
compensation, health and retirement benefits, bonuses,
sick leave, vacation and holiday pay applicable thereto.
The expenses of performing Work outside of regular
working hours, on Saturday, Sunday, or legal holidays,
shall be included in the above to the extent authorized by
OWNER.
2. Cost of all materials and equipment furnished
and incorporated in the Work, including costs of
transportation and storage thereof, and Suppliers' field
services required in connection therewith. All cash
discounts shall accrue to CONTRACTOR unless
OWNER deposits funds with CONTRACTOR with
which to make payments, in which case the cash
discounts shall accrue to OWNER. All trade discounts,
rebates and refunds and returns from sale of surplus
materials and equipment shall accrue to OWNER, and
CONTRACTOR shall make provisions so that they may
be obtained.
I
Li
1
1
I
I
I
I
i
00700-30
I
1
•1
I
1
I
I
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-
' gene of CONTRACTOR, any Subcontractor, or
anyone directly or indirectly employed by any of
them or for whose acts any of them may be liable,
3. Payments made by CONTRACTOR to
Subcontractors for Work performed by Subcontractors.
If required by OWNER, CONTRACTOR shall obtain
competitive bids from subcontractors acceptable to
OWNER and CONTRACTOR and shall deliver such
bids to OWNER, who will then determine, with the
advice of ENGINEER, which bids, if any, will be
acceptable. If any subcontract provides that the
Subcontractor is to be paid on the basis of Cost of the
Work plus a fee, the Subcontractor's Cost of the Work
and fee shall be determined in the same manner as
CONTRACTOR's Cost of the Work and fee as provided
in this paragraph 11.01.
4. Costs of special consultants (including but not
limited to engineers, architects, testing laboratories,
surveyors, attorneys, and accountants) employed for
services specifically related to the Work.
5. Supplemental costs including the following:
a. The proportion of necessary transportation,
travel, and subsistence expenses of
CONTRACTOR's employees incurred in discharge
of duties connected with the Work.
b. Cost, including transportation and mainte-
nance, of all materials, supplies, equipment,
machinery, appliances, office, and temporary facili-
ties at the Site, and hand tools not owned by the
workers, which are consumed in the performance of
the Work, and cost, less market value, of such items
used but not consumed which remain the property of
CONTRACTOR.
and royalty payments and fees for permits and
licenses.
f. Losses and damages (and related expenses)
caused by damage to the Work, not compensated by
insurance or otherwise, sustained by
CONTRACTOR in connection with the perfor-
mance of the Work (except losses and damages
within the deductible amounts of property insurance
established in accordance with paragraph 5.06.1)),
provided such losses and damages have resulted
from causes other than the negligence of
CONTRACTOR, any Subcontractor, or anyone
directly or indirectly employed by any of them or
for whose acts any of them may be liable. Such
losses shall include settlements made with the
written consent and approval of OWNER. No such
losses, damages, and expenses shall be included in
the Cost of the Work for the purpose of determining
CONTRACTOR's fee.
g. The cost of utilities, fuel, and sanitary
facilities at the Site.
h. Minor expenses such as telegrams, long
distance telephone calls, telephone service at the
Site, expressage, and similar petty cash items in
connection with the Work.
i. When the Cost of the Work is used to
determine the value of a Change Order or of a
Claim, the cost of premiums for additional Bonds
and insurance required because of the changes in the
Work or caused by the event giving rise to the
Claim.
j. When all the Work is performed on the
basis of cost-plus, the costs of premiums for all
Bonds and insurance CONTRACTOR is required by
the Contract Documents to purchase and maintain.
B. Costs Excluded: The term Cost of the Work shall
not include any of the following items:
1. Payroll costs and other compensation of
CONTRACTOR's officers, executives, principals (of
partnerships and sole proprietorships), general manag-
ers, engineers, architects, estimators, attorneys, audi-
tors, accountants, purchasing and contracting agents,
expediters, timekeepers, clerks, and other personnel
employed by CONTRACTOR, whether at the Site or in
CONTRACTOR's principal or branch office for general
administration of the Work and not specifically included
in the agreed upon schedule of job classifications
referred to in paragraph 11.01.A.1 or specifically
covered by paragraph 11.01.A.4, all of which are to be
' 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. Documentation: Whenever the Cost of the Work for
any purpose is to be determined pursuant to paragraphs
11.01.A and 11.01.8, CONTRACTOR will establish and
maintain records thereof in accordance with generally
accepted accounting practices and submit in a form
acceptable to ENGINEER an itemized cost breakdown
together with supporting data.
11.02 Cash Allowances
A. It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the Contract
Documents and shall cause the Work so covered to be
performed for such sums as may be acceptable to OWNER
and ENGINEER. CONTRACTOR agrees that:
1. the allowances include the cost to CONTRAC-
TOR (less any applicable trade discounts) of materials
and equipment required by the allowances to be
delivered at the Site, and all applicable taxes; and
2. CONTRACTOR's costs for unloading and
handling on the Site, labor, installation costs, overhead,
profit, and other expenses contemplated for the allow -
ances have been included in the Contract Price and not
in the allowances, and no demand for additional payment
on account of any of the foregoing will be valid.
B. Prior to final payment, an appropriate Change Order
will be issued as recommended by ENGINEER to reflect
actual amounts due CONTRACTOR on account of Work
covered by allowances, and the Contract Price shall be
correspondingly adjusted.
11.03 Unit Price Work
A. Where the Contract Documents provide that all or
part of the Work is to be Unit Price Work, initially the
Contract Price will be deemed to include for all Unit Price
Work an amount equal to the sum of the unit price for each
separately identified item of Unit Price Work times the
estimated quantity of each item as indicated in the Agree-
ment. The estimated quantities of items of Unit Price Work
are not guaranteed and are solely for the purpose of
comparison of Bids and determining an initial Contract Price.
Determinations of the actual quantities and classifications of
Unit Price Work performed by CONTRACTOR will be
made by ENGINEER subject to the provisions of paragraph
9.08.
B. Each unit price will be deemed to include an amount
considered by CONTRACTOR to be adequate to cover
CONTRACTOR's overhead and profit for each separately
identified item.
C. OWNER or CONTRACTOR may make a Claim for
an adjustment in the Contract Price in accordance with
paragraph 10.05 if:
00700 -32
1. the quantity of any item of Unit Price Work
performed by CONTRACTOR differs materially and
significantly from the estimated quantity of such item
indicated in the Agreement; and
2. there is no corresponding adjustment with
respect any other item of Work; and
3. if CONTRACTOR believes that
CONTRACTOR is entitled to an increase in Contract
Price as a result of having incurred additional expense or
OWNER believes that OWNER is entitled to a decrease
in Contract Price and the panics are unable to agree as
to the amount of any such increase or decrease.
I
I
1
I
i
1
I,
I
I
I1
I
I
I
TI
I
I
I
I
I
I
Cl
ARTICLE 12 - CHANGE OF CONTRACT PRICE;
CHANGE OF CONTRACT TIMES
12.01 Change of Contract Price
A. The Contract Price may only be changed by a
Change Order or by a Written Amendment. Any Claim for
an adjustment in the Contract Price shall be based on written
notice submitted by the party making the Claim to the
ENGINEER and the other party to the Contract in accor-
dance with the provisions of paragraph 10.05.
B. The value of any Work covered by a Change Order
or of any Claim for an adjustment in the Contract Price will
be determined as follows:
1. where the Work involved is covered by unit
prices contained in the Contract Documents, by applica-
tion of such unit prices to the quantities of the items
involved (subject to the provisions of paragraph 11.03);
or
2. where the Work involved is not covered by unit
prices contained in the Contract Documents, by a
mutually agreed lump sum (which may include an
allowance for overhead and profit not necessarily in
accordance with paragraph 12.01.C.2); or
3. where the Work involved is not covered by unit
prices contained in the Contract Documents and agree-
ment to a lump sum is not reached under paragraph
12.01.B.2, on the basis of the Cost of the Work
(determined as provided in paragraph 11.01) plus a
CONTRACTOR's fee for overhead and profit (deter-
mined as provided in paragraph 12.01.C).
C. CONTRACTOR's Fee: The CONTRACTOR's fee
for overhead and profit shall be determined as follows:
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, I1.01.A.5,
and 11.01.B;
e. the amount of credit to be allowed by
CONTRACTOR to OWNER for any change which
results in a net decrease in cost will be the amount
of the actual net decrease in cost plus a deduction in
CONTRACTOR's fee by an amount equal to five
percent of such net decrease; and
f. when both additions and credits are in-
volved in any one change, the adjustment in
CONTRACTOR's fee shall be computed on the
basis of the net change in accordance with para-
graphs 12.01.C.2.a through 12.01.C.2.e, inclu-
sive.
12.02 Change of Contract Times
A. The Contract Times (or Milestones) may only be
changed by a Change Order or by a Written Amendment.
Any Claim for an adjustment in the Contract Times (or
Milestones) shall be based on written notice submitted by•the
party making the claim to the ENGINEER and the other
party to the Contract in accordance with the provisions of
paragraph 10.05.
B. Any adjustment of the Contract Times (or
Milestones) covered by a Change Order or of any Claim for
an adjustment in the Contract Times (or Milestones) will be
determined in accordance with the provisions of this
Article 12.
12.03 Delays Beyond CONTRACTOR's Control
A. Where CONTRACTOR is prevented from
completing any part of the Work within the Contract Times
(or Milestones) due to delay beyond the control of
CONTRACTOR, the Contract Times (or Milestones) will be
extended in an amount equal to the time lost due to such
delay if a Claim is made therefor as provided in paragraph
12.02.A: Delays beyond the control of CONTRACTOR
shall include, but not be limited to, acts or neglect by
OWNER, acts or neglect of utility owners or other
contractors performing other work as contemplated by
00700-33
Article 7, fires, floods, epidemics, abnormal weather
conditions, or acts of God.
12.04 Delays Within CONTRACTOR's Control
A. The Contract Times (or Milestones) will not be
extended due to delays within the control of
CONTRACTOR. Delays attributable to and within the
control of a Subcontractor or Supplier shall be deemed to be
delays within the control of CONTRACTOR.
12.05 Delays Beyond OWNER's and CONTRACTOR's
Control
A. Where CONTRACTOR is prevented from complet-
ing any part of the Work within the Contract Times (or
Milestones) due to delay beyond the control of both OWNER
and CONTRACTOR, an extension of the Contract Times (or
Milestones) in an amount equal to the time lost due to such
delay shall be CONTRACTOR's sole and exclusive remedy
for such delay.
12.06 Delay Damages
A. In no event shall OWNER or ENGINEER be liable
to CONTRACTOR, any Subcontractor, any Supplier, or any
other person or organization, or to any surety for or
employee or agent of any of them, for damages arising out of
or resulting from:
1. delays caused by or within the control of CON-
TRACTOR; or
2. delays beyond the control of both OWNER and
CONTRACTOR including but not limited to fires,
floods, epidemics, abnormal weather conditions, acts of
God, or acts or neglect by utility owners or other
contractors performing other work as contemplated by
Article 7.
B. Nothing in this paragraph 12.06 bars a change in
Contract Price pursuant to this Article 12 to compensate
CONTRACTOR due to delay, interference, or disruption
directly attributable to actions or inactions of OWNER or
anyone for whom OWNER is responsible.
ARTICLE 13 - TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
A. Prompt notice
of
all defective Work of
which
OWNER or ENGINEER
has
actual knowledge will be
given
to CONTRACTOR. All
defective
Work
may .be rejected,
corrected, or accepted as
provided
in this
Article 13.
13.02 Access to Work
A. OWNER, ENGINEER, ENGINEER's Consultants,
other representatives and personnel of OWNER, independent
testing laboratories, and governmental agencies with
jurisdictional interests will have access to the Site and the
Work at reasonable times for their observation, inspecting,
and testing. CONTRACTOR shall provide them proper and
safe conditions for such access and advise them of
CONTRACTOR's Site safety procedures and programs so
that they may comply therewith as applicable.
13.03 Tests and Inspections
A. CONTRACTOR shall give ENGINEER timely
notice of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and
testing personnel to facilitate required inspections or tests.
B. OWNER shall employ and pay for the services of an
independent testing laboratory to perform all inspections,
tests, or approvals required by the Contract Documents
except:
1. for inspections, tests, or approvals covered by
paragraphs 13.03.C and 13.03.D below;
2. that costs incurred in connection with tests or
inspections conducted pursuant to paragraph 13.04.B
shall be paid as provided in said paragraph 13.04.B; and
3. as otherwise specifically provided in the Con-
tract Documents.
C. If Laws or Regulations of any public body having
jurisdiction require any Work (or part thereof) specifically to
be inspected, tested, or approved by an employee or other
representative of such public body, CONTRACTOR shall
assume full responsibility for arranging and obtaining such
inspections, tests, or approvals, pay all costs in connection
therewith, and furnish ENGINEER the required certificates
of inspection or approval.
D. CONTRACTOR shall be responsible for arranging
and obtaining and shall pay all costs in connection with any
inspections, tests, or approvals required for OWNER's and
ENGINEER's acceptance of materials or equipment to be
incorporated in the Work; or acceptance of materials, mix
designs, or equipment submitted for approval prior to
CONTRACTOR's purchase thereof for incorporation in the
Work. Such inspections, tests, or approvals shall be
performed by organizations acceptable to OWNER and
ENGINEER.
I
I
I
I
Cl
00700-34
C
I
I
I
I
I
I
I
I
I
I
I
I
I
I
E. If any Work (or the work of others) that is to be
inspected, tested, or approved is covered by CONTRACTOR
without written concurrence of ENGINEER, it must, if
requested by ENGINEER, be uncovered for observation.
F. Uncovering Work as provided in paragraph 13.03.E
shall be at CONTRACTOR's expense unless CON-
TRACTOR. has given ENGINEER timely notice of
CONTRACTOR's intention to cover the same and ENGI-
NEER has not acted with reasonable promptness in response
to such notice.
13.04 Uncovering Work
A. If any Work is covered contrary to the written
request of ENGINEER, it must, if requested by ENGINEER,
be uncovered for ENGINEER's observation and replaced at
CONTRACTOR's expense.
B. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or inspected
or tested by others, CONTRACTOR, at ENGINEER's
request, shall uncover, expose, or otherwise make available
for observation, inspection, or testing as ENGINEER may
require, that portion of the Work in question, furnishing all
necessary labor, material, and equipment. If it is found that
such Work is defective, CONTRACTOR shall pay all
Claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to such
uncovering, exposure, observation, inspection, and testing,
and of satisfactory replacement or reconstruction (including
but not limited to all costs of repair or replacement of work
of others); and OWNER shall be entitled to an appropriate
decrease in the Contract Price. If the parties are unable to
agree as to the amount thereof, OWNER may make a Claim
therefor as provided in paragraph 10.05. If, however, such
Work is not found to be defective, CONTRACTOR shall be
allowed an increase in the Contract Price or an extension of
the Contract Times (or Milestones), or both, directly attribut-
able to such uncovering, exposure, observation, inspection,
testing, replacement, and reconstruction. If the parties are
unable to agree as to the amount or extent thereof,
CONTRACTOR may make a Claim therefor as provided in
paragraph 10.05.
13.05 OWNER May Stop the Work
A. If the Work is defective, or CONTRACTOR fails to
supply sufficient skilled workers or suitable materials or
equipment, or fails to perform the Work in such a way that
the completed Work will conform to the Contract
Documents, OWNER may order CONTRACTOR to stop the
Work, or any portion thereof, until the cause for such order
has been eliminated; however, this right of OWNER to stop
the Work shall not give rise to any duty on the part of
OWNER to exercise this right for the benefit of
CONTRACTOR, any Subcontractor, any Supplier, any other
individual or entity, or any surety for, or employee or agent
of any of them.
13.06 Correction or Removal of Defective Work
A. CONTRACTOR shall correct all defective Work,
whether or not fabricated, installed, or completed, or, if the
Work has been rejected by ENGINEER, remove it from the
Project and replace it with Work that is not defective.
CONTRACTOR shall pay all Claims, costs, losses, and
damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and
all court or arbitration or other dispute resolution costs)
arising out of or relating to such correction or removal
(including but not limited to all costs of repair or replacement
of work of others).
13.07 Correction Period
A. If within one year after the date of Substantial
Completion or such longer period of time as may be
prescribed by Laws or Regulations or by the terms of any
applicable special guarantee required by the Contract
Documents or by any specific provision of the Contract
Documents, any Work is found to be defective, or if the
repair of any damages to the land or areas made available for
CONTRACTOR's use by OWNER or permitted by Laws and
Regulations as contemplated in paragraph 6.11.A is found to
be defective, CONTRACTOR shall promptly, without cost
to OWNER and in accordance with OWNER's written
instructions: (i) repair such defective land or areas, or (ii)
correct such defective Work or, if the defective Work has
been rejected by OWNER, remove it from the Project and
replace it with Work that is not defective, and (iii) satisfac-
torily corrector repair or remove and replace any damage to
other Work, to the work of others or other land or areas
resulting therefrom. If CONTRACTOR does not promptly
comply with the terms of such instructions, or in an
emergency where delay would cause serious risk of loss or
damage, OWNER may have the defective Work corrected or
repaired or may have the rejected Work removed and
replaced, and all Claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and
all court or arbitration or other dispute resolution costs)
arising out of or relating to such correction or repair or such
removal and replacement (including but not limited to all
costs of repair or replacement of work of others) will be paid
by CONTRACTOR.
B. In special circumstances where a particular item of
equipment is placed in continuous service before Substantial
Completion of all the Work, the correction period for that
00700-35
I
item may start to run from an earlier date if so provided in
the Specifications or by Written Amendment.
C. Where defective Work (and damage to other Work
resulting therefrom) has been corrected or removed and
replaced under this paragraph 13.07, the correction period
hereunder with respect to such Work will be extended for an
additional period of one year after such correction or removal
and replacement has been satisfactorily completed.
D. CONTRACTOR's obligations under this paragraph
13.07 are in addition to any other obligation or warranty.
The provisions of this paragraph 13.07 shall not be construed
as a substitute for or a waiver of the provisions of any
applicable statute of limitation or repose.
13.08 Acceptance of Defective Work
A. If, instead of requiring correction or removal and
replacement of defective Work, OWNER (and, prior to
ENGINEER's recommendation of fmal 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
fmal payment, a Change Order will be issued incorporating
the necessary revisions in the Contract Documents with
respect to the Work, and OWNER shall be entitled to an
appropriate decrease in the Contract Price, reflecting the
diminished value of Work so accepted. If the parties are
unable to agree as to the amount thereof, OWNER may make
a Claim therefor as provided in paragraph 10.05. If the
acceptance occurs after such recommendation, an appropriate
amount will be paid by CONTRACTOR to OWNER.
13.09 OWNER May Correct Defective Work
A. If CONTRACTOR fails within a reasonable time
after written notice from ENGINEER to correct defective
Work or to remove and replace rejected Work as required.by
ENGINEER in accordance with paragraph 13.06.A, or if
CONTRACTOR fails to perform the Work in accordance
with the Contract Documents, or if CONTRACTOR fails to
comply with any other provision of the Contract Documents,
OWNER may, after seven days written notice to
CONTRACTOR, correct and remedy any such deficiency.
B. In
exercising
the rights and
remedies under
this
paragraph.
OWNER
shall proceed
expeditiously.
In
connection with such corrective and remedial action,
OWNER may exclude CONTRACTOR from all or part of
the Site, take possession of all or part of the Work and
suspend CONTRACTOR's services related thereto,take
possession of CONTRACTOR's tools, appliances, con-
struction equipment and machinery at the Site, and incorpo-
rate in the Work all materials and equipment stored at the
Site or for which OWNER has paid CONTRACTOR but
which are stored elsewhere. CONTRACTOR shall allow
OWNER, OWNER's representatives, agents and employees,
OWNER's other contractors, and ENGINEER and
ENGINEER's Consultants access to the Site to enable
OWNER to exercise the rights and remedies under this
paragraph.
C. All Claims, costs, losses, and damages (including
but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) incurred or
sustained by OWNER in exercising the rights and remedies
under this paragraph 13.09 will be charged against CON-
TRACTOR, and a Change Order will be issued incorporating
the necessary revisions in the Contract Documents with
respect to the Work; and OWNER shall be entitled to an
appropriate decrease in the Contract Price. If the parties are
unable to agree as to the amount of the adjustment, OWNER
may make a Claim therefor as provided in paragraph 10.05.
Such claims, costs, losses and damages will include but not
be limited to all costs of repair, or replacement of work of
others destroyed or damaged by correction, removal, or
replacement of CONTRACTOR's defective Work.
D. CONTRACTOR shall not be allowed an extension
of the Contract Times (or Milestones) because of any delay
in the performance of the Work attributable to the exercise by
OWNER of OWNER's rights and remedies under this
paragraph 13.09.
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND
COMPLETION
14.01 Schedule of Values
A. The schedule of values established as provided in
paragraph 2.07.A will serve as the basis for progress
payments and will be incorporated into a form of Application
for Payment acceptable to ENGINEER. Progress payments
on account of Unit Price Work will be based on the number
of units completed.
I
I
[1
I
I
I
I
I
I
I
I
00700-36
14.02 Progress Payments
A. Applications for Payments
1. At least 20 days before the date established for
each progress payment (but not more often than once a
month), CONTRACTOR shall submit to ENGINEER
•
for review an Application for Payment filled out and
signed by CONTRACTOR covering the Work
completed as of the date of the Application and
accompanied by such supporting documentation as is
required by the Contract Documents. If payment is
requested on the basis of materials and equipment not
incorporated in the Work but delivered and suitably
stored at the Site or at another location agreed to in
writing, the Application for Payment shall also be
accompanied by a bill of sale, invoice, or other docu-
mentation warranting that OWNER has received the
materials and equipment free and clear of all Liens and
evidence that the materials and equipment are covered
by appropriate property insurance or other arrangements
to protect OWNER's interest therein, all of which must
be satisfactory to OWNER.
2. Beginning with the second Application for
Payment, each Application shall include an affidavit of
CONTRACTOR stating that all previous progress
payments received on account of the Work have been
applied on account to discharge CONTRACTOR's
legitimate obligations associated with prior Applications
for Payment.
' 3. The amount of retainage with respect to pro-
gress payments will be as stipulated in the Agreement.
I
I
I
I
I
B. Review of Applications
1. ENGINEER will, within 10 days after receipt of
each Application for Payment, either indicate in writing
a recommendation of payment and present the
Application to OWNER or return the Application to
CONTRACTOR indicating in writing ENGINEER's
reasons for refusing to recommend payment. In the
latter case, CONTRACTOR may make the necessary
corrections and resubmit the Application.
2. ENGINEER's recommendation of any payment
requested in an Application for Payment will constitute
a representation by ENGINEER to OWNER, based on
ENGINEER's observations on the Site of the executed
Work as an experienced and qualified design profession-
al and on ENGINEER's review of the Application for
Payment and the accompanying data and schedules, that
to the best of ENGINEER's knowledge, information and
belief:
a. the Work has progressed to the point
indicated;
b. the quality of the Work is generally in
accordance with the Contract Documents (subject to
an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion, to the
results of any subsequent tests called for in the
Contract Documents, to a final determination of
quantities and classifications for Unit Price Work
under paragraph 9.08, and to any other
qualifications stated in the recommendation); and
c. the conditions precedent to
CONTRACTOR's being entitled to such payment
appear to have been fulfilled in so far as it is
ENGINEER's responsibility to observe the Work.
3. By recommending any such payment ENGI-
NEER will not thereby be deemed to have represented
that: (i) inspections made to check the quality or the
quantity of the Work as it has been performed have been
exhaustive, extended to every aspect of the Work in
progress, or involved detailed inspections of the Work
beyond the responsibilities specifically assigned to
ENGINEER in the Contract Documents; or (ii) that
there may not be other matters or issues between the
parties that might entitle CONTRACTOR to be paid
additionally by OWNER or entitle OWNER to withhold
payment to CONTRACTOR.
4. Neither ENGINEER's review of
CONTRACTOR's Work for the purposes of recom-
mending payments nor ENGINEER's recommendation
of any payment, including final payment, will impose
responsibility on ENGINEER to supervise, direct, or
control the Work or for the means, methods, techniques,
sequences, or.procedures of construction, or the safety
precautions and programs incident thereto, or for CON-
TRACTOR's failure to comply with Laws and Regu-
lations applicable to CONTRACTOR's performance of
the Work. Additionally, said review or recommendation
will not impose responsibility on ENGINEER to make
any examination to ascertain how or for' what purposes
CONTRACTOR has used the moneys paid on account of
the Contract Price, or to determine that title to any of
the Work, materials, or equipment has passed to
OWNER free and clear of any Liens.
5. ENGINEER may refuse to recommend the
whole or any part of any payment if, in ENGINEER's
opinion, it would be incorrect to make the representa-
tions to OWNER referred to in paragraph 14.02.B.2.
ENGINEER may also refuse to recommend any such
payment or, because of subsequently discovered
evidence or the results of subsequent inspections or tests,
I
00700-37
I
revise or revoke any such payment recommendation
previously made, to such extent as may be necessary in
ENGINEER's opinion to protect OWNER from loss
because:
a. the Work is defective, or completed Work
has been damaged, requiring correction or replace-
ment;
b. the Contract Price has been reduced by
Written Amendment or Change Orders;
c. OWNER has been required to correct
defective Work or complete Work in accordance
with paragraph 13.09; or
d. ENGINEER has actual knowledge of the
occurrence of any of the events enumerated in para-
graph 15.02.A.
C. Payment Becomes Due
1. Ten days after presentation of the Application
for Payment to OWNER with ENGINEER's recom-
mendation, the amount recommended will (subject to the
provisions of paragraph 14.02.D) become due, and when
due will be paid by OWNER to CONTRACTOR.
D. Reduction in Payment
1. OWNER may refuse to make payment of the
full amount recommended by ENGINEER because:
a. claims have been made against OWNER on
account of CONTRACTOR's performance or fur-
nishing of the Work;
b. Liens have been filed in connection with the
Work, except where CONTRACTOR has delivered
a specific Bond satisfactory to OWNER to secure
the satisfaction and discharge of such Liens;
c. there are other items entitling OWNER to
a set-off against the amount recommended; or
d. OWNER has actual knowledge of the occur-
rence of any of the events enumerated in paragraphs
14.02.B.5.a through 14.02.B.5.c or paragraph
15.02. A.
2. If OWNER refuses to make payment of the full
amount recommended by ENGINEER, OWNER must
give CONTRACTOR immediate written notice (with a
copy to ENGINEER) stating the reasons for such action
and promptly pay CONTRACTOR any amount
remaining after deduction of the amount so withheld.
OWNER shall promptly pay CONTRACTOR the
amount so withheld, or any adjustment thereto agreed to
by OWNER and CONTRACTOR, when CONTRAC-
TOR corrects to OWNER's satisfaction the reasons for
such action.
3. If it is subsequently determined that OWNER's
refusal of payment was not justified, the amount
wrongfully withheld shall be treated as an amount due as
determined by paragraph 14.02.C. 1.
14.03 CONTRACTOR's Warranty of Title
A. CONTRACTOR warrants and guarantees that title
to all Work, materials, and equipment covered by any
Application for Payment, whether incorporated in the Project
or not, will pass to OWNER no later than the time. of
payment free and clear of all Liens.
14.04 Substantial Completion
A. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that the entire Work is
substantially complete (except for items specifically listed by
CONTRACTOR as incomplete) and request that ENGINEER
issue a certificate of Substantial Completion. Promptly
thereafter, OWNER, CONTRACTOR, and ENGINEER
shall make an inspection of the Work to determine the status
of completion. If ENGINEER does not consider the Work
substantially complete, ENGINEER will notify
CONTRACTOR in writing giving the reasons therefor. If
ENGINEER considers the Work substantially complete,
ENGINEER will prepare and deliver to OWNER a tentative
certificate of Substantial Completion which shall fix the date
of Substantial Completion. There shall be attached to the
certificate a tentative list of items to be completed or
corrected before final payment. OWNER shall have seven
days after receipt of the tentative certificate during which to
make written objection to ENGINEER as to any provisions
of the certificate or attached list. If, after considering such
objections, ENGINEER concludes that the Work is not
substantially complete, ENGINEER will within 14 days after
submission of the tentative certificate to OWNER notify
CONTRACTOR in writing, stating the reasons therefor. If,
after consideration of OWNER's objections, ENGINEER
considers the Work substantially complete, ENGINEER will
within said 14 days execute and deliver to OWNER and
CONTRACTOR a definitive certificate of Substantial
Completion (with a revised tentative list of items to be
completed or corrected) reflecting such changes from the
tentative certificate as ENGINEER believes justified after
consideration of any objections from OWNER. At the time
of delivery of the tentative certificate of Substantial Comple-
tion ENGINEER will deliver to OWNER and CONTRAC-
TOR a written recommendation as to division of responsibili-
I
I
I
I
I
I
I
I
I
I
I
I
tt Et
I
ii
I
I
I
Li
Li
I
Ii
1J
I
I
I
I
I
I
ties pending final payment between OWNER and
CONTRACTOR with respect to security, operation, safety,
and protection of the Work, maintenance, beat, utilities,
insurance, and warranties and guarantees. Unless OWNER
and CONTRACTOR agree otherwise in writing and so
inform ENGINEER in writing prior to ENGINEER's issuing
the definitive certificate of Substantial Completion,
ENGINEER's aforesaid recommendation will be binding on
OWNER and CONTRACTOR until final payment.
B. OWNER shall have the right to exclude
CONTRACTOR from the Site after the date of Substantial
Completion, but OWNER shall allow CONTRACTOR
reasonable access to complete or correct items on the
tentative list.
14.05 Partial Utilization
A. Use by OWNER at OWNER's option of any
substantially completed part of the Work which has
specifically been identified in the Contract Documents, or
which OWNER, ENGINEER, and CONTRACTOR agree
constitutes a separately functioning and usable part of the
Work that can be used by OWNER for its intended purpose
without significant interference with CONTRACTOR's
performance of the remainder of the Work, may be
accomplished prior to Substantial Completion of all the Work
subject to the following conditions.
1. OWNER at any time may request CON-
TRACTOR in writing to permit OWNER to use any
such part of the Work which OWNER believes to be
ready for its intended use and substantially complete. If
CONTRACTOR agrees that such part of the Work is
substantially complete, CONTRACTOR will certify to
OWNER and ENGINEER that such part of the Work is
substantially complete and request ENGINEER to issue
a certificate of Substantial Completion for that part of
the Work. CONTRACTOR at any time may notify
OWNER and ENGINEER in writing that
CONTRACTOR considers any such part of the Work
ready for its intended use and substantially complete and
request ENGINEER to issue a certificate of Substantial
Completion for that part of the Work. Within a
reasonable time after either such request, OWNER,
CONTRACTOR, and ENGINEER shall make an
inspection of that part of the Work to. determine its status
of completion. If ENGINEER does not consider that
part of the Work to be substantially complete,
ENGINEER will notify OWNER and CONTRACTOR
in writing giving the reasons therefor. If ENGINEER
considers that part of the Work to be substantially
complete, the provisions of paragraph 14.04 will apply
with respect to certification of Substantial Completion of
that part of the Work and the division of responsibility
in respect thereof and access thereto.
2. No occupancy or separate operation of part of
the Work may occur prior to compliance with the
requirements of paragraph 5.10 regarding property
insurance.
14.06 Final Inspection
A. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete,
ENGINEER will promptly make a final inspection with
OWNER and CONTRACTOR and will notify CON-
TRACTOR in writing of all particulars in which this
inspection reveals that the Work is incomplete or defective.
CONTRACTOR shall immediately take such measures as are
necessary to complete such Work or remedy such
deficiencies.
14.07 Final Payment
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: (1) 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:
(1) the releases and receipts include all labor, services,
material, and equipment for which a Lien could be filed;
and (ii) all payrolls, material and equipment bills, and
other indebtedness connected with the Work for which
OWNER or OWNER's property might in any way be
responsible have been paid or otherwise satisfied. If any
Subcontractor or Supplier fails to furnish such'a release
or receipt in full, CONTRACTOR may furnish a Bond
or other collateral satisfactory to OWNER to indemnify
OWNER against any Lien.
00700-39
H
B. Review of Application and Acceptance
1. If, on the basis of ENGINEER's observation of
the Work during construction and final inspection, and
ENGINEER's review of the final Application for
Payment and accompanying documentation as required
by the Contract Documents, ENGINEER is satisfied that
the Work has been completed and CONTRACTOR's
other obligations under the Contract Documents have
been fulfilled, ENGINEER will, within ten days after
receipt of the final Application for Payment, indicate in
writing ENGINEER's recommendation of payment and
present the Application for Payment to OWNER for pay-
ment. At the same time ENGINEER will also give
written notice to OWNER and CONTRACTOR that the
Work is acceptable subject to the provisions of
paragraph 14.09. Otherwise, ENGINEER will return
the Application for Payment to CONTRACTOR,
indicating in writing the reasons for refusing to
recommend final payment, in which case CON-
TRACTOR shall make the necessary corrections and
resubmit the Application for Payment.
C. Payment Becomes Due
1. Thirty days after the presentation to OWNER of
the Application for Payment and accompanying docu-
mentation, the amount recommended by ENGINEER
will become due and, when due, will be paid by OWN-
ER to CONTRACTOR.
14.08 Final Completion Delayed
A. If, through no fault of CONTRACTOR, final
completion of the Work is significantly delayed, and if
ENGINEER so confirms. OWNER shall, upon receipt of
CONTRACTOR's final Application for Payment and
recommendation of ENGINEER, and without terminating the
Agreement, make payment of the balance due for that portion
of the Work fully completed and accepted. If the remaining
balance to be held by OWNER for Work not fully completed
or corrected is less than the retainage stipulated in the
Agreement, and if Bonds have been furnished as required in
paragraph 5.01, the written consent of the surety to the
payment of the balance due for that portion of the Work fully
completed and accepted shall be submitted by CON-
TRACTOR to ENGINEER with the Application for such
payment. Such payment shall be made under the terms and
conditions governing final payment, except that it shall not
constitute a waiver of Claims.
14.09 Waiver of Claims
1. a waiver of all Claims by OWNER against
CONTRACTOR, except Claims arising from unsettled
Liens, from defective Work appearing after final
inspection pursuant to paragraph 14.06, from failure to
comply with the Contract Documents or the terms of any
special guarantees specified therein, or from
CONTRACTOR's continuing obligations under the
Contract Documents; and
2. a waiver of all Claims by CONTRACTOR
against OWNER other than those previously made in
writing which are still unsettled.
ARTICLE 15 - SUSPENSION OF WORK AND
TERMINATION
15.01 OWNER May Suspend Work
A. At any time and without cause, OWNER may
suspend the Work or any portion thereof for a period of not
more than 90 consecutive days by notice in writing to CON-
TRACTOR and ENGINEER which will fix the date on which
Work will be resumed. CONTRACTOR shall resume the
Work on the date so fixed. CONTRACTOR shall be allowed
an adjustment in the Contract Price or an extension of the
Contract Times, or both, directly attributable to any such
suspension if CONTRACTOR makes a Claim therefor as
provided in paragraph 10.05.
15.02 OWNER May Terminate for Cause
A. The occurrence of any one or more of the following
events will justify termination for cause:
1. CONTRACTOR's persistent failure to perform
the Work in accordance with the Contract Documents
(including, but not limited to, failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere to the progress schedule established
under paragraph'2.07 as adjusted from time to time
pursuant to paragraph 6.04);
2. CONTRACTOR's disregard of Laws or
Regulations of any public body having jurisdiction;
3. CONTRACTOR's disregard of the authority of
ENGINEER; or
4. CONTRACTOR's violation in any substantial
way of any provisions of the Contract Documents.
A. The making and acceptance of final payment will B.
If one
or more of the
events identified in
paragraph
constitute: 15.02.A
occur,
OWNER may,
after giving CONTRACTOR
(and the
surety,
if any) seven
days written notice,
terminate
I
I
I
F
11
I
I
I
I
I
I
I
L
00700-40
CJ
I
I
I
I
I
I
I
I
I
the services of CONTRACTOR, exclude CONTRACTOR
from the Site, and take possession of the Work and of all
CONTRACTOR's tools, appliances, construction equipment,
and machinery at the Site, and use the same to the full extent
they could be used by CONTRACTOR (without liability to
CONTRACTOR for trespass or conversion), incorporate in
the Work all materials and equipment stored at the Site or for
which OWNER has paid CONTRACTOR but which are
stored elsewhere, and finish the Work as OWNER may deem
expedient. In such case, CONTRACTOR shall not be
entitled to receive any further payment until the Work is
finished. If the unpaid balance of the Contract Price exceeds
all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or arbitration
or other dispute resolution costs) sustained by OWNER
arising out of or relating to completing the Work, such excess
will be paid to CONTRACTOR. If such claims, costs,
losses, and damages exceed such unpaid balance,
CONTRACTOR shall pay the difference to OWNER. Such
claims, costs, losses, and damages incurred by OWNER will
be reviewed by ENGINEER as to their reasonableness and,
when so approved by ENGINEER, incorporated in a Change
Order. When exercising any rights or remedies under this.
paragraph OWNER shall not be required to obtain the lowest
price for the Work performed.
C. Where CONTRACTOR's services have been so
terminated by OWNER, the termination will not affect any
rights or remedies of OWNER against CONTRACTOR then
existing or which may thereafter accrue. Any retention or
payment of moneys due CONTRACTOR by OWNER will
not release CONTRACTOR from liability.
15.03 OWNER May Terminate For Convenience
A. Upon seven days written notice to CONTRACTOR
and ENGINEER, OWNER may, without cause and without
prejudice to any other right or remedy of OWNER, elect to
'terminate the Contract. In such case, CONTRACTOR shall
be paid (without duplication of any items):
I
I
I
I
1. for completed and acceptable Work executed in
accordance with the Contract Documents prior to the
effective date of termination, including fair and
reasonable sums for overhead and profit on such Work;
2. for expenses sustained prior to the effective date
of termination in performing services and furnishing
labor, materials, or equipment as required by the
Contract Documents in connection with uncompleted
Work, plus fair and reasonable sums for overhead and
profit on such expenses;
3. for all claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) incurred in settlement of terminated contracts
with Subcontractors, Suppliers, and others; and
4. for reasonable expenses directly attributable to
termination.
B. CONTRACTOR shall not be paid on account of loss
of anticipated profits or revenue or other economic loss
arising out of or resulting from such termination.
15.04 CONTRACTOR May Stop Work or Terminate
A. If, through no act or fault of CONTRACTOR, the
Work is suspended for more than 90 consecutive days by
OWNER or under an order of court or other public authority,
or ENGINEER fails to act on any Application for Payment
within 30 days after it is submitted, or OWNER fails for 30
days to pay CONTRACTOR any sum finally determined to
be due, then CONTRACTOR may, upon seven days written
notice to OWNER and ENGINEER, and provided OWNER
or ENGINEER do not remedy such suspension or failure
within that time, terminate the Contract and recover from
OWNER payment on the same terms as provided in
paragraph 15.03. In lieu of terminating the Contract and
without prejudice to any other right or remedy, if ENGI-
NEER has failed to act on an Application for Payment within .
30 days after it is submitted, or OWNER has failed for 30
days to pay CONTRACTOR any sum finally determined to
be due, CONTRACTOR may, seven days after written notice
to OWNER and ENGINEER, stop the Work until payment
is made of all such amounts due CONTRACTOR, including
interest thereon. The provisions of this paragraph 15.04 are
not intended to preclude CONTRACTOR from making a
Claim under paragraph 10.05 for an adjustment in Contract
• Price or Contract Times or otherwise for expenses or damage
directly attributable to CONTRACTOR's stopping the Work
as permitted by this paragraph.
ARTICLE 16 - DISPUTE RESOLUTION
16.01 Methods and Procedures
A. Dispute resolution methods and procedures, if any,
shall be as set forth in the Supplementary Conditions. If no
method and procedure has been set forth, and subject to the
provisions of paragraphs 9.09 and 10.05, OWNER and
CONTRACTOR may exercise such rights or remedies as
either may otherwise have under the Contract Documents or
by Laws or Regulations in respect of any dispute.
00700-41
I
ARTICLE 17 - MISCELLANEOUS
17.01 Giving Notice
A. Whenever any provision of the Contract Documents
requires the giving of written notice, it will be deemed to
have been validly given if delivered in person to the
individual or to a member of the firm or to an officer of the
corporation for whom it is intended, or if delivered at or sent
by registered or certified mail, postage prepaid, to the last
business address known to the giver of the notice.
17.02 Computation of Times
A. When any period of time is referred to in the
Contract Documents by days, it will be computed to exclude
the first and include the last day of such period. If the last
day of any such period falls on a Saturday or Sunday or on
a day made a legal holiday by the law of the applicable
jurisdiction, such day will be omitted from the computation.
17.03 Cumulative Remedies
A. The duties and obligations imposed by these General
Conditions and the rights and remedies available hereunder
to the parties hereto are in addition to, and are not to be
construed in any way as a limitation of, any rights and
remedies available to any or all of them which are otherwise
imposed or available by Laws or Regulations, by special
warranty or guarantee, or by other provisions of the Contract
Documents, and the provisions of this paragraph will be as
effective as if repeated specifically in the Contract
Documents in connection with each particular duty,
obligation, right, and remedy to which they apply.
17.04 Survival of Obligations
A. All representations, indemnifications, warranties,
and guarantees made in, required by, or given in accordance
with the Contract Documents, as well as all continuing
obligations indicated in the Contract Documents, will survive
final payment, completion, and acceptance of the Work or
termination or completion of the Agreement.
17.05 Controlling Law
I
I
I
1
I
[1
I
I
I
A. This Contract is to be governed by the law of the
state in which the Project is located.
I
I
00700-42
Section 00800
' SUPPLEMENTARY CONDITIONS
LIST OF SUBJECTS
SC -1.01 Defined Terms
SC -2.02 Copies of Documents
' SC -2.05.B Preliminary Schedules:
SC -2.05.C Evidence of Insurance:
SC -4.02 Subsurface and Physical Conditions
SC -4.04 Underground Facilities
SC -5.01 Pe, formance, Payment, and Other Bonds
SC -5.02 Licensed Sureties and Insurers
SC -5.03 Certificates of Insurance
SC -5.04 CONTRACTOR's Liability Insurance
SC -5.04.B.1 Identification of Additional Insureds
' SC -5.04.B.5 Notice of Cancellation of Liability Insurance
SC -5.05 OWNER's Liability Insurance
SC -5.06 Property Insurance
SC -5.08 Receipt and Application of Insurance Proceeds
SC -6.04 Progress Schedules
SC -6.08 Permits
SC -6.09 Laws and Regulations
SC -6.19 CONTRACTOR's General Warranty and Guarantee
SC -7.01 Related Work at the Site
' SC -7.03 Separate Contractor Claim
SC -8.06 Insurance
SC -9.03 Project Representative
SC -10.06 Authority for Changes in the Work
SC -11.03 Unit Price Work
SC -12.03 Delays Beyond CONTRACTOR'S Control
' SC -14.02 Progress Payments
SC -14.02.B Review ofApplications
SC -14.02.C Payment Becomes Due
SC -14.04 Substantial Completion
'SC -14.05 Partial Utilization
I
I
I
I
Shiloh Drive Widening April 22, 2004
City of Fayetteville Engineering Design Services Division Page 00800-1
I
These Supplementary Conditions amend or supplement the Standard General Conditions of the
Construction Contract (EJCDC No. 1910-8, 1996 Edition) and other provisions of the Contract Documents
as indicated below. All provisions which are not so amended or supplemented remain in full force and
effect. Paragraph numbers in these Supplementary Conditions correspond to the paragraph numbers in the
General Conditions, except with the designation "SC".
SC -1.01 Defined Terms
The terms used in the Supplementary Conditions which are defined in the Standard General Conditions
of the Construction Contract (No. 1910-8, 1996 Edition) have the meanings assigned to them in the
General Conditions. In addition to the provisions of paragraph 1.01, the following supplemental
definitions apply:
"1.01.30. "OWNER"shall mean the City Of Fayetteville, Arkansas, acting through its duly authorized
representatives. Address - City of Fayetteville, 113 West Mountain, Fayetteville, AR 72701."
Add the following definitions to paragraph 1.01 of the General Conditions:
'1.01.51. "Surety" or "sureties" shall mean the bondsmen or party or parties who have made the fulfillment
of the contract by Bonds, and whose signatures are attached to such Bonds.
1.01.52. "Advertisement" shall mean the legal publications pertaining to the work of this contract.
1.01.53. "Plans" shall mean, collectively, all of the Drawings pertaining to the contract and made a
part thereof, and also such supplementary drawings as Engineer may issue from time to time in order to
clarify the Drawings, or for the purpose of showing changes in the work as authorized under the General
Requirements, or for the showing of details which are not shown thereon.
1.01.54.
"Grade" shall
mean and
indicate the established
elevations of the paving, flow lines of sewers
and
other
appurtenances
as shown
on the Drawings."
SC -2.02 Copies of Documents
Delete paragraph 2.02.A of the General Conditions in its entirety and insert the following in its place:
"A. ENGINEER shall furnish to CONTRACTOR six (6) bound copies of the Agreement and other
Contract Documents, the Bond or Bonds properly executed. CONTRACTOR shall execute the
Agreement and submit all copies to the OWNER for execution. The date of contract on the Agreement,
Bond forms, and power of attorney shall be left blank for filling in by OWNER. These documents will be
dated the day the OWNER executes the contract.
OWNER shall furnish to CONTRACTOR up to four (4) copies of the Contract Documents as are
reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at
the cost of reproduction."
Shiloh Drive Widening
City of Fayetteville Engineering Design Services Division
April 22, 2004
Page 00800-2
I
I
I
I
I
I
I
I
L
I
[-1
[1
I
El
I
I
I
' SC -2.05.B. Preliminary Schedules:
Add the following to the end of paragraph 2.05.B.3 of the General Conditions:
"The unit prices provided by CONTRACTOR in the Bid Form shall serve as the basis of the Schedule of
Values. Additional subdivision of unit price or lump sum items shall be made as reasonably requested by
ENGINEER or as required to verify progress payments for Unit Price Work that will take place over
several progress periods."
SC -2.05.C. Evidence of Insurance:
CJ
U
I
Delete all references to OWNER supplied and OWNER delivered insurance.
SC -4.02 Subsurface and Physical Conditions
Some subsurface investigation has been conducted within the project site area, and ENGINEER has
used some of the technical data related to subsurface and physical conditions in the preparation of
Drawings and Specifications.
SC -4.04 Underground Facilities
' Add a new paragraph 4.04.B.3 immediately following paragraph 4.04.B.2 of the General Conditions
which shall read as follows:
I
I
I
I
I
I
I
"3. Paragraphs 4.04.B.1 and 4.04.B.2 do not apply to Underground Facilities that are being relocated by
others as part of the Project. OWNER does not control the schedule of the owners of those
Underground Facilities, and cannot determine whether those Underground Facilities will be relocated
prior to, simultaneous to, or after the Work under these Contract Documents. CONTRACTOR shall
advise ENGINEER of Underground Facilities have been relocated, but may not make a claim for
changes in the Contract Price or Contract Times as a result of any such relocation. If the relocation of
Underground Facilities presents an obstacle to the Work continuing, CONTRACTOR shall inform
OWNER and ENGINEER of the obstacle, and ENGINEER will determine if a change in the Work is
required. If the change in the Work results in a change in the quantity of Unit Price Work,
CONTRACTOR will be paid for the actual Unit Price Work installed."
SC -5.01 Performance, Payment and Other Bonds
Delete paragraph 5.01.C of the General Conditions in its entirety and insert the following new paragraph
in its place:
"C. If at any time a surety on any such Bond is declared bankrupt or loses its right to do business in the
State of Arkansas or is removed from the above list of surety companies, the CONTRACTOR shall
within ten (10) days after notice from the bond company that conditions are as described in this sentence
and/or after notice from the OWNER to do so, substitute an acceptable Bond or Bonds in such form and
sum and signed by other surety or sureties as may be satisfactory to the OWNER. The premiums on such
Bonds shall be paid by CONTRACTOR. No further payment shall be deemed due nor shall be made
until the new surety or sureties shall have furnished an acceptable Bond to the OWNER."
Add the following new paragraphs immediately after paragraph 5.01.C of the General Conditions which
Shiloh Drive Widening April 22, 2004
City of Fayetteville Engineering Design Services Division Page 00800-3
Ti
read as follows:
"D. ResidentAgent: CONTRACTOR shall furnish performance and payment Bonds as provided for by
Article 5 of the General Conditions executed by a resident local agent who is licensed by the Arkansas
State Insurance Commissioner to represent the surety company executing said Bonds, and filing with
such Bonds his power -of -attorney. The mere countersigning of the Bonds by a resident agent shall not be
sufficient.
E. CONTRACTOR shall include provisions in bonds which will guarantee the faithful performance of
the prevailing hourly wage clause as required by the Arkansas Prevailing Wage Law, Arkansas Code
Annotated § 22-9-308(d).
F. Additional Information: CONTRACTOR shall provide the Bonds as described in these sections
within ten (10) days after the receipt of a Notice of Selection.
For contracts in excess of $100,000 the Bonds shall be issued by a bonding company listed by the A.M.
BEST Rating Book as follows:
(1) contracts in excess of $100,000, but less than $1,000,000 - "B+" rating or higher and contract amount
may not exceed 2.0 percent of the policyholder's surplus.
(2) contracts in excess of $1,000,000 - "A" rating or higher and contracts may not exceed 2.0 percent of
the policyholder's surplus.
The expense of all Bonds shall be borne by CONTRACTOR."
SC -5.02 Licensed Sureties and Insurers
Add the following new paragraphs immediately after paragraph 5.02.A of the General Conditions which
read as follows:
"B. CONTRACTOR shall furnish performance and payment Bonds as provided for by Article 5 of the
General Conditions executed by a resident local agent who is licensed by the Arkansas State Insurance
Commissioner to represent the surety company executing said Bonds, and filing with such Bonds his
power -of -attorney. The mere countersigning of the Bonds by a resident agent shall not be sufficient.
C. No employers' liability, public liability or workmen's collective insurance policy shall be written in any
casualty company not authorized to do business in the State of Arkansas. These policies shall likewise be
issued by a resident local agent licensed by the Insurance Commission of the State of Arkansas."
SC -5.03 Certificates of Insurance
I
I
I
I
fl
I
7I
L
I
I
I
I
I
I
I
Delete the second sentence of paragraph 5.03.A ("OWNER shall deliver to Contractor...") in its
entirety.
Shiloh Drive Widening
City of Fayetteville Engineering Design Services Division
April 22, 2004
Page 00800-4
I
' SC -5.04 CONTRACTOR'S Liability Insurance
' The limits for liability for the insurance required by paragraph 5.04 of the General Conditions shall
provide coverage for not less than the following amounts or greater where required by Laws and
Regulations:
' Workers Compensation, etc. under paragraphs 5.04.A.1 and 5.04.A.2 of the General Conditions:
1) State: Statutory
2) Applicable Federal: Statutory
3) Employer's Liability: $100,000.00 each occurrence
Comprehensive Genera] Liability Insurance, under paragraphs 5.04.A.3 through 5.04.A.5 of the General
Conditions:
$1,000,000.00 Combined Singe Limit
$2,000,000.00 General Aggregate
$2,000,000.00 Completed Operations Aggregate
$1,000,000.00 Excess Umbrella Policy
Policies will include premise/operations, products, completed operations, independent contractors,
explosions, collapse, underground hazard, Broad Form contractual, personal injury, with employment
exclusion deleted and broad form property damage.
Comprehensive Automobile Liability under paragraph 5.04.A.6 of the General Conditions:
I
I
H
LJ
(1) Bodily Injury:
$1,000,000.00
$2,000,000.00
(2) Property Damage:
$500,000.00
or
$2,000,000.00
Each person
Each occurrence
Each occurrence
Combined Single Limit
SC -5.04.B.1. Identification of Additional Insureds
Additional insureds with respect to insurance required by paragraph 5.04 of the General Conditions shall
include: the City of Fayetteville, Arkansas (OWNER and ENGINEER).
SC -5.04.B.5. Notice of Cancellation of Liability Insurance
Add the following language at the end of paragraph 5.04.B.5 of the General Conditions:
"any wording such as "will endeavor" or "but failure to mail such notice shall impose no obligation or
liability of any kind upon the [insurance] Company" shall be deleted from the policies and insurance
certificates."
Shiloh Drive Widening April 22, 2004
City of Fayetteville Engineering Design Services Division Page 00800-5
J
Ti
I
SC -5.05 OWNER's Liability Insurance
Delete paragraph 5.05 of the General Conditions in its entirety and insert the following in its place:
"5.05 OWNER's and ENGINEER's Contingent Protective Liability Insurance
A. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their agents and
employees from and against all losses and claims, demands, payments, suits, actions, recoveries,
judgments of every nature and description brought or recovered against them by reason of omission or
act of CONTRACTOR, his agent(s), employees, Subcontractor, Supplier, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable, in the execution of the
Work or guarding of it. CONTRACTOR shall obtain in the name of OWNER and ENGINEER (either
as co-insured or by endorsement), and shall maintain and pay the premiums for such insurance in an
amount not less that $2,000,000.00 for property damage and bodily injury limits, and with such provisions
as shall protect OWNER and ENGINEER from contingent liability under this contract.
SC -5.06 Property Insurance
Delete paragraph 5.06.A of the General Conditions in its entirety and insert the following in its place:
"A. CONTRACTOR shall purchase and maintain, until final payment, property insurance upon the
Work at the site to the full insurable value thereof (subject to deductible amounts as may be provided in
the Supplementary Conditions or required by Laws and Regulations) but not less than an amount equal
to the total bid price. This insurance shall include the interest of OWNER, CONTRACTOR,
Subcontractors, ENGINEER and ENGINEER's consultants in the Work (all of whom shall be listed as
insured or additional insured parties), shall insure against the perils of fire and extended coverage, shall
include "all-risk" insurance for physical loss and damage including theft, vandalism and malicious
mischief, collapse, flood, and water damage, and such other perils as may be provided in the
Supplementary Conditions, and shall include damages, losses and expenses arising out of or resulting
from any insured loss or incurred in the repair or replacement of any insured property (including but not.
limited to the fees and charges of engineers, architects, attorneys and other professionals). If not covered
under the "all-risk" insurance or otherwise provided in these Supplementary Conditions,
CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored
on and off the site or in transit when such portions of the Work are to be included in an application for
payment. The polices of insurance required to be purchased and maintained by the CONTRACTOR in
accordance with this paragraph 5.06 will contain a provision or endorsement that the coverage afforded
will not be canceled or materially changed or renewal refused until at least 30 days prior written notice
has been given to the OWNER by certified mail and will contain wavier provisions in accordance with
General Condition paragraph 5.07.B."
Delete paragraph 5.06.B of the General Conditions in its entirety and insert the following in its place:
"B. CONTRACTOR shall protect OWNER against all loss during the course of the contract. If, due to
the nature of the Project, insurance coverage other than that specified is needed by CONTRACTOR to
protect OWNER against all losses, CONTRACTOR shall be responsible for the determination of and
procurement of any additional insurance needed."
Delete paragraph 5.06.C of the General Conditions in its entirety and insert the following in its place:
Shiloh Drive Widening April 22, 2004
City of Fayetteville Engineering Design Services Division Page 00800-6
I
I
I
I
I
I
I
I
I
I
I
I
P
I
I
I
I
"C. Policies shall also specify that insurance provided by CONTRACTOR will be considered primary
and not contributory to any other insurance available to OWNER or ENGINEER.
' All polices will provide for 30 days written notice (certified mail shall be required) prior to any
cancellation or non -renewal of insurance policies required under the Contract. Any such wording as "will
' endeavor" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the
Company..." shall be deleted from the policies and certificates."
' Delete paragraph 5.06.E of the General Conditions in its entirety.
SC -5.08 Receipt and Application of Insurance Proceeds
1 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:
' Arkansas Department of Environmental Quality
NPDES Branch, Water Division
' 8001 National Drive
P.O. Box 8913
Little Rock, Arkansas 72219-8913
Phone 501-682-0628
I
Shiloh Drive Widening April 22, 2004
City of Fayetteville Engineering Design Services Division Page 00800-7
Li
SC -6.09 Laws and Regulations
Add a new paragraph 6.09.D immediately after paragraph 6.09.C of the General Conditions which shall
read as follows:
"D. If applicable, all wages paid shall be in accordance with the Arkansas Prevailing Wage Law,
Arkansas Code Annotated §§ 22-9-301 to 22-9-315 and the administrative regulations promulgated
thereunder for the construction of public works projects, where the cost of all labor and material exceeds
seventy-five thousand dollars ($75,000). Wages shall not be less than those established by the Arkansas
Department of Labor Prevailing Wage Determination."
SC -6.19 CONTRACTOR's General Warranty and Guarantee
Add a new paragraph 6.19.C immediately after paragraph 6.19.B of the General Conditions which shall
read as follows:
"C. For a period of two (2) years, or longer if specified by special guarantees or by law, the
CONTRACTOR shall at the CONTRACTOR's expense make all repairs and replacements necessitated
by defects in the materials, workmanship or prosecution of the Work under this contract, and pay for any
damage to other works or property resulting from such defects. The CONTRACTOR shall submit a
Maintenance Bond in the amount of 100% of the total project construction cost to the ENGINEER to
cover the above specified two year warranty period. The CONTRACTOR shall hold the OWNER and
ENGINEER harmless from any liability of any kind arising from said defects. The effective date for the
beginning"of the two (2) year warranty period will be as decided by the ENGINEER and will be either
the date of the ENGINEER's recommendation for Final Payment in accordance with paragraph 14.07.B,
Review ofApplication and Acceptance, or the date of Substantial Completion as specified in paragraph
14.04. CONTRACTOR shall make all repairs or replacements promptly upon receipt of written order
for the repairs or replacements from OWNER. If the CONTRACTOR fails to make the repairs or
replacements promptly, OWNER may perform the work and the CONTRACTOR and the
CONTRACTOR's Surety shall be liable for all costs thereof."
SC -7.01 Related Work at the Site
Delete paragraph 7.01.A of the General Conditions in its entirety and insert the following in its place:
"A. The Work is part of a Capital Improvements Program. As a result of the City's proposed
improvements, additional right-of-way and/or easements may or may not be obtained by the City. Some
utilities in the area may have to undertake various relocation and demolition in the Project area. Known
utilities being required to relocate are water and some sewer. The known scope of each of these is
indicated in the Summary of Work. However, OWNER and ENGINEER do not have all information
concerning the proposed relocations of other utilities, nor is the proposed schedule for relocating these
utilities known. Also, OWNER and ENGINEER cannot be certain that each and every utility requiring
relocation has been identified as to type and owner. It is likely that conditions at the site could vary
according to work done by other utility owners prior to the start of the Work under these Contract
Documents. CONTRACTOR shall have no right to make a claim for changes in the Contract Price or
Contract Time as a result of the work of other utility owners being done by those owners as a result of
this Project, other than the right for additional quantities of Unit Price Work, if applicable."
Delete the first sentence of paragraph 7.01.B of the General Conditions and insert the following sentence
Shiloh Drive Widening April 22, 2004
City of Fayetteville Engineering Design Services Division Page 00800-8
I
I
I
I
I
I
I
I
I
I
H
I
17
I
Ti
P
I
H
in its place:
"B. CONTRACTOR shall afford each utility owner and proper and safe access to the site and a
reasonable opportunity for the introduction and storage of materials and equipment and the execution of
such other work and shall properly connect and coordinate the Work with theirs."
Delete the last sentence of paragraph 7.01.B of the General Conditions in its entirety.
' SC -7.03 Separate Contractor Claim
L
11
I
I
I
I
r
H
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 anyact or neglect of a
separate contractor (or separate party) and OWNER and CONTRACTOR are unable to agree as to the
extent of any adjustment in Contract Time attributable thereof, CONTRACTOR may make a claim for
an extension of time in accordance with Article 12 of the General Conditions. An extension of the
Contract Time shall be the CONTRACTOR'S exclusive remedy with respect to OWNER and
ENGINEER for any delay, disruption, interference or hindrance caused by any separate contractor (or
separate party). This paragraph does not prevent recovery from OWNER or ENGINEER for activities
that are their respective contractual responsibilities."
SC -8.06 Insurance
Delete paragraph 8.06 of the General Conditions in its entirety.
SC -9.03 Project Representative
Paragraph 9.03 of the General Conditions is herein modified to include the furnishing of a Resident
'Project Representative by ENGINEER. The responsibilities and authority and limitations thereon of the
Shiloh Drive Widening
City of Fayetteville Engineering Design Services Division
April 22, 2004
Page 00800-9
Resident Project Representative are as provided in paragraph 9.10 of the General Conditions.
SC -10.06 Authority for Changes in the Work ,
Add a new paragraph 10.06 immediately following paragraph 10.05 of the General Conditions to read:
"10.06 Authority for Changes in the Work ,
A. CONTRACTOR shall note and abide by the following limits of authority of OWNER and
ENGINEER for changes in the Work which require a change in the Contract Price or Contract time.
Except in the case of extreme emergency to protect public safety, public welfare or substantial Work, the
following limits of Authority to the OWNER and ENGINEER shall apply:
Engineer's Representative - No authority.
Engineer - No authority.
Mayor — Up to the contingency amount.
All accumulative
changes which result in Contract Price
changes in excess of the contingency amount
shall require the
formal approval of the
Fayetteville City
Council.
SC -11.03 Unit Price Work
Paragraph 11.03.C of the General Conditions is hereby deleted in its entirety and the following is
substituted in its place:
'C. The unit price of an item of Unit Price Work shall be subject to re-evaluation and adjustment under
the following conditions:
1. if the total cost of a particular item of Unit Price Work amounts to 25 percent or more of the
Contract Price and the variation of the quantity of that particular item of Unit Price Work performed
by CONTRACTOR differs by more than 25 percent from the estimated quantity of such item
indicated in the Agreement; and
2. if there is no corresponding adjustment with respect to any other item of Work; and ,
3. if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result ,
thereof; or
4. if OWNER believes that the quantity variation entitles OWNER to an adjustment in the unit '
price; then
5. either OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price
in accordance with Article 11 of the General Conditions if the parties are unable to agree as to the
effect of any such variations in the quantity of Unit Price Work performed."
Shiloh Drive Widening April 22, 2004
City of Fayetteville Engineering Design Services Division Page 00800-10
' 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:
' "The contract includes a set number of unworkable days due to inclement weather as specified in the
Agreement. The Contractor may be allowed additional delays beyond the specified days for weather
conditions, based on the concurrence of Contractor and Owner or Engineer, for two circumstances: 1)
' isolated inclement weather, wherein the project site is determined to be unworkable for days of
precipitation and days following for short times between otherwise good weather; and 2) sustained
inclement weather, wherein the project site is determined to be unworkable for a sustained period of
time, such as the winter months, with only an occasional working day within the sustained unworkable
conditions. If Contractor believes either condition applies, a request shall be made to Engineer or
Owner for a site meeting and a joint determination of the site conditions and approval of the delay.
' Engineer will catalog these approved delays, and will incorporate them into a Change Order for signature
of Owner and Contractor."
' SC -14.02 Progress Payments
Paragraph 14.02.A of the General Conditions is hereby deleted in its entirety and the following
substituted in its place:
' "A. Applications for Payments
1. Monthly estimates will be prepared to include all work accomplished for the period ending the
' third Friday of each month, or
2. Progress payments will be prepared at regular intervals, as scheduled by joint consent of
' CONTRACTOR and ENGINEER at the pre -construction conference.
3. ENGINEER, based upon data gathered during the construction process, will make an estimate
' of the value of the Work done and materials furnished in place during the previous estimate period.
CONTRACTOR shall furnish to ENGINEER such detailed information including invoices from
material suppliers as ENGINEER may request to aid in the preparation of the progress payment
' estimate. All payment requests are subject to retainage as indicated in the Agreement. If OWNER
or ENGINEER shall at any time fail to make CONTRACTOR a monthly estimate at the time
herein specified, such failure shall not be held to violate or void the contract. Note that the failure
' of CONTRACTOR to provide an accurate and current schedule update shall be reason to reject
CONTRACTOR'S request for progress payment.
' 4. If payment is requested on the basis of materials and equipment not incorporated in the Work
but delivered and suitably stored at the site or at another location agreed to in writing, the
Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation
warranting that OWNER has received the materials and equipment free and clear of all Liens and
evidence that the materials and equipment are covered by appropriate property insurance and
other arrangements to protect OWNER's interest therein, all of which will be satisfactory to
' OWNER.
Shiloh Drive Widening April 22, 2004
City of Fayetteville Engineering Design Services Division Page 00800-11
I
5. The amount of retainage with respect to progress payments will be as stipulated in the
Agreement."
SC -14.02.B. Review of Applications
Insert the following new paragraphs 14.02.B.5.c and 14.02.B.5.d to paragraph 14.02.B.5 of the General
Conditions, as additional reasons for ENGINEER to reduce CONTRACTOR's request for progress
payment, and renumber paragraphs 14.02.B.5.c and 14.02.B.5.d as 14.02.B.5.e and 14.02.B.5.f:
"c. liability for liquidated damages has been incurred by CONTRACTOR;
d. CONTRACTOR has failed to maintain record documents as required by paragraph 6.12;"
SC -14.02.C. Payment Becomes Due
Delete paragraph 14.02.C.1 of the General Conditions and replace with the following:
"1. After the required internal reviews and processing by OWNER, OWNER will diligently proceed to
make payment to CONTRACTOR, in accordance with the approved payment request, within 30 days.
All efforts will be made to make payments within the 30 day period, but OWNER cannot guarantee the
30 days maximum time."
SC -14.04 Substantial Completion
The following shall be added at the end of paragraph 14.04.A of the General Conditions:
"The Work will be considered substantially complete when the following work items are complete and
ready for continuous use by the OWNER:
The proposed water line has been properly installed, inspected, tested, and passed all testing aspects.
All drainage structures have been properly constructed, inspected and approved for use.
All pavement work has been completed, along with appurtenant items such as curb & gutter,
sidewalks, pavement markings, and signage.
CONTRACTOR has essentially completed the record documents required by paragraph 6.12, and, in
ENGINEER's judgment, these are accurate and complete and will be ready for delivery to OWNER
prior to Final Payment being made.
The following items need not be completed for the Work to be considered substantially complete:
Final cleanup of project area and final dressing of grassy/earthen areas behind curbs.
Determination of quality of growth resulting from sodding and seeding & mulching.
Other minor items identified for correction on the final punchlist."
Shiloh Drive Widening
City of Fayetteville Engineering Design Services Division
I
I
I
I
I
I
I
I
1]
I
I
I
I
I
I
1
April 22, 2004
Page 00800-12
I
SC -14.05 Partial Utilization
Insert the
following new paragraphs 14.05.A.2
and 14.05.A.3 in the General Conditions, and
'
renumber
existing paragraph 14.05.A.2 as
14.05.A.4:
' "2. Any portions of the pipeline work maybe 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
I
7
L
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 togetherwith a written recommendation as
to the division of responsibilities pending final payment between OWNER and CONTRACTOR
with respect to security, operation, safety, maintenance, utilities, insurance, warranties and
guarantees for that part of the Work which will become binding upon OWNER and
CONTRACTOR at the time when OWNER takes over such operation (unless they shall have
otherwise agreed in writing and so informed ENGINEER). During such operation and prior to
Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable
access to complete or correct items on said list and to complete other related Work."
End of Section 00800
Shiloh Drive Widening April 22, 2004
City of Fayetteville Engineering Design Services Division Page 00800-13
I
I
I
I
I
Section 01010
SUMMARY OF WORK
Part I - GENERAL
1.1 SECTION INCLUDES
A. Project Scope
B. Work by Others
IC. Work Sequence
I
I
�l
C]
I
I
H
D. Contractor Use of Premises
1.2 CONTRACT SCOPE
A. The work generally consists of the widening of 1,850 LF of street from 31 feet to 39 feet in width
with curb & gutter, aggregate base, asphalt binder, and asphalt surfacing with associated
earthwork, drainage pipes, drainage structures, pavement markings, signage and all items
indicated in the Drawings and Specifications.
1.3 WORK BY OTHERS
A. No work by others is anticipated for this project.
1.4 CONTRACTOR'S USE OF PREMISES
A. Contractor will be limited to the areas obtained as rights -of -way or easements within the project.
B. Contractor may obtain additional construction easements from property owners for Contractor's
convenience.
C. No work shall begin until all agency approvals, easements, and required permits are obtained.
Note that work on this project takes place within the City of Fayetteville. The Contractor shall
comply with all facets of the city's drainage ordinance. The Contractor shall comply with the
requirements of the Federal Clean Water Act and the Arkansas Water and Air Pollution Control
Act 472. In case of conflict between these regulations, orders, or decrees and other provisions,
the restrictive requirements shall apply.
If the project area to be disturbed if I acre or greater, the National Pollutant Discharge
Elimination System (NPDES) requires a permit to discharge storm water associated with
industrial activity of construction sites into the waters of the United States. The Arkansas
Department of Environmental Quality (ADEQ) issues the permits. The Contractor shall furnish
the Engineer a copy of the Notice of Intent, if a permit is required.
Shiloh Drive Widening April, 15, 2004
City of Fayetteville Engineering Design Services Division Page 01010-1
d
1.5 WORK SEQUENCE
A. Identify and locate all underground and above ground utilities in the project area. Determine the
elevations of these lines at any conflict area. Use the local datum provided by the City to
establish elevations. Submit these elevations in order that the Engineer may adjust any elevations
and/or grades, as necessary.
B. The Contractor shall provide his sequence of construction for the various items that involve
either existing and/or potential relocated utilities to the Engineer for his review. This schedule
shall have the least negative impact on the adjacent property owners and provide an orderly
sequence that will produce the least disruptive action for utilities and their customers. The
Contractor shall coordinate with other utilities and/or their contractors to provide orderly sharing
of the site and schedule of activities to best continue the progress of the Work.
C. The Contractor shall provide all necessary traffic control devices for maintenance of traffic
during construction in accordance with the "Manual on Uniform Traffic Control Devices", latest
revision.
I
I
I
I
I
I
D. The Contractor shall establish work schedules and work areas for construction of roadway, signal
related work, and pavement markings.
Part 2 - PRODUCTS
Not Used
Part 3- EXECUTION
Not Used
End of Section 01010
Shiloh Drive Widening April 15, 2004
City of Fayetteville Engineering Design Services Division Page 01010-2
I
[1
I
I
I
I
H
I
L
1
I
I
C
C
Section 01025
MEASUREMENT AND PAYMENT
PART I -GENERAL
1.1 SECTION INCLUDES:
A. Delineation of measurement and payment criteria applicable to Unit Price Work, whether the unit
price items are part of a unit price contract or are part of a Stipulated Price contract.
B. Defect assessment and non-payment for rejected work.
1.2 AUTHORITY
A. Measurement methods are delineated for each individual bid item, or for a group of similar items,
under this section.
B. Engineer will take all measurements and compute quantities accordingly.
C. Assist by providing necessary equipment, workers, and survey personnel as required.
1.3 UNIT QUANTITIES SPECIFIED
IA. Quantities and measurements indicated in the Bid Form are for bidding and contract purposes only.
Quantities and measurements supplied or placed in the Work and verified by Engineer shall determine
payment except those items of work that will be paid based on plan quantities..
B. If the actual Work requires more or fewer quantities than those quantities indicated, provide the
required quantities at the unit prices contracted.
1.4 MEASUREMENT OF QUANTITIES
A. Measurement by Weight: Items measured by weight will use specified standard handbook weights
unless otherwise specified in this section for an individual item.
' B. Measurement by Volume: Measured by cubic dimension using mean length, width and height or
thickness with survey chain or a steel tape.
IC. Measurement by Area: Measured by square dimension using mean length and width or radius, with
survey chain or steel tape.
D. Linear Measurement: Measured by linear dimension, at the item centerline or mean chord, with
' survey chain or steel tape.
E. Individual Item Measurement: Items to be paid for "each" unit furnished and installed shall be
counted by Engineer.
' 1.5 PAYMENT
A. Payment Includes: Full compensation for required labor, Products, tools, equipment, plant,
transportation, services and incidentals; erection, application or installation of an item of the Work;
overhead and profit.
' B. Final payment for Work governed by unit prices will be made on the basis of the actual measurements
and quantities accepted by Engineer multiplied by the unit price for Work which is incorporated in or
made necessary by the Work.
Shiloh Drive Widening April 29, 2004
City of Fayetteville Engineering Design Services Division Page 01025-1
C
I
I
I
I
I
I
1.6 DEFECT ASSESSMENT
A. Replace the Work, or portions of the Work, not conforming to specified requirements.
B. If, in the opinion of Engineer, it is not practical to remove and replace the Work, Engineer will direct
that the defective Work will be repaired to the satisfaction of Engineer, and the unit price will be
adjusted to a new price at the discretion of Engineer.
C. The authority of Engineer to assess the defect and identify payment adjustment is final.
1.7 NON-PAYMENT FOR REJECTED PRODUCTS
A. Payment will not be made for any of the following:
1. Products wasted or disposed of in a manner that is not acceptable.
2. Products determined as unacceptable before or after placement.
3. Products not completely unloaded from the transporting vehicle.
4. Products placed beyond the lines, levels or boundaries of the required Work.
5. Products remaining on hand after completion of the Work.
6. Loading, hauling and disposing of rejected Products.
1.8 INCIDENTAL ITEMS
A. General - Items indicated as incidental to a particular payment item are considered an integral part of
that payment item, and will not be measured or considered in determining payments.
B. Safety - Safety is considered as incidental to every payment item, except for excavation safety, which
is a separate bid item.
C. Testing - Testing of installed work required by the specifications to be completed by Contractor is
incidental to any item included in the unit or system being tested. Retesting after corrective action to
Work initially found to be defective is incidental to the item.
I1 Excess Excavation - Excess excavation is generally incidental to the payment item, except where
Engineer has indicated that an excavation be expanded due to subsurface conditions. Excess
excavation undertaken by Contractor to stabilize the trench bottom or walls, where dewatering or
' shoring would be suitable to correct trench conditions, will not be paid. Excess excavation includes
backfilling with approved material as specified or as indicated on the Drawings.
E. Miscellaneous - clean-up, project closeout, project record documents, and all costs not directly
mentioned in this section are considered as incidental to the Work.
1.9 PAYMENT ITEMS
'• A. Mobilization (Pay Item 1)
1. Description - The preparatory work and operations, including, but not limited to, those necessary
for the movement of personnel, equipment, supplies, and incidentals to the project site; for the
' establishment of the Contractor's offices, buildings, and other facilities necessary to undertake
the work on the project. This item shall also include other work and operations that must be
performed, or for expenses incurred, before beginning work on the various Contract items on the
' project site such as all expenses associated with the filing for the appropriate permit with all
governing agencies. In no case shall the amount bid for the item of "Mobilization" exceed
5% of the total contract amount for all other items listed in the proposal.
2. Incidental Items - It shall also include pre -construction costs which are necessary direct costs to
Shiloh Drive Widening April 29, 2004
'City of Fayetteville Engineering Design Services Division Page 01025-2
I
I
C
Li
I
I
I
L
I
I
I
I
I
C1
11
I
the project and are of a general nature rather than directly attributable to other pay items under
the Contract.
3. Related Items - None.
4. Units and Measurement - Paid as lump sum.
5. Partial Payment Provisions - Allowable partial payments will be based on the percentage of the
original Contract earned exclusive of the item of Mobilization according to the following
schedule:
Percentage of Original
Contract Amount Earned
First Progress Estimate
10
25
B. Construction Staking (Pay Item 2)
Percentage of Bid Price
for Mobilization Allowed
25
50
100
1. Description - Furnish and maintain all lines, grades, and measurements necessary for the proper
execution of the project, all according to the Drawings and Specifications, commonly called
"construction staking".
2. Incidental Items - Furnish all labor, stakes, templates, straightedges, surveying equipment, and
other devices and materials necessary for establishing, setting, checking, marking, and
maintaining points, lines, grades, and layout of the work called for on the Drawings and in the
Specifications.
3. Related items - The City shall set temporary bench marks and centerline roadway staking. City
shall set all P.I.'s, P.C.'s, and P.T.'s for construction.
4. Units and Measurement - Paid as lump sum.
5. Partial Payment Provisions - Allowable partial payments will be based on the percentage of the
original Contract completed.
C. Excavation Safety (Pay Item 3)
1. Description - Compliance with provisions of the Arkansas Excavation Safety Act, including
management practices, construction techniques, personnel training, supervision, excavation site
staffing, and other provisions required by Act 291 of 1993 and 29 CFR 1296 Subpart P.
2. Incidental Items - Any reporting required of the Contractor by Federal or State agencies is
incidental.
3. Related Items - None.
4. Units and Measurement - Paid as a lump sum.
5. Partial Payment Provisions - To be paid as a percentage of the amount bid, in proportion to the
ratio of all other items included in a pay request to the total Contract Price.
D. Clearing and Grubbing (Pay item 4)
Description - Cutting & removal of trees, brush, and other objectionable growth; removal &
disposal of logs, rubbish piles, and other objectionable matter; grubbing & removal of all stumps,
roots, and other objectionable matter, regardless of the proposed fill height.
Shiloh Drive Widening April 29, 2004
City of Fayetteville Engineering Design Services Division Page 01025-3
I
2. Incidental Items - Incidental items include furnishing all equipment, materials, and labor required
to complete the work, and protection of adjacent trees which are not to be removed.
3. Related Items - Tree Protection Fencing shall be paid for under a separate pay item.
4. Units and Measurement - Payment shall be lump sum.
' 5. Partial Payment Provisions - No partial payment will be made for this item.
E. Maintenance of Traffic (Pay Item 5)
I1. Description — Provide all signs, traffic drums, barricades, flagmen and other traffic control
devices in accordance with the Manual On Uniform Traffic Control Devices, latest edition.
Provide continuous access throughout construction. One-way traffic will be allowed with
flagmen during the day except during vehicular peak times with two-way traffic during non-
working hours.
2. Incidental Items — Relocating any existing sign within the project limits; providing all
components of traffic control, including flagmen; and furnishing all equipment, labor, tools, and
materials required to complete the work.
' 3. Related Items - None.
4. Units and Measurement - Paid as a lump sum.
5. Partial Payment Provisions - To be paid as a percentage of the amount bid, in proportion to the
ratio of all other items included in a pay request to the total Contract Price.
F. Saweut - Asphalt (Pay Item 6)
1. Description - Sawcut of existing asphalt surfaces and curb & gutter.
2. Incidental Items - Furnishing all equipment, materials, and labor necessary to complete the
various items of this work.
'
3. Related Items — Removal of asphalt is considered incidental to Unclassified Excavation pay item.
The removal of curb & gutter is a separate bid item.
' 4. Units and Measurement - Payment shall be at the unit price per linear foot of item Sawcut as
indicated in the Bid Form.
5. , Partial Payment Provisions - No partial payment will be made for this item.
G. Removal & Disposal (Pay Items 7 & 8)
1. Description — Removing and disposing of existing pipes, concrete drainage structures, concrete
curb & gutter, retaining walls, brick/concrete entrance walls, traffic islands, concrete flumes,
concrete sidewalks, and asphalt/concrete driveways.
2. Incidental Items — Site restoration of all demolished & all disturbed areas, and furnishing all
equipment, materials, and labor necessary to complete the various items of this work. The
removal & disposal of the storm pipes for this project are incidental to the removal & disposal of
the drop inlets.
'
3. Related Items — None.
4. Units and Measurement - Payment shall be at the unit price per each, per linear foot, per square
yard, and per lump sum of item removed as indicated in the Bid Form.
5. Partial Payment Provisions - No partial payment will be made for this item.
Shiloh Drive Widening April 29, 2004
'City of Fayetteville Engineering Design Services Division Page 01025-4
I
H Unclassified Excavation (Pay Item 9)
II. Description —Removal of existing pavement, base, soil material and etcetera as required to
construct the subgrade of the proposed road bed, and to obtain the lines, grades, and slopes
indicated on the Drawings. This item essentially is material excavated to the elevation required
Ito begin the select "hillside" material installation. At this elevation, if further excavation is
required to accommodate the density requirements of the select material, excavation and backfill
of suitable material will be paid for under the pay item of "Undercut & Backfill". Unclassified
excavated soil shall be used as fill material in areas outside the right-of-way and between the
' street & sidewalk as directed by the City. This material shall be compacted to 90% standard
proctor. The remaining unclassified material shall be removed from the site to an approved site.
' 2. Incidental Items - All equipment, labor, and materials necessary to complete this work.
3. Related Items — a. Site preparation, Section 02100.
b. Rock excavation is a separate pay item.
' 4. Units and Measurement - Payment shall be at the unit price per cubic yard of common
excavation completed and accepted by Engineer. Payment will be at the quantity indicated on
' the Bid Form, unless Contractor has reason to believe those numbers are not representative. If
so, the Contractor, at his option and expense, can ground survey the project after clearing &
grubbing and site preparation and survey after excavation. This information will be processed in
Ian acceptable computer software program that can compute quantities by using either the end
area or grid method. Otherwise the plan quantities will be used for payment.
5. Partial Payment Provisions - No partial payment will be made for this item.
I. Compacted Embankment - Select Hillside Material (Borrow) (Pay Item 10)
I. Description - Construction of roadway embankment as indicated on the Plans and/or
Specifications using select "hillside" material (off -site materials) to the lines, grades and
compaction requirements as indicated on the Drawings and Specifications.
2. Incidental Items - Hauling of "hillside" material, and all equipment, labor, and materials
necessary to complete the work.
3. Related Items
a. Site Preparation, Section 02100.
b. Unclassified Excavation, and Undercut & Backfill are separate pay items.
4. Units and Measurement - Payment shall be at the unit price per each cubic yard of compacted
embankment completed and accepted by Engineer. If determined by Engineer, payment for
completed units will be delayed until proof of construction testing has been completed. Payment
' will be at the quantity indicated on the Bid Form, unless Contractor has reason to believe that
those numbers are not representative. If so, the Contractor, at his option and expense, can
ground survey the project after the subgrade material has been compacted in accordance with the
' specifications and the subgrade's elevation is ready for Class 7 base. The total quantity paid for
will be the in -place and compacted quantity determined by the average -end method with cross
sections at typically 50 foot intervals with some lesser intervals used when necessary. This
information will be processed by an acceptable computer software program. Otherwise, the plan
quantities will be used for payment. The Bid Form quantity is a relative amount that allows the
Contractor to estimate the amount of imported material that he will need for the project. The total
quantity paid will be the quantity indicated on the Bid Form.
' 5. Partial Payment Provisions - No partial payment will be made for this item.
Shiloh Drive Widening April 29, 2004
'City of Fayetteville Engineering Design Services Division Page 01025-5
I
H
' J. Undercut & Backfill (Pay Item 11)
1. Description - Excavating existing materials that are unsuitable below the depth of the anticipated
typical section shown on the Plans. This potential subgrade or sub-subgrade material that is to be
I. removed cannot be compacted to proper density for the placement of the specified depth of select
hillside material. The material backfilled in the excavated areas shall be field determined and
compacted to the required density. Excavation for this item shall be approved by the Engineer.
' 2. Incidental Items - Equipment, labor, and materials necessary to complete the work.
3. Related Items - Unclassified excavation, and compacted embankment are separate pay items.
' 4. Units and Measurement - Payment shall be at the unit price per each cubic yard of material
excavated as approved by the Engineer. Measurement will be by measuring the volume of the
area excavated. This measurement will be agreed to by the Engineer and the Contractor.
5. Partial Payment Provisions - No partial payment will be made for this item.
K. Six-inch Aggregate Street Base Course (Class 7) (Pay Item 12)
I1. Description - Construct aggregate base course to the lines and grades under the street, curb &
gutter, and one foot behind the curb & gutter as indicated on the typical sections and details in
the Drawings.
' 2. Incidental Items
a. Scalping in areas that are not excavated or which do not have compacted embankment
' constructed over them.
b. Blading and shaping subgrade, scarifying and compacting subgrade, maintaining subgrade
shape and moisture until base course is placed.
c. Equipment, labor, and materials necessary to complete the work.
3. Related Items
a. Site preparation, Section 02100.
b. Unclassified excavation, and compacted embankment are separate pay items.
' 4. Units and Measurement - Payment shall be at the unit price per square yard of compacted
aggregate base course for streets completed and accepted by Engineer. If determined by
Engineer, payment for completed units will be delayed until proof of construction testing has
' been completed. Payment will be at the quantity indicated on the Bid Form, unless Contractor
has reason to believe that those numbers are not representative. If so, the Contractor, at his
option and expense, can provide detailed calculations that prove that the bid quantity is in error.
' Otherwise, the plan quantities will be used for payment. The Bid Form quantity is a relative
amount that allows the Contractor to estimate the amount of imported material that will be
needed for the project. The total quantity paid will be the quantity indicated on the Bid Form.
' 5. Partial Payment Provisions - None.
L. Concrete Curb and Gutter (Pay Item 13)
II. Description - Construct concrete curb and gutter to the lines and grades and in accordance with
the details indicated on the Drawings.
2. Incidental Items - Base fine grading and preparation, and equipment, labor, and materials
necessary to complete the work.
Shiloh Drive Widening April 29, 2004
'City of Fayetteville Engineering Design Services Division Page 01025-6
H
3. Related Items - Aggregate Base Course is a separate pay item.
' 4. Units and Measurement - Payment shall be at the unit price per linear foot of curb and gutter
installed and accepted by Engineer.
5. Partial Payment Provisions - None.
' M. Two-inch A CHM Surface Course (Type 2) (Pay Item 14)
1. Description - Furnish and install the two inch (220 lbs/SY) asphalt surface course at the lines and
' grades indicated on the typical section and profile in the Drawings.
2. Incidental Items - Prime coat, tack coat, blotter material, equipment, labor, materials, and any
other item necessary to complete the work.
3. Related Items - ACHM Binder Course under the surface course and shall be paid under a
separate pay item.
' 4. Units and Measurement - Payment shall be at the unit price per square yard of compacted
ACHM surface course for streets completed and accepted by Engineer. If determined by
Engineer, payment for completed units will be delayed until proof of construction testing has
' been completed. Payment will be at the quantity indicated on the Bid Form, unless Contractor
has reason to believe that those numbers are not representative. If so, the Contractor, at his
option and expense, can provide detailed calculations that prove that the bid quantity is in error.
' Otherwise, the plan quantities will be used for payment. The Bid Form quantity is a relative
amount that allows the Contractor to estimate the amount of imported material that will be
needed for the project. The total quantity paid will be the quantity indicated on the Bid Form.
' 5. Partial Payment Provisions - No partial payment will be made for this item.
N. Four -inch ACHM Binder Course (Type 2) (Pay Item 15)
I. Description - Furnish and install four inches (440 lbs/SY) asphalt binder course at the lines and
grades indicated on the typical section and profile in the Drawings.
2. Incidental Items - Prime coat, tack coat, blotter material, equipment, labor, and materials and any
' other item necessary to complete the work.
3. Related Items - Aggregate base course under the binder course shall be paid under a separate pay
item. ACHM Surface course shall be paid under a separate pay item.
4. Units and Measurement - Payment shall be at the unit price per square yard of compacted
ACHM surface course for streets completed and accepted by Engineer. If determined by
Engineer, payment for completed units will be delayed until proof of construction testing has
been completed. Payment will be at the quantity indicated on the Bid Form, unless Contractor
has reason to believe that those numbers are not representative. If so, the Contractor, at his
option and expense, can provide detailed calculations that prove that the bid quantity is in error.
Otherwise, the plan quantities will be used for payment. The Bid Form quantity is a relative
amount that allows the Contractor to estimate the amount of imported material that will be
needed for the project. The total quantity paid will be the quantity indicated on the Bid Form.
' 5. Partial Payment Provisions - No partial payment will be made for this item.
O. Aggregate Base (Class 7) (Pay Item 16)
' 1. Description - Construct aggregate base course to the lines and grades under sidewalks,
driveways, and for drainage pipes under streets as indicated on the typical sections and details in
the Drawings. Aggregate base course used in storm sewer pipe trenches and other drainage
structures under pavement, whether proposed or existing, will also be paid for as part of this
Shiloh Drive Widening April 29, 2004
City of Fayetteville Engineering Design Services Division Page 01025-7
I
' item.
` 2. Incidental Items
a. Scalping in areas that are not excavated or which do not have compacted embankment
constructed over them.
b. Blading and shaping subgrade, scarifying and compacting subgrade, maintaining subgrade
shape and moisture until base course is placed.
' c. Equipment, labor, and materials necessary to complete the work.
3. Related Items
' a. Site preparation, Section 02100.
b. Unclassified excavation, and compacted embankment are separate pay items.
c. Aggregate base course (6") for street construction is a separate pay item.
' 4. Units and Measurement - Payment shall be at the unit price per each ton of aggregate base course
furnished, installed and accepted by Engineer. If determined by Engineer, payment for
completed units will be delayed until proof of construction for installed units is complete.
' Measurement will be based on truck weight tickets. All quantities shall be documented.
However, any quantity exceeding the bid amount shall have full documentation by Contractor
and approval by Engineer.
5. Partial Payment Provisions - None.
P. Reinforced Concrete Storm Pipes (Pay Item 17)
I1. Description - Furnish and install reinforced concrete storm sewer pipe as indicated on the
Drawings and specifications.
' 2. Incidental Items - Trench excavation, bedding material, connectors, gaskets, connecting to
existing pipes & drop inlets, underdrain pipe, backfill, compaction of bedding and backfill, and
equipment, labor, and materials necessary to complete the work.
3. Related Items - Aggregate base installed in trenches under proposed road beds shall be paid for
under the Aggregate Base pay item.
4. Units and Measurement - Payment shall be at the unit price per linear foot furnished and installed
' and accepted by Engineer.
5. Partial Payment Provisions - Partial payment will be made for materials on site, but not yet
' incorporated into the work, as approved by Engineer.
Q. Drop Inlets, Junction Boxes, & Special Conc. Structures (Pay Items 18 & 20)
1. Description - Construct drop inlets, junction boxes and various concrete structures, complete
' with manhole covers and/or grates and frames as indicated on the Drawings.
2. Incidental Items - Incidental items include excavation, backfill, equipment, labor, and materials
necessary to complete the work.
3. Related Items - Pipe installation is a separate payment item. Depressed gutter section upstream
and downstream of inlet will be paid for as part of the curb and gutter item.
4. Units and Measurement - Payment shall be at the unit price per each structure constructed, tested
and accepted by Engineer.
' 5. Partial Payment Provisions - Partial payment will be made at percentages of completion,
approved by the Engineer.
Shiloh Drive Widening April 29, 2004
'City of Fayetteville Engineering Design Services Division Page 01025-8
I
R. Drop Inlet Extensions - 4 ft (Pay Item 19)
`
1. Description - Construct reinforced concrete extensions in the lengths and at the locations
indicated on the Drawings.
' 2. Incidental Items - Incidental items include excavation, trenching, bedding, backfill, equipment,
labor, and materials necessary to complete the work.
3. Related Items — Drop Inlets.
'
4. Units and Measurement - Payment shall be at the unit price per each length extension furnished
and installed and accepted by Engineer.
I5. Partial Payment Provisions - Partial payment will be made at percentages of completion,
approved by the Engineer.
S. Adjust Existing Drop Inlet to Grade (Pay Item 21)
1. Description — Remove existing drop inlet concrete top and a portion of the walls as necessary,
dowel into remaining wall, install new reinforced concrete top to street grade.
2. Incidental Items - Incidental items include excavation, removal & disposal, rebar, equipment
labor, and materials necessary to complete the work.
' 3. Related Items - Aggregate Base shall be paid for under a separate pay item.
4. Units and Measurement - Payment shall be a Lump Sum.
1 T. 5. Partial Payment Provisions - None.
Seeding and Mulching (Pay Item 22)
1. Description - Provide all seed and mulch to cover the disturbed areas as result of construction
' unless otherwise shown on the drawings.
2. Incidental Items - Incidental items include all equipment, labor, and materials necessary to
complete the work. Coordination of installation of street lights and underground cable with
Ozarks Electric prior to the placement of the Seeding and Mulching.
3. Related Items - Erosion control devices are paid for in separate pay items.
' 4. Units and Measurement - Payment shall be at the unit price per acre of seeding and completed
and accepted by Engineer.
5. Partial Payment Provisions - 75 percent of the unit price shall be paid upon completion of initial
'
seeding and mulching, with remainder held until a suitable viable grass stand is established.
U. Imported Top Soil (Pay Item 23)
I1. Description - Provide topsoil at the thickness (4" Min.), location, and to the lines and grades in
accordance with Engineer's instructions and as noted and described in the specifications and/or
Drawings.
2. Incidental Items - Fine grading, raking, removing any non -specified material from the soil and/or
any preparation work, and all equipment, labor, and materials, necessary to complete the work.
Coordination of installation of street lights and underground cable with Ozarks Electric prior to
the installation of the Top Soil.
3. Related Items - Seeding & Mulching is a separate pay item.
4. Measurement and Payment - Payment shall be at the unit price per cubic yard of imported topsoil
Shiloh Drive Widening April 29, 2004
' City of Fayetteville Engineering Design Services Division Page 01025-9
I
I
I
I V.
I
I
I
I
I
I
I
I
I
I
I
I
I
H
furnished, placed and accepted by the Engineer. No separate payment shall be made for on -site
topsoil that was salvaged and reused. Measurement shall be by verifying the 4 -inch thickness and
taking average horizontal measurements and computing the cubic feet thus the cubic yard
measurement:
Partial Provisions - None.
Solid Sodding (Pay Item 24)
1. Description - Furnish and place approved Bermuda sod, fertilizer and water according to the
specifications at locations or as field directed by the Engineer
2. Incidental Items — Site preparation, and all equipment, labor, and materials necessary to
complete the work.
3. Related Items — Topsoil, Seeding & Mulching, and Erosion Control Devices are paid for under
separate pay items.
4. Units and Measurement - Payment shall be per the unit price for square foot of sod completed
and accepted by the Engineer.
5. Partial Payment Provisions - None.
W. Thermoplastic Pavement Markings (Pay Items 25,26,27,& 28)
I. Description - Furnish and install traffic striping, stop bars, diagonals, and etcetera on the
pavement at the widths and color as per the details and at the locations indicated on the Drawings
and per the Manual on Traffic Control Devices.
2. Incidental Items - Incidental items include surface preparation, and all material, equipment, and
labor necessary to complete the work.
3. Related Items — Thermoplastic Pavement Markings (Arrows) shall be paid for under a separate
pay item.
4.. Units and Measurement - Payment shall be at the unit price per linear foot of striping furnished,
installed and accepted by the Engineer.
5. Partial Payment Provisions - None.
X. Thermoplastic Pavement Markings (Arrows) (Pay Item 29)
1. Description - Furnish and install pavement marking arrows & associated "ONLY" lettering at the
locations indicated on the Drawings and per the Manual on Traffic Control Devices.
2. Incidental Items - Incidental items include surface preparation, and all material, equipment, and
labor necessary to complete the work.
3. Related Items - Thermoplastic Pavement Markings (Striping) shall be paid for under a separate
pay item.
4. Units and Measurement - Payment shall be at the unit price per each pavement marking arrow
furnished, installed and accepted by the Engineer.
5. Partial Payment Provisions - None.
Y. Drop Inlet Silt Fence (E-6) (Pay Item 30)
Description - Furnish
and install silt fence as indicated on
the details in
the Drawings and per
these specifications at
location indicated on the Drawings
or as directed
by the Engineer.
Shiloh Drive Widening April 29, 2004
'City of Fayetteville Engineering Design Services Division Page 01025-10
I
I
S
I
I
I
I
I
I
I
I
11
I
I
I
I
I
2. Incidental Items - Incidental items include all material, equipment, and labor necessary to
complete the work.
3. Related Items — Straw Bales may be used in conjunction with silt fence, the straw bales shall be
paid as a separate pay item. Site preparation shall include any costs due to permits for erosion
control (stormwater pollution prevention) with the governing agencies.
4. Units and Measurement - Payment shall be at the unit price per each installed and accepted by
the Engineer.
5. Partial Payment Provisions- None.
Z. Baled Straw Ditch Check (E-1) (Pay Item 31)
1. Description - Provide Baled Straw as indicated in the (E-1) detail drawing and per the
specifications at the locations indicated on the Drawings or as directed by the Engineer.
2. Incidental Items - Equipment, stakes, rebar, materials, tools, labor, and any other item required to
complete the work.
3. Related Items — When straw bales are used in conjunction with silt fence, the silt fence shall be
paid for under a separate pay item.
4. Units and Measurement - Payment shall be at the unit price per each straw bale check furnished,
installed and accepted by the Engineer.
5. Partial Payment Provisions - None.
AA. Tree Protection Fencing(Pay Item 32)
1. Description — Provide tree protection fencing per the detail in the Drawings at all locations
indicated on the Drawings and/or as directed by the Engineer.
2. Incidental Items — All items needed to perform, furnish, and install these items as indicated on
the drawings including all equipment, labor, and materials necessary to complete the work.
3. Related Items — Site preparation is paid under a separate pay item.
4. Units and Measurement - Payment shall be at the unit price per linear foot performed, furnished,
placed, and accepted by the Engineer.
5. Partial Payment Provisions — None.
BB. Relocate Traffic Mirror & Post(Pay Item 33)
I. Description — Relocate existing mounted traffic mirror & post to a location as directed by the
Engineer.
2. Incidental Items — All items needed to perform, furnish, and install these items as indicated on
the drawings including concrete footing, new post (if necessary), all equipment, labor, and
materials necessary to complete the work.
3. Related Items — None.
4. Units and Measurement - Payment shall be a lump sum price.
5. Partial Payment Provisions — None.
CC. Existing Pavement Marking Removal(Pay Item 34)
Description — Remove all existing pavement markings as shown on the plans by grinding the
asphalt to a depth less than one quarter of an inch.
Shiloh Drive Widening April 29, 2004
' City of Fayetteville Engineering Design Services Division Page 01025-11
1 2. Incidental Items — All items needed to remove the existing pavement markings as indicated on
the drawings including all equipment, labor, and materials necessary to complete the work.
3. Related Items — None.
4. Units and Measurement - Payment shall be a lump sum price.
5. Partial Payment Provisions — None.
PART 2 -PRODUCTS
Not Used
PART 3- EXECUTION
I. Not Used
• End of Section 01025
1
1
1
1
I
Shiloh Drive Widening April 29, 2004
'City of Fayetteville Engineering Design Services Division Page 01025-12
I
Section 01027
' APPLICATIONS FOR PAYMENT
' Parti - GENERAL
1.1 SUMMARY
' A. Comply with procedures described in this Section when applying for progress payment and final
payment.
' B. Related work:
1. Documents affecting work of this Section include, but are not necessarily limited to, the
1 General Conditions, Supplementary Conditions, and Sections in Division 1 of these
Specifications.
2. The Contract Price and the schedule for payments are described in the General
'Conditions.
3. Payments upon Substantial Completion and Final Completion of the Work are described
in the General Conditions and in Section 01700 of these Specifications.
4. Engineer's approval of applications for progress payment and final payment may be
' contingent upon Engineer's approval of status of Project Record Documents as described
in Section 01700 of these Specifications.
1.2 QUALITY ASSURANCE
A. Prior to start of construction, Contractor shall secure Engineer's approval of the schedule of
values required to be submitted under Paragraph 2.07 of the General Conditions, and further
described in these Specifications.
I
B. During progress of the Work, Contractor shall modify the schedule of values as approved by
Engineer to reflect changes in the Contract Price due to Change Orders or other Modifications.
C. Contractor shall base requests for payment on the approved schedule of values.
1.3 FORMAT
A. Contractor shall submit a request for payment by filling in the agreed data, by typewriter or neat
lettering in ink, on "Application for Payment" form provided by Engineer, plus continuation sheet
or sheets.
1.4 PREPARATION OF APPLICATIONS
A. Present required information in typewritten form.
B. Contractor shall date and sign the Application for Payment in ink.
' City of Fayetteville 09/20/02 Page 01027-1
I
C. List each authorized Change Order as an extension on continuation sheet, listing Change Order
number and dollar amount as for an original item work.
1.5 SUBMITTAL PROCEDURES
A. Contractor shall submit the original of the Application for Payment, plus two identical copies
including continuation sheet(s) to Engineer.
B. Engineer shall review submittal and, either: ,
1. Return the Application for Payment to Contractor indicating in writing the reasons for
refusing to recommend payment. Contractor shall re -submit revised Application For
Payment.
2. Engineer will sign the Application for Payment and present to Owner for payment. I
C. Owner shall review Application for Payment and either:
1. Give immediate notice of any portions of the recommended amounts withheld from
payment in accordance with the General Conditions paragraphs 14.02.D.1.a through
14.02.D.1.d.
2. Sign Application For Payment and make disbursement to Contractor.
D. Engineer will distribute signed copies of Application for Payment to Contractor, Owner and
Engineer's file. Additional copies of Application for Payment will be distributed by Engineer to
the appropriate funding agency or agencies, if required.
1.6 SUBSTANTIATING DATA
A. If payment request is for materials and for equipment, or when Engineer requires substantiating
information, Contractor shall also submit copies of invoices or documentation as set forth in
paragraph 14.02.A of the General Conditions.
I
I
I
I
11
I
B. Provide one copy of data with cover letter for each copy of submittal. Show application number
and date, and line item by number and description. ,
Part 2- PRODUCTS
Not used.
Part 3- EXECUTION
Not used.
End of Section 01027
I
I
I
I
City of Fayetteville 09/20/02 Page 01027-2
I
I
I
I
I
J
I
I
.1
I
Section 01035
MODIFICATION PROCEDURE
Part 1- GENERAL
1.1 SUMMARY
A. This section describes steps to make changes in the Work, Contract Price, Contract Times, or any
combination thereof, as are described in written Change Orders signed by Owner, Contractor, and
Engineer and issued after execution of the Agreement, and in other instruments of change as described
herein in accordance with the provisions of this Section. Section includes:
1. Documentation of change in Contract Price and Contract Time.
2. Change procedures.
3. Work Change Directive.
4. Stipulated Price Change Order.
5. Unit price change order.
6. Time and material change order.
7. Execution of Change Orders.
8. Correlation of Contractor submittals.
B. Related work:
1. Documents affecting work of this Section include, but are not necessarily limited to, General
Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications.
2. Changes in the Work are described further in the General Conditions.
3. Section 01027 - Applications for Payment.
4. Section 01700- Project Record Documents.
' 1.2 QUALITY ASSURANCE
I
I
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.
I
I
B. Work Change Directive Form: EJCDC 1910-F.
C. Field Order Form: Engineer's letter.
ICity of Fayetteville 09/20/02 Page 01035-1
ii
1.4 DOCUMENTATION OF CHANGE IN CONTRACT PRICE AND CONTRACT TIME
A. Maintain detailed records of work done on a time and material basis. Provide full information required
for evaluation of proposed changes, and to substantiate costs of changes in the Work.
B. Document each quotation for a change in cost or time with sufficient data to allow evaluation of the
quotation.
I
I
I
C. On request, provide additional data to support computations:
1. Quantities of products, labor, and equipment.
2. Taxes, insurance and bonds.
3. Overhead and profit.
4. Justification for any change in Contract Time.
5. Credit for deletions from the Work, similarly documented.
D. Support each claim for additional costs, and for work done on a time and material basis, with additional
information:
1. Origin and date of claim.
2. Dates and times work was performed, and by whom.
3. Time records and wage rates paid.
4. Invoices and receipts for products, equipment, and subcontracts, similarly documented.
1.5 FIELD ORDER
A. Engineer will authorize, in writing, minor changes in the Work not involving an adjustment to Contract
Price or Contract Time as authorized by Paragraph 9.05 of the General Conditions by issuing a Field
Order.
1.6 WORK CHANGE DIRECTIVE
A. Engineer may issue a Work Change Directive, signed by Owner, instructing Contractor to proceed with
a change in the Work, for subsequent inclusion in a Change Order.
B. The Work Change Directive will describe changes in the Work, and will designate method of
determining any change in Contract Price or Contract Time.
C. Promptly execute the change in Work.
1.7 STIPULATED PRICE CHANGE ORDER
I
I
I
I
I
I
I
I
I
I
A. Based on notice of change and Contractor's fixed price quotation and subsequent negotiations.
r
I
I
City of Fayetteville 09/20/02 Page 01035-2 ,
I
1.8 UNIT PRICE CHANGE ORDER
' A. For pit -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 unnder 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.
IB. Engineer will determine the change allowable in Contract Price and Contract Time as provided in the
I. 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.
I. 1.10 EXECUTION OF CHANGE ORDERS
A. Engineer will provide Change Order forms for signatures of parties as provided in the General
Conditions in the number of copies indicated in the Supplementary Conditions.
1.11 CORRELATION OF CONTRACTOR SUBMITTALS
A. Promptly revise Schedule of Values and Application for Payment forms to record each authorized
Change Order as a separate line item and adjust the Contract Price.
B. Promptly revise progress schedules to reflect any change in Contract Time, revise sub -schedules to
adjust time for other items of work affected by the change, and resubmit.
C. Promptly enter changes in Project Record Documents.
Part 2 -PRODUCTS
Not Used.
Part 3 - EXECUTION
Not Used.
End of Section 01035
11
I
I
City of Fayetteville
09/20/02
Page 01035-3
I
I
I
' Part 1- GENERAL
1.1 SUMMARY
I
Section 01040
COORDINATION AND MEETINGS
A. This Section expands upon requirements regarding coordination, conferences and meetings,
described to permit direct reference from individual product specification Sections.
1 1. Coordination
I
I
I
CJ
I
I
U
I
I
I
2. Preconstruction conference
3. Progress meetings
1.2 RELATED SECTIONS
A. Documents affecting work of this Section include, but are not necessarily limited to General
Conditions, Supplementary Conditions, and Section in Division 1 of these Specifications.
13 COORDINATION
A. Coordinate construction activities with other contractors working in the same vicinity on
other projects. It is anticipated that other utilities 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 trenching, pipe laying, cleanup, or other activities scheduled
to occur on, or adjacent to, their property during the coming week. The individual property
owner, or tenant thereof, shall be notified at least 48 hours in advance of occupying, storing
materials on, or performing work on any right-of-way or easement. It shall be the
responsibility of the Contractor to provide a minimum of 72 hours advance notice to the
Engineer, Traffic department, Police Department, and Fire Department prior to cutting or
blocking any public street or roadway.
All planned interruptions of water service shall be coordinated with the Engineer and the
Fayetteville Water department. A minimum of 48 hours notice shall be required. Service
interruptions, when allowed by the Engineer, shall be scheduled between 8:00 a.m. and 5:00
p.m. and shall be limited to a maximum time of 4 hours for each individual meter unless
specifically approved otherwise.
All work that the Contractor will do that is related to traffic control devices or other related
items shall be coordinated with the Traffic Department superintendent, Mr. Perry Franklin.
That telephone number is 575-8228.
City of Fayetteville 09/20/02 Page 01040-1
I
C. Coordinate scheduling, submittals, and Work of the various Sections of specifications to
assure efficient and orderly sequence of installation of interdependent construction elements
with provisions for accommodating items installed later.
D. Verify that utility requirement characteristics of operating equipment are compatible with
existing utilities. Coordinate work of various Sections having interdependent responsibilities
for installing, connecting to, and placing in service such equipment.
E. Coordinate completion and clean up of Work.of separate Sections in preparation for
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
I
I
A. Engineer will schedule a conference within 20 days after the Contract Times start to run, but
before any Work at the site is started.
B. Attendance Required: Authorized representatives of Owner, Engineer, and Contractor. '
C. Agenda:
1. Distribution of executed Owner -Contractor Agreement. ,
2. Submission of executed bonds and insurance certificates.
3. Distribution of Contract Documents.
4. Submission of list of Subcontractors, list of products, Schedule of Values, and ,
proposed schedule.
5. Designation of personnel representing the parties in Contract,•and the Engineer. '
6. Procedures and processing of field decisions, shop drawings, submittals,
substitutions, applications for payments, Change Orders and Contract closeout
procedures.
7. Construction schedule, including sequence of critical work. I
8. Channels and procedures for communication.
9. Rules and regulations governing performance of the Work.
I
10. Procedures for safety and first aid, security, quality control, and related matters. I
I
City of Fayetteville 09/20/02 Page 01040-2 '
1.5 PROGRESS MEETINGS
A.
Schedule and administer meetings throughout progress of the Work beginning at
weekly
intervals or as determined by Engineer.
B.
Make arrangements for meetings, prepare agenda with copies for participants, preside at
meetings, record minutes, and distribute copies within two days to Engineer,
Owner,
participants, and those affected by decisions made.
C.
Attendance Required: Job superintendent, major Subcontractors and suppliers,
Owner,
Engineer, and others as appropriate to agenda topics for each meeting.
D.
Agenda:
1. Review minutes of previous meetings.
2. Review of Work progress.
3. Field observations, problems, and decisions.
4. Identification of problems which impede planned progress.
5. Review of submittals schedule and status of submittals.
6. Review of off -site fabrication and delivery schedules.
7. Maintenance of progress schedule.
8. Corrective measures to regain projected schedules.
9. Planned progress during succeeding work period.
10. Coordination of projected progress.
11. Maintenance of quality and work standards.
12. Effect of proposed changes on progress schedule and coordination.
13. Other business relating to Work.
City of Fayetteville 09/20/02 Page 01040-3
Part 2- PRODUCTS
Not Used
Part 3- EXECUTION
Not Used
End of Section 01040
City of Fayetteville 09/20/02 Page 01040-4
I
Section 01051
CONSTRUCTION SURVEYS
I. Part 1 - GENERAL
1.1 SUMMARY
IA. This Section defines staking services that Engineer will furnish, and sets forth responsibilities
of Contractor regarding the use and maintenance of same.
B. Related Work: Documents affecting work of this Section include, but are not limited to,
General Conditions, Supplementary Conditions, and Sections in Division 1 of these
I Specifications.
C. Definitions
1. "Control Stakes" are the original reference points set by the Engineer for the
construction work, i.e. centerline staking at the PI's, PC's, & PT's and IBM's.
2. "Construction Staking" is all other staking necessary, as the job progresses, to
construct the project according to the drawings and specifications which is the
responsibility of the Contractor.
1.2 REQUIREMENTS
A. Engineer shall provide the following staking:
1. Set temporary bench marks.
I 2. Set baseline staking, i.e. PI's, PC's & PT's.
3. Reset control stakes found to be in error.
B. Contractor shall provide the following staking:
1. All construction staking except as provided by Engineer above.
2. Reset stakes, property comers, marks or pins lost due to Contractor's operations.
1.3 CONTROL STAKING
• A. Notification
1. Notify Engineer, in writing, at least five days in advance of the date when control
staking services are desired.
2. Engineer shall provide control staking.
• B. Checking Stakes
1. Examine stakes before commencing operations.
2. Notify Engineer, if validity of any control stake is questionable.
I• City of Fayetteville 09/20/02 Page 01051-1
3. Engineer will check stake or stakes in question.
4. Any control stakes found to be in error will be reset by the Engineer.
5. If stakes are valid, Contractor shall pay for cost of checking stakes.
C. Preservation of Stakes
1. Contractor shall inform his employees, subcontractors and vendors of importance of
control stakes and the necessity of their preservation.
2. Contractor shall pay for resetting any control stakes, property comers, marks, or
pins lost due to Contractor's operations.
1.4 CONSTRUCTION STAKING
A. Provide all construction staking as needed to complete the Work.
Part 2- PRODUCTS
Not Used
Part 3- EXECUTION
Not Used
End of Section 01051
City of Fayetteville 09/20/02 Page 01051-2
I
I
I
U
I
Section 01060
REGULATORY REQUIREMENTS
Part 1 - GENERAL
1.1 SECTION INCLUDES:
A. Listing of certain applicable local, state, and federal regularity requirements applicable to the project.
B. Discussion of specific implementation of certain regulatory requirements.
1.2 NOT INCLUDED:
A. Comprehensive listing of applicable local, state, and federal regulatory requirements applicable to the
project.
' B. Reference to or listing of applicable safety standards.
I
1.3 RELATED SECTIONS
A. Documents affecting work of this Section include, but are not necessarily limited to, General
Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications.
IB. Section 01090 - Reference Standard: applicable consensus standards.
I
I
C. Specific Sections of this Specification include additional requirements of local, state, and federal
regulatory requirements.
1.4 AMERICANS WITH DISABILITIES ACT
A. Comply with portions applicable to construction and construction sites.
1.5 FAYETTEVILLE WATER AND SEWER STANDARDS
A. Water standards are available from the City of Fayetteville Engineering Department. Sewer standards in
an unapproved draft form should be obtained by Contractor and referred to when applicable.
1.6 ARKANSAS HIGHWAY AND TRANSPORTATION
A. Construction standards as listed in individual Specification Sections.
' 1.7 ARKANSAS DEPARTMENT OF HEALTH
A. Project has been submitted to ADOH for approval with applicable design standards.
1 B. Do not deviate from ADOH approved Drawings and Specifications without approval of Engineer.
C. Deviations requested by Contractor which require re -submittal to ADOH - Contractor will reimburse
' Owner for cost of re -submittal and obtaining approval.
1.8 NPDES STORM WATER DISCHARGE PERMIT
' City of Fayetteville 09/20/02 Page 01060-1
A. NPDES Permit - Apply to the State of Arkansas for storm water discharges during construction at this
site to be covered by General NPDES Permit No. ARR10A000. This application includes filing a
Notice of Intent (NOT) and preparing a Storm Water Pollution Prevention Plan.
B. Permit Activities: Manage the discharge of storm water from the project areas in accordance with the
NPDES permit and the following provisions.
Minimum requirements for storm water construction permit compliance.
Contractor will develop and place in field office file a storm water pollution prevention plan
(Plan) for this construction site. The objective of this Plan is to identify all potential pollution
sources on -site, and, devise management and physical measures which reduce pollution and
prevent such pollution from leaving the permit site.
Plan shall include methods and timing for prevention of storm water pollution by the
construction process, equipment and materials. This includes a description of both structural
and non-structural control measures.
Plan shall include flow diversion, erosion control, sediment containment, and re -vegetation
consistent with the specified work and the storm water permit.
Plan shall specify the Contractor's supervisory personnel who shall conduct the required
inspections of the site and control facilities and who shall file the written reports for each such
inspection. I
Plan shall require such inspection of the control facilities after each rain of 0.5 inches per day as
specified in the permit. Such inspections are of particular importance in evaluating control
structures and non-structural methods or procedures. Failure or ineffectiveness of control
measures or procedures must be documented with corrective actions specified.
2. Conduct sampling and analysis of storm water run-off in accordance with the NPDES permit
and the following provisions. Analysis shall be performed by a laboratory approved by Owner.
3. Complete compliance reports required by the permit in a timely manner and provide Owner ,
with copies of all data on storm water management activities and monitoring.
C. Permit Compliance: Conduct storm water management practices in accordance with the permit. I
Contractor shall be responsible for any enforcement action taken or imposed by federal or state agencies,
including the cost of fines, construction delays, and remedial actions, resulting from Contractor's failure
to comply with the permit provisions.
Monitor the suitability of the designated management practices to achieve the storm water quality
provisions of the permit, and notify Engineer of the any changes made to management practices. ,
If changes are ordered by Engineer, an adjustment in Contract Price shall be considered in accordance
with the General Conditions. However, Contractor's failure to monitor or report deficiencies to Owner
will result in Contractor being liable for fines and construction delays resulting from any federal or state
agency enforcement action.
r
-J
City City of Fayetteville 09/20/02 Page 01060-2 ,
Part 2- PRODUCTS
Not Used
Part 3- EXECUTION
Not Used
End of Section 01060
City of Fayetteville 09/20/02 Page 01060-3
Section 01090
STANDARDS AND ABBREVIATIONS
Part1-GENERAL
1.1
SECTION INCLUDES
A.
A listing of organizations providing reference standards referenced in the Specifications.
B.
Information on the use of reference standards.
C.
A listing of abbreviations used throughout the Contract Documents.
1.2
RELATED SECTIONS
A.
General Conditions, Supplementary Conditions
13
SCHEDULE OF REFERENCES
A.
AASHTO American Association of State Highway and Transportation Officials
444 North Capitol Street, NW
Washington, DC 20001
B.
ACI American Concrete Institute
Box 19150
Redford Stations
Detroit, MI 48219
C.
AGC Associated General Contractors of America
1957 E Street, NW
Washington, DC 20006
D.
Al Asphalt Institute
Asphalt Institute Building
College Park, MD 20740
E.
ANSI American National Standards Institute
1430 Broadway
New York, NY 10018
F.
ASPA American Sod Producers Association
4415 West Harrison Street
Hillside, IL 60612
City of Fayetteville 09/20/02 Page 01090-1
G. ASTM American Society for Testing and Materials
1916 Race Street
Philadelphia, PA 19103
H. AWWA American Water Works Association _
6666 West Quincy Avenue
Denver, CO 80235
I. EJCDC Engineers' Joint Contract Documents Committee
American Consulting Engineers Council
1015 15th Street, NW
Washington, DC 20005
J. FS Federal Specifications
General Services Administration, Specifications and Consumer
Information Distribution Section (WFSIS)
Washington Navy Yard, Building 197
Washington, DC 20407 '
K MIL Military Specification
Naval Publications and Forms Center
5801 Tabor Avenue
Philadelphia, PA 19120
L. PCA Portland Cement Association
5420 Old Orchard Road
Skokie, IL 60077
M. UL Underwriters' Laboratories, Inc.
333 Pfringston Road '
Northbrook, IL 60062
1.4 ABBREVIATIONS
Whenever the following abbreviations and acronyms are used, they shall have the corresponding
meaning as follows.
AGA - American Gas Association
AHTD - Arkansas Highway and Transportation Department
ASHTD - Arkansas Highway and Transportation Department
AISC - American Institute of Steel Construction
ABA - American Plywood Association AS ,
A - American Standards Association
AWG - American Wire Gage
AWPA - American Wood Products Association ,
AWS - American Welding Society
GSA - General Services Administration, U.S. Government
NHBA - National Builders Hardware Association
NEC - National Electric Code
City of Fayetteville 09/20/02 Page 01090-2
NEMA - National Electric Manufactures Association
NFPA - National Fire Protection Association
NPT - National Pipe thread
SBC - Standard Building Code (also SSBC)
SPA - Southern Products Association
A
- Ampere
cfm
- cubic feet per minute
CGMP
- corrugated galvanized metal pipe
DIP
- ductile iron pipe
gpm
- gallons per minute
Hp
- horsepower
MOD
- million gallons per day
N.C.
- normally closed
N.O.
- normally open
ppm
- parts per million
psi
- pounds per square inch
PVC
- polyvinyl chloride (pipe)
R
- motor starter relay
RCP
- reinforced concrete pipe
rpm
- revolutions per minute
T.D.
- time delay
TDH
- total dynamic head
V
- volt
PART 2- PRODUCTS
Not Used
PART 3- EXECUTION
Not Used
End of Section 01090
City of Fayetteville 09/20/02 Page 01090-3
' Section 01300
' SUBMITTALS
' Part1- GENERAL
1.1 SUMMARY
A. This Section expands upon requirements regarding administrative and procedural
requirements for submittals of progress schedules, shop drawings, product data, samples,
' manufacturer's instructions, and manufacturer's certificates.
B. Related Work:
' 1. Section 01400 - Quality Control: Manufacturers' field services and reports.
' 2. Section 01700 - Contract Closeout: Contract warranty, manufacturer's certificates,
and closeout submittals.
1.2 SUBMITTAL PROCEDURES
A. Transmit each submittal with form accepted by Engineer.
' B. Sequentially number the transmittal forms. Re -submittals to have original number with an
alphabetic suffix.
C. Identify Project, Contractor, Subcontractor or supplier; pertinent Drawing sheet and detail
number(s), and specification Section number, as appropriate.
' D. Apply Contractor's stamp, signed or initialed certifying that review, verification of Products
required, field dimensions, adjacent construction Work, and coordination of information, is
in accordance with the requirements of the Work and Contract Documents.
E. Schedule submittals to expedite the Project, and deliver to Engineer. Coordinate submission
of related items.
' F. Identify variations from Contract Documents and Product or system limitations which may
be detrimental to successful performance of the completed Work.
' G. Provide space for Contractor and Engineer review stamps.
' H. Revise and resubmit submittals as required, identity all changes made since previous
submittal.
I. I. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly
report any inability to comply with provisions.
' City of Fayetteville 09/20/02 Page 01300-1
I
1.3 CONSTRUCTION PROGRESS SCHEDULES
A. Submit initial progress schedule in duplicate within 15 days after date of Owner -Contractor
Agreement for Engineer review.
I
B. Update in accordance with Section 01310 and resubmit with each pay request. ,
C. Submit a horizontal bar chart with separate line for each major section of Work or
operation, identifying first work day of each week. I
D. Show complete sequence of construction by activity, identifying Work of separate stages and
other logically grouped activities.
E. Indicate estimated percentage of completion for each item of Work at each submission.
F. Indicate submittal dates required for shop drawings, product data, and samples.
1.4 SHOP DRAWINGS
A. Submit the number of opaque reproductions which Contractor requires, plus two copies
which will be retained by Engineer.
B. Make Shop Drawings accurately to a scale sufficiently large to show all pertinent aspects of
the item and its method of connection to the Work.
C. Unless otherwise specified, make submittals in groups containing all associated items to
assure that information is available for checking each item when it is received.
1. Partial submittals may be rejected as not complying with the provisions of the
Contract.
2. The Contractor may be held liable for delays so occasioned.
D. Make submittals far enough in advance of scheduled dates for installation to provide time
required for reviews, for securing necessary approvals, for possible revisions and re -
submittals, and for placing orders and securing delivery.
I
I
I
I
I
11
I
E. In scheduling, allow at least ten working days for review by the Engineer following the
Engineer's receipt of the submittal.
F. Submittal log:
1. Maintain an accurate submittal log for the duration of the Work, showing current
status of all submittals at all times.
2. Make the submittal log available to the Engineer for the Engineer's review upon ,
request.
G. After review distribute in accordance with Article on Procedures above and for Record ,
Documents described in Section 01700 - Contract Closeout.
City of Fayetteville 09/20/02 Page 01300-2 '
C1
[1
I
_1
I
I
I
El
1.5 PRODUCT DATA
A. Submit. the number of copies which the Contractor requires, plus two copies which will be
retained by the Engineer.
B. Mark each copy to identify applicable products, models, options, and other data.
Supplement manufacturers' standard data to provide information unique to this Project.
C. After review, distribute in accordance with Article on Procedures above and provide copies
for Record Documents described in Section 01700 - Contract Closeout.
1.6 SAMPLES
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 1.7 MANUFACTURER'S INSTRUCTIONS
I
J
El
P
H
A. When specified in individual specifications Sections, submit manufacturers' printed
instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, in
quantities specified for Product Data.
B. Identify conflicts between manufacturers' instructions and Contract Documents.
1.8 MANUFACTURER'S CERTIFICATES
A. When specified in individual specification Sections, submit manufacturers' certificate to
Engineer for review, in quantities specified for Product Data.
B. Indicate that material or product conforms to or exceeds specified requirements. Submit
supporting reference data affidavits, and certifications as appropriate.
C. Certificates may be recent or previous test results on material or Product, but must be
acceptable to Engineer.
' City of Fayetteville 09/20/02 Page 01300-3
Part 2- PRODUCTS
Not Used
Part 3- EXECUTION
Not Used
End of Section 01300
City of Fayetteville 09/20/02 Page 01300-4
I
CJ
I
I
L
I
Section 01310
PROGRESS SCHEDULES
Part 1- GENERAL
1.1 SUMMARY
A. This Section includes procedural requirements for preparation, submittal, and updating of
Contractor's construction progress schedules.
B. Related Work:
1. Documents affecting work of this Section include, but are not limited to, General
Conditions, Supplementary Conditions, and Sections in Division 1 of these
Specification.
' 2. Section 01027 - Applications for Payment.
3. Section 01300 - Submittals: Shop drawings, product data, and samples.
I
1.2 FORMAT
' A. Prepare Schedules as a horizontal bar chart with separate bar for each major portion of
Work or operation, identifying first work day of each week.
' B. Sequence of Listings: The chronological order of the start of each item of Work.
C. Scale and Spacing: To provide space for notations and revisions.
' D. Sheet Size: Minimum multiples of 8'h x 11 inches (216 x 279 mm)
' 1.3 CONTENT
A. Show complete sequence of construction by activity, with dates for beginning and completion
of each element of construction.
B. Identify each item by specification Section number.
' C. Identify work of separate stages and other logically grouped activities.
I. D. Provide sub -schedules to define critical portions of the entire Schedule.
E. Show accumulated percentage of completion of each item, and total percentage of Work
completed, as of the first day of each month.
' F. Provide separate schedule of submittal dates for shop drawings, product data, and samples,
and dates reviewed submittals will be required from Engineer.
G. Coordinate content with Schedule of Values specified in Section 01370.
City of Fayetteville 09/20/02 Page 01310-1
1.4 REVISIONS TO SCHEDULES
A. Indicate progress of each activity to date of submittal, and projected completion date of each
activity.
B. Identify activities modified since previous submittal, major changes in scope, and other
identifiable changes.
C. Provide narrative report to define problem areas, anticipated delays, and impact on
Schedule. Report corrective action taken, or proposed, and its effect.
1.5 SUBMITTALS
A. Submit initial Schedules within fifteen (15) days after date of Notice of Award. After review,
resubmit required revised data within ten (10) days.
B. Submit the number of opaque reproductions which Contractor requires, plus two copies
which will be retained by Engineer.
1.6 DISTRIBUTION
A. Distribute copies of reviewed Schedules to project site file, Subcontractors, suppliers, and
other concerned parties.
B. Instruct recipients to promptly report, in writing, problems anticipated by projections
indicated in Schedules.
Part 2- PRODUCTS
Not Used
Part 3- EXECUTION
Not Used
End of Section 01310
City of Fayetteville 09/20/02 Page 01310-2
I
I
I
I
I
I
I
11
I
I
11
I
I
I
I
Section 01410
TESTING LABORATORY SERVICES.
Part 1- GENERAL
1.1 SUMMARY
A. This Section describes testing and inspecting to be provided by Contractor, plus cooperation
required from Contractor with Owner's selected testing agency and others responsible for
testing and inspecting the Work.
B. Related work:
1. Documents affecting work of this Section include, but are not necessarily limited to,
General Conditions, Supplementary Conditions, and Sections in Division 1 of these
Specifications.
2. Requirements for testing may be described in various Sections of these
Specifications.
3. Where no testing requirements are described, but Owner decides that testing is
required, Owner may require such testing to be performed under current pertinent
standards for testing. Payment for such testing will be made as described in this
Section.
C. Work not included:
Selection of testing laboratory: Owner and Contractor will each select a pre -qualified
independent testing laboratory for the testing services required by each. Neither Owner nor
Contractor shall utilize a testing laboratory against which the other has a reasonable
objection.
1.2 QUALITY ASSURANCE
A. The testing laboratory will be qualified to the Owner's approval in accordance with ASTM E
329.
B. Testing, when required, will be in accordance with all pertinent codes and regulations, and
with selected standards of the American Society for Testing and Materials and the American
Association of State Highway and Transportation Officials.
13 DELIVERY, STORAGE, AND HANDLING
A. Comply with pertinent provisions of Section 01620.
B. Promptly process and distribute required copies of test reports and related instructions to
assure necessary re -testing and replacement of materials with the least possible delay in
progress of the Work.
I
City of Fayetteville 09/20/02 Page 01410-1
Part 2- PRODUCTS
2.1 PROOF OF MATERIALS TESTING
A. Materials to be incorporated into the work -shall be tested, using suitable laboratory and
source quality control tests, as indicated in individual specification Sections, to prove their
compliance with the Specifications.
B. Proof of materials testing shall be paid for by Contractor.
2.2 PROOF OF CONSTRUCTION TESTING
A. Completed construction shall be tested, using suitable in -situ and laboratory tests, as
indicated in individual specification sections or as recommended by Engineer or required by
Owner, to prove compliance of completed work with Specifications.
B. Initial proof of construction testing will be paid for by Owner.
C. When initial tests indicate non-compliance with the Contract Documents, the costs of all
tests associated with that non-compliance will be borne by Contractor.
I
I
11
I
I
I
I
2.3 CODE COMPLIANCE TESTING
A. Inspections and tests required by codes or ordinances, or by a plan approval authority, and
which are made by a legally constituted authority, shall be the responsibility of and shall be
paid for by Contractor, unless otherwise provided in the Contract Documents.
I
2.3 CONTRACTOR'S CONVENIENCE TESTING I
A. Inspecting and testing performed exclusively for Contractor's convenience shall be sole
responsibility of Contractor.
Part 3- EXECUTION
3.1 COOPERATION WITH TESTING LABORATORY
A. Representatives of the testing laboratory shall have access to the Work at all times and at all
locations where the Work is in progress. Provide facilities for such access to enable the
laboratory to perform its functions properly.
3.2 TAKING SPECIMENS
A. Specimens and samples for testing, unless otherwise provided in the Contract Documents,
shall be taken by testing personnel. Sampling equipment and personnel will be provided by
the testing laboratory. Deliveries of specimens and samples to the testing laboratory.
I
I
I
I
I
I
City of Fayetteville 09/20/02 Page 01410-2 ,
3.3 SCHEDULES FOR TESTING
A. Establishing schedule:
1. By advance discussion with testing laboratory selectedby Owner, determine the time
required for laboratory to perform tests and to issue findings.
2. Provide all required time within the construction schedule.
B. Revising schedule: When changes of construction schedule are necessary during
construction, coordinate all such changes with the testing laboratory as required.
C. Adherence to schedule: When the testing laboratory is ready to test according to the
established schedule, but is prevented from testing or taking specimens due to
incompleteness of the Work, all extra charges for testing attributable to the delay may be
back -charged to Contractor and shall not be borne by Owner.
End of Section 01410
City of Fayetteville 09/20/02 Page 01410-3
I
I
I
I
I
I
I
I
Section 01500
CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
Part 1- GENERAL
A. This Section describes construction facilities and temporary controls required for the Work.
B. Related work:
1. Documents affecting work of this Section include, but are not necessarily limited to,
General Conditions, Supplementary Conditions, and Sections in Division 1 of these
Specifications.
2. Except that equipment, furnished by subcontractors shall comply with requirements of
pertinent safety regulations, such equipment normally furnished by the individual trades
in execution of their own portions of the Work are not part of this Section.
3. Permanent installation and hookup of the various utility lines are described in other
Sections.
1.2 REQUIREMENTS
A. Provide construction facilities and temporary controls needed for the Work including, but not
necessarily limited to:
1. Temporary Utilities: Electricity, heat, ventilation, telephone, water and sanitary
U.
facilities.
2. Temporary Controls: Barriers, enclosures, fencing, protection of the Work, and water
control.
' 3. Construction Facilities: Access roads and temporary buildings.
4. Project sign, if required.
' 1.3 DELIVERY, STORAGE, AND HANDLING
A. Maintain temporary facilities and controls in proper and safe condition throughout progress of
' the Work.
Part 2- PRODUCTS
2.1 MAINTENANCE OF TRAFFIC
1. Keep existing roads open to all traffic. Keep the portion of the project being used by public
traffic, either through or local traffic, in such condition to permit safe, continuous flow two-way
traffic at all times.
ICity of Fayetteville 09/20/02 Page 01500-1
I
Where the nature of the work restricts or prohibits two-way flow, one-way operation may be
maintained by use of flaggers.
2. Conduct work as to assure the least possible obstruction to traffic. Provide for safety and
convenience of the general public, residents affected by construction, and protection of persons
and property.
3. Maintain existing roads from the date work is begun until the project has been completed and
accepted.
4. Provide traffic control devices and operations required to delineate temporary hazards which
result from construction. Traffic control devices shall comply with applicable portions of the
MUTCD and Section 604 of AHTD. Traffic control devices which are ineffective due to size,
age, wear and tear, or improper delineation shall be removed from the site and replaced with
suitable devices.
2.2 UTILITIES
A. Water I
1. Provide necessary temporary piping and water supply and, upon completion of the Work,
remove such temporary facilities.
2. Provide and pay for water used in construction, including water used to flush and test
pipelines and appurtenances. '
B. Electricity
1. Provide necessary temporary wiring and, upon completion of the Work, remove such '
temporary facility.
2. Provide area distribution boxes so located that the individual trades may furnish and use
100 ft. maximum length extension cords to obtain power and lighting at points where
needed for work, inspection, and safety.
3. Provide and pay for electricity used in construction.
C. Heating
1. Provide and pay for heat devices and heat necessary to maintain specified conditions for
construction operations needed in the Work.
D. Telephone
1. Make necessary arrangements and pay costs for installation and operation of telephone
service to the Contractor's office at the job site.
2. Make the telephone available to the Engineer for use in connection with the Work.
E. Temporary Ventilation '
1. Ventilate enclosed areas to assist cure of materials, to dissipate humidity, and to prevent
accumulation of dust, fumes, vapors, or gases.
City of Fayetteville 09/20/02 Page 01500-2
I
2. Provide equipment as required to maintain proper ventilation construction operations.
' F. Temporary Sanitary Facilities -
1. Provide temporary sanitary facilities in the quantity required for use by all personnel-
2. Maintain in sanitary condition at all times.
2.3 BARRIERS
A. Provide barriers to prevent unauthorized entry to construction areas to allow for Owner's use of
site, and to protect existing facilities and adjacent properties from damage from construction
'operations and demolition.
' B. Provide protection for plant life designated to remain. Replace damaged plant life.
C. Protect non -owned vehicular traffic, stored materials, site and structures. from damage.
2.4 WATER CONTROL
A. Grade site to drain. Maintain excavations free of water. Provide, operate, and maintain pumping
' equipment.
B. Protect site from puddling or running water. Provide water barriers as required to protect site
from soil erosion.
2.5 PROTECTION OF INSTALLED WORK
A. Protect installed Work and provide special protection where specified in individual specification
Sections.
B. Provide temporary and removable protection for installed Products. Control activity in
immediate work area to minimize damage.
C. Provide temporary covering at the ends of installed piping at the end of each work day to prevent
entry of dirt, debris and rodents.
D. Prohibit traffic on dressed and seeded areas.
' 2.6 SECURITY
A. Provide security and facilities to protect Work, existing facilities, and Owner's operations from
' unauthorized entry, vandalism, or theft.
2.7 ACCESS ROADS
' A. Construct and maintain temporary roads accessing public thoroughfares to serve construction
area.
B. Extend and relocate as Work progress requires. Provide detours necessary for unimpeded traffic
I
City of Fayetteville 09/20/02 Page 01500-3
El
flow.
C. Provide and maintain access to fire hydrants, free of obstructions.
2.8 PROGRESS CLEANING
A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly
condition.
B. Remove waste materials, debris, and rubbish from site periodically and dispose off -site.
2.9 FIELD OFFICES AND SHEDS
A. Contractor's facilities: (applicable when included as a bid item)
1. Provide a temporary field office building and sheds adequate in size and accommodation
for Contractor's offices, supply, and storage.
2. Within the Contractor's facilities, provide enclosed space adequate for holding project
meetings. Furnish with table, chairs, and utilities.
B. Locate offices and sheds a minimum distance of 30 feet from existing and new structures.
2.10 ENCLOSURES
A. Provide and maintain for the duration of construction all scaffolds, tarpaulins, canopies, warning
signs, steps, platforms bridges, and other temporary constructing necessary for proper completion
of the Work in compliance with pertinent safety and other regulations.
B. Provide temporary weather -tight closure of exterior openings to accommodate acceptable
working conditions and protection for Products, to allow for temporary heating and maintenance
of required ambient temperatures identified in individual specification Sections, and to prevent
entry of unauthorized persons. Provide access doors with self -closing hardware and locks.
2.11 TEMPORARY FENCING
A. Provide and maintain for the duration of construction a temporary fence of design and type
needed to prevent entry by the public onto the open excavation areas of the Work.
B. Fencing shall be international orange in color, 4' high, have maximum 6 inch square opening and
be supported by 6 foot posts located 10 feet to 12 feet on center and imbedded 18 inches into the
ground.
I
I
I
I
I
I
I
I
I
I
I
I
I
C. Provide and maintain temporary cattle fencing to restrict movement of cattle into work areas
both during regular work hours and during nighttime and weekends.
I
City of Fayetteville 09/20/02 Page 01500-4
Part 3- EXECUTION
3.1 MAINTENANCE AND REMOVAL
A. Maintain temporary facilities and controls as long as needed for safe and proper completion of
the Work.
B. Remove such temporary facilities and controls as rapidly as progress of the Work will permit, or
as directed by the Engineer.
C. Clean and.repair damage caused by installation or use of temporary work.
D. Restore existing facilities used during construction to original condition. Restore permanent
facilities used during construction to specified condition.
End of Section 01500
City of Fayetteville 09/20/02 Page 01500-5
[J
' Section 01620
STORAGE AND PROTECTION
' Part1- GENERAL
1.1 SUMMARY
A. Protect products scheduled for use in the Work by means including, but not necessarily limited
to, those described in this Section.
' B. Related work:
1. Documents affecting work of this Section include, but are not necessarily limited to,
General Conditions, Supplementary Conditions, and Sections in Division 1 of these
Specifications.
' 2. Additional procedures also maybe prescribed in other Sections of these Specifications.
1.2 QUALITY ASSURANCE
' A. Include within the Contractor's quality assurance program such procedures as are required to
assure full protection of work and materials.
13 MANUFACTURERS' RECOMMENDATIONS
A. Except as otherwise approved by the Engineer, determine and comply with manufacturers'
'recommendations of product handling, storage, and protection.
1.4 PACKAGING
A. . Deliver products to the job site in their manufacturer's original container, with labels intact and
legible.
' 1. Maintain packaged materials with seals unbroken and labels intact until time of use.
2. Promptly remove damaged material and unsuitable items from the job site, and promptly
replace with material meeting the specified requirements, at no additional cost to the
Owner.
I
B. Engineer may reject as non -complying such material and products that do not bear identification
satisfactory to Engineer as to manufacturer, grade, quality, and other pertinent information.
1 1.5 STORAGE
A. Store materials, supplies and equipment in an orderly fashion at the site of the work as will not
unduly interfere with the progress of his work or of other contractors.
1.6 PROTECTION
A. Provide the necessary care in unloading procedures to prevent damage to materials and
City of Fayetteville
09/20/02
Page 01620-1
equipment delivered to the job site.
B. Provide necessary security fencing and measures to prevent damage through vandalism or theft.
C. At all times safely guard Owner's property from injury or loss in connection with this Contract.
At all times safely guard and protect the Work, and that of adjacent property, from damage. —
Furnish, maintain, and use such equipment as may be necessary to protect adjacent property from
damage caused by construction equipment, dust, mud, dirt, and refuse from operations. Failure
to prevent such damage shall be cause for stopping the Work until dust, mud, dirt, and refuse are
controlled. Be fully responsible for safety precautions and protection until acceptance of the
Work.
D. Exercise due care to avoid damage to existing improvements or facilities, fences, building,
structures, adjacent properties, and trees and shrubs that are not to be removed.
E. In the event of temporary suspension of work, or during inclement weather, or whenever
Engineer shall direct, direct Subcontractors to carefully protect the Work and materials against
damages or injury from the weather.
1.7 REPAIRS AND REPLACEMENTS
A. In event of damage, promptly make replacements and repairs to the approval of Engineer and at
no additional cost to Owner.
B. Additional time required to secure replacements and to make repairs will not be considered by
Engineer to justify an extension in the Contract Times.
End of Section 01620
I
.1
I
I
I
k
City of Fayetteville 09/20/02 Page 01620-2 ,
I
I
I
[I
I
I
H
I
L
I
C
C
C
L
H
[]
Section 01630
PRODUCT OPTIONS AND SUBSTITUTIONS
Part 1 -GENERAL
1.1 SUMMARY
A. This Section describes product options available to the Contractor, plus procedures for securing
approval of proposed substitutions.
B. Related work:
1. Documents affecting work of this Section include, but are not necessarily limited to,
General Conditions, Supplementary Conditions, and Sections in Division 1 of these
Specifications.
2. Make submittals in accordance with pertinent provisions of Section 01300.
1.2 PRODUCT OPTIONS
A. The Contract is based on standards of quality established in the Contract Documents.
1. In agreeing to the terms and conditions of the Contract, Contractor has accepted a
responsibility to verify that the specified products will be available and to place orders for
all required materials in such a timely manner as is needed to meet agreed upon
construction schedule.
2. Neither Owner nor Engineer has agreed to the substitution of materials or methods
called for in the Contract Documents, except as they may specifically otherwise state in
writing.
B. Materials and/or methods specified by name:
1. Where materials and/or methods are specified by naming one single manufacturer and/or
model number, without stating that equal products will be considered, only the material
and/or method named is approved for incorporation into the Work.
2. Should Contractor demonstrate to the satisfaction of Engineer that a specified material
or method was ordered in a timely manner and will not be available in time for
incorporation into this Work, Contractor shall submit to Engineer such data on proposed
substitute materials and/or methods as are needed to help Engineer determine suitability
of the proposed substitution.
C. Where materials and/or methods are specified by name and/or model number, followed by the
words "or equal':
1. The material and/or method specified by name establishes the required standard of
quality;
2. Materials and/or methods proposed by Contractor to be used in lieu of materials and/or
methods;
1,
City of Fayetteville 09/20/02 Page 01630-1
I
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 wiihin the Work:
-- 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.
B. Whether or not Engineer approves a proposed substitution, Contractor promptly upon receipt
from Owner of Engineer's billing shall reimburse Owner for the charges of Engineer and
Engineer's Consultants for evaluating each such proposed substitute item.
1.4 DELAYS
I
C]
[1
I
I
I
I
[]
I
A. Delays in construction arising by virtue of the non -availability of a specified material and/or
method will not be considered by Engineer as justifying an extension of the agreed Contract
Time.
End of Section 01630
I
I
I
I
City of Fayetteville 09/20/02 Page 01630-2
I
I
Li
[I
I
Section 01700
CONTRACT CLOSEOUT
Part 1- GENERAL
1.1 SECTION INCLUDES
A. Description of an orderly and efficient transfer of the completed Work to Owner.
' B. Expands upon requirements regarding project closeout procedures, final cleaning, adjusting,
project record documents, operation and maintenance data, and warranties described to permit
direct reference from individual product specification Sections.
' C. Related work:. Documents affecting work of this Section include, but are not necessarily limited
to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these
' Specifications.
1.2 QUALITY ASSURANCE
A. Prior to requesting inspection by Engineer, use adequate means to assure that the Work is
completed in accordance with the specified requirements and is ready for the requested
inspection.
1.3 PROCEDURES
' A. Substantial Completion:
Ii. Prepare and submit the list required by the first sentence of Paragraph 14.04 of the
General Conditions.
2. Within a reasonable time after receipt of the list, Engineer will inspect to determine
' status of completion.
3. Should Engineer determine that the Work is not substantially complete:
a. Engineer promptly will so notify Contractor, in writing, giving reasons therefore.
b. Remedy the deficiencies and notify Engineer when ready for reinspection.
c. Engineer will reinspect the Work.
4. When Engineer concurs that the Work is substantially complete:
' a. Engineer will prepare a "Certificate of Substantial Completion", accompanied by
Contractor's list of items to be completed or corrected, as verified by Engineer.
b. Engineer will submit the Certificate to Owner and Contractor for their written
' acceptance of the responsibilities assigned to them in the Certificate.
B. Final Completion:
1. Prepare and submit the notice required by the first sentence of Paragraph 14.06 of the
General Conditions.
2. Verify that the Work is complete including, but not necessarily limited to, the items
' mentioned in Paragraph 14.07.A of the General Conditions.
3. Certify that:
' City of Fayetteville 09/20/02 Page 01700-1
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.
I
I
I
I
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
I
I
I
I
I
I
I
A. Execute final cleaning prior to final inspection.
B. Remove waste and surplus materials, rubbish, and construction facilities from the site.
C. Restore areas disturbed by the Work, as specified in Section 02261.
1.5 ADJUSTING
A. Adjust operating equipment to ensure smooth and unhindered operation.
I
H
City of Fayetteville 09/20/02 Page 01700-2
I
1.6 PROJECT RECORD DOCUMENTS
A. Maintain on site one set of the following record documents; protect from deterioration and from
loss and damage until completion of the Work; record actual revisions to the Work. Do not use
the record documents set for any purpose except entry of new data and for review by Engineer.
1. Contract Drawings.
2. Specifications.
3. Addenda.
4.
Change Orders
and other
Modifications to the Contract.
5.
Reviewed shop
drawings,
product data, and samples.
B. Store Record Documents separate from documents used for construction.
C. Record information concurrent with construction progress. Failure to promptly make notations
on Record Documents will be considered in evaluating requests for progress payments.
1. Using an erasable colored pencil (not ink or indelible pencil), clearly describe the change
by graphic line and note as required.
2. Date all entries.
3. Call attention to the entry by a "cloud" drawn around the area or areas affected.
4. In the event of overlapping changes, use different colors for the overlapping changes.
D. Specifications: Legibly mark and record at each product section description of actual products
installed, including the following.
1. Manufacturer's name and product model and number.
2. Product substitutions or alternates utilized.
3. Changes made by Addenda and Modifications.
E. Record Documents and Shop Drawings: Legibly mark each item to record actual construction
including:
1. Measured horizontal and vertical locations of underground utilities and appurtenances,
referenced to permanent surface improvements.
2. Field changes of dimension and detail.
3. Details not on original Contract Drawings.
F. Submittal, Review, and Approval
1. Submit the completed set of Project Record Documents to Engineer for review.
2. Participate in review meetings as required.
3. Make required changes and promptly deliver the final Project Record Documents to
Engineer.
G. Contractor has no responsibility for recording changes in the Work subsequent to Final
Completion, except for changes resulting from work performed under Warranty.
1.7 OPERATION AND MAINTENANCE DATA
A. Submit three sets prior to final inspection, bound in 8-1/2 x 11 inch text pages, three ring capacity
expansion binders with durable plastic covers.
City of Fayetteville
09/20/02
Page 01700-3
I
B. Prepare binder covers with printed title "OPERATION AND MAINTENANCE
INSTRUCTIONS', title of project, and subject matter of binder when multiple binders are
required.
C. Internally subdivide the binder contents with permanent page dividers, logically organized as
described below, with.tab titling clearly printed under reinforced laminated plastic tabs.
D. Contents: Prepare a Table of Contents for each volume, with each product or system description
identified, type on 30 pound white paper.
E. Part 1: Directory, listing names, addresses, and telephone numbers of Engineer, Contractor,
Subcontractors, and major equipment suppliers.
F. Part 2: Operation and maintenance instructions, arranged by system and subdivided by
specification section. For each category, identify names, addresses, and telephone numbers of
Subcontractors and suppliers. Identify the following.
1. Significant design criteria.
2. list of equipment.
3. Parts list for each component.
4. Operating instructions.
5. Maintenance instructions for equipment and systems.
6. Maintenance instructions for cleaning methods, materials, and special precautions
identifying detrimental agents.
G. Part 3: Project documents and certificates, including the following:
1. Shop Drawings and product data.
2. Certificates.
3. Photocopies of warranties.
H. Submit one copy of completed volumes in final form fifteen (15) days prior to final inspection.
This copy will be returned after final inspection, with Engineer's comments. Revise content of
documents as required prior to final submittal.
I. Submit final volumes revised, within ten (10) days after final inspection.
1.8 WARRANTIES
A. Provide duplicate notarized copies.
B. Execute and assemble documents from Subcontractors, Suppliers, and manufacturers. 1
I
L
r,
G
I
I
U
I
I
7
1
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.
I
I
City of Fayetteville 09/20/02 Page 01700-4
1.9 SPARE PARTS AND MAINTENANCE MATERIALS
A. Provide products, spare parts, maintenance and extra materials in quantities specified in
individual specification Sections.
B. Deliver to Project site and place in location as directed; obtain receipt prior to final payment.
1.10 INSTRUCTION
A. Instruct Owner's personnel in proper operation and maintenance of systems, equipment, and
similar items which were provided as part of the Work.
Part 2- PRODUCTS
Not Used
Part 3- EXECUTION
Not Used
End of Section 01700
City of Fayetteville 09/20/02 Page 01700-5
I
I.
Section 02050
I
' Part 1 -GENERAL
DEMOLITION
1.1 SECTION INCLUDES
A. At all locations where existing pavement is to be removed, neatly saw cut existing pavement full
depth before removing. Edges are to be left neat, vertical, and in a straight line.
B. Remove and dispose existing driving surface to provide for select "hillside" material, base material,
' curb and gutter, select backfill material and/or asphalt pavement, whatever may be applicable as
indicated on the Drawings.
C. Remove and dispose of existing concrete drainage structures, pipes, flumes, inlets, guardrail, chain
' link fence, retaining walls, sidewalks, driveways, and curb & gutter as shown on the Drawings.
Disposal and removal of miscellaneous pipe and other type items in the construction area that are
not specifically paid for under other bid items shall be considered incidental to Excavation.
D. All items that are included in demolition (preparing the site for new construction), which may or
may not be enumerated in this section, and not paid for under a separate item shall be paid for
' under Excavation.
1.2 SEQUENCING AND SCHEDULING
' A. Demolition work may be scheduled to be completed prior to other work to be performed in the
area, but not so far in advance that the general public is inconvenienced any more than is
necessary. Demolition of any item on the AHTD right of way shall be coordinated with AHTD
and the City of Fayetteville Traffic Department.
I
I
I
Part 2- PRODUCTS
Not Used
Part 3- EXECUTION
3.1 EXAMINATION
' A. Verify with Engineer the limits of pavement removal.
I
B. Examine all demolition material. Remove and dispose of in accordance with all local, state, and
federal laws.
3.2 DEMOLITION
' A. Saw cut and remove pavement where indicated on the Drawings. Take care to avoid damage to
adjacent pavement.
I
City of Fayetteville
09/20/02
Page 02050-1
B. Existing base material shall be removed to subgrade and removed from the site. However, the
base material removal shall be paid for under the common excavation pay item not site preparation.
Removed base material shall not be reused as base course at other locations on site.
3.3 CLEANING
A. Clean demolished areas. Restore area per Section 02261, unless other construction is scheduled to
take place in that area.
End of Section 02050
City of Fayetteville 09/20/02 Page 02050-2
1
1
1
1
1
1
i'
1
1
1
1
1
1
1
1
1
1
Section 02100
SITE PREPARATION
Part 1 -
GENERAL
1.1
SECTION INCLUDES
A.
Clearing
B.
Grubbing
C.
Preserved Vegetation
D.
Scalping
E.
Isolated Tree Clearing
F.
Miscellaneous
1.2
RELATED SECTIONS
A.
Measurement and payment for work under this section is specified in Section 01025.
B.
Demolition is specified in Section 02050.
C.
Excavation and embankment are specified in Section 02220.
D.
Roadbed preparation is specified in Section 02230.
1.3
UNIT PRICES
A.
Unit prices for work covered under this section are defined in Section 01025, if any, including
incidentals, related work, method of measurement, and partial payment provisions.
1.4
QUALITY
ASSURANCE
A.
Work under this section shall be performed by workers trained and experienced in this type of work.
B.
Vegetation preservation work shall be accomplished by qualified tree surgeons, landscape architects or
contractors, or horticulturalists.
1.5
SUBMITTALS
A.
If requested, submit evidence of permission to dispose of site preparation debris on private property.
Part 2- PRODUCTS
Not Used.
City of Fayetteville 09/20/02 Page 02100-1
r
I�
Part 3 - EXECUTION ,
3.1 GENERAL ,
A. The limits of construction for the Work shall be prepared for excavation and embankment and road
construction by a combination of clearing & grubbing, vegetation preservation, or any other
miscellaneous item of work needed to prepare the site for construction of other pay items. Each item of
work is considered a separate type of site preparation defined as follows:
1. Clearing - The cutting and removal of all trees, brush, and other objectionable growth, and the 1
removal and disposal of logs, rubbish piles, refuse dumps, sawdust piles, lumbering slash, and
other objectionable matter from the surface of the ground in the areas shown on the plans or
designated by the Engineer.
2. Grubbing - The grubbing and removal of all stumps, roots, and other objectionable matter,
lying wholly or in part below the surface of the ground.
3. Preserved Vegetation - Areas of the right-of-way containing trees and brush that are not to be
disturbed except for trimming above the roadbed or to protect vegetation from nearby
construction.
4. Scalping - Removal and disposal of material such as saplings less than 4 inches in diameter
measured 12 inches above ground, logs, brush, roots, grass, residue of agricultural crops, refuse
dumps, and decayed matter.
5. Isolated Tree Clearing - The cutting, grubbing, and removal of individual, isolated trees and I
stumps greater than 4 inches diameter measured 12 inches above ground, in areas that are
otherwise to be scalped; isolated tree clearing does not apply to areas that are cleared and
grubbed.
6. Miscellaneous - Demolition, removal, relocation, repair, or any item that is temporarily or
permanently in conflict with the proposed items of work. Typically any item that is not
specifically noted as a pay item. It may or may not be indicated on the Drawings. I
3.2 CLEARING & GRUBBING
A. The right-of-way shall be cleared of stumps, brush, logs, rubbish, trees, and shrubs, with the exception ,
of such trees, shrubs, and areas designated on the plans or by the Engineer for preservation. Grubbing
of stumps shall be required regardless of the fill height.
B. Low -hanging, unsound, or unsightly branches shall be removed from trees or shrubs designated to
remain. Branches of trees extending over the roadbed shall be trimmed to give a clear height of 20'
above the roadbed surface. Trimming shall be done by skilled worker and according to good tree
surgery practices.
3.3 PRESERVED VEGETATION '
A. Carefully protect vegetation to remain from abuse, marring, or damage during construction operations.
B. In case of injury to bark, limbs, or roots of vegetation designated to remain, repair such damage by
corrective pruning or other appropriate methods.
C. Remove low -hanging, unsound, or unsightly branches from trees or shrubs designated to remain. Trim
branches of trees extending over the roadbed to give a clear height of 20 feet above roadbed surface.
Accomplish trimming with skilled workers and in accordance with good tree surgery practices.
City of Fayetteville 09/20/02 Page 02100-2
I
[l
D. Parking and servicing equipment under branches of trees designated to remain is not allowed.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
3.4 SCALPING
A. Scalp areas where excavation or embankment is to be made. Store topsoil material.
B. Place suitable topsoil material resulting from scalping operations on finished slopes, adjacent to the area
from which it is obtained, after excavation or embankment operations are complete.
3.5 ISOLATED TREE REMOVAL
A. Cut and clear and grub isolated trees designated for removal and grub stumps from previously cleared
trees as required for clearing and grubbing.
3.6 MISCELLANEOUS
A. Any item not noted under another pay item that may or may not be indicated on the Drawings that needs
to be removed or relocated to prepare the site for other items of work that have been noted as a pay item
will be included in Site Preparation. Examples include but are not limited to; Removing and disposing
of existing pipes, removing and disposing of existing pavement(gravel and asphalt), removing and
disposing of existing concrete, removing and reconstructing any existing structure that may need to be
modified for construction. Relocating mailboxes, fencing, guardrails, signs or any other item that will
require relocation or reconstruction.
3.7 DISPOSAL OF EXCESS MATERIALS
A. Merchantable timber in the site preparation area that has not been removed from right-of-way prior to
the beginning of construction shall become the property of Contractor, unless otherwise provided:
B. Burning is not permitted.
C. Remove from the site materials and debris, and dispose at locations off -site, in accordance with
applicable laws and regulations. If a private disposal site is utilized for disposal, provide evidence when
requested by Owner that the selected disposal site meets applicable laws and regulations for such
disposal.
End of Section 02100
' City of Fayetteville 09/20/02 Page 02100-3
Section 02161
EXCAVATION SAFETY
PART 1- GENERAL
1.1 SECTION INCLUDES
Excavation safety measures, including materials and methods, required by 29 CFR 1926 Subpart P.
1.2 RELATED SECTIONS
01025 Measurement and Payment
01500 Construction Facilities and Temporary Controls
02221 Trenching, Backfilling and Compacting
1.3 REFERENCE STANDARD
29 CFR 1926 Subpart P - Occupational Safety and Health Standards - Excavations
A copy of the Reference Standard follows this page. This is included as a reference only. The Contractor
shall attain his own copy of 29 CFR 1926 Subpart P and be responsible for the interpretation and compliance
with this standard.
PART 2- MATERIALS
Not Used
PART 3- EXECUTION
Not Used
End of Section 02161
City of Fayetteville 09/20/02 Page 02161-1
§1926.606 - : 29 CFR Ch. XVII (7-1-92 Edition) I
• (6) Obstructions shall not be laid on
or across the gangway.
(7) The means of access shall be ade-
quately illuminated for its full length.
. (8) Unless the structure makes it fin-.
possible, the means ,of access shall be
so located that the load will not pass
over employees.
(c) Working surfaces of barges. Cl)
Employees shall not be permitted to
walk along the sides of covered light-
ers or barges with coamings more than
5 feet high, unless there is a 3 -foot
clear walkway, or a grab rail, or a taut
handline is provided.
(2) Decks and other working sur-
faces shall be maintained in a safe
condition.
(3) Employees shall not be permitted
to pass fore. and aft, --over, or around
deckloads, unless there is a safe pas-
sage.
(4) Employees shall not be permitted
to walk over deckloads from rail to
coaming unless there is a safe passage.
If it is necessary to stand at the out-
board or inboard edge of the deckload
where less than 24 inches of bulwark,
rail, coaming, .or other protection
exists, all employees shall be provided
with a suitable means of protection
against falling from the deckload.
(d) First -aid and lifesaving equip-
ment. (1) Provisions for rendering first
aid and medical assistance shall be in
accordance with Subpart D of this
part.
(2) The employer shall ensure that
there is in the vicinity of each barge in
use at least one U.S. Coast Guard -ap-
proved 30 -inch lifering with not less
than 90 feet of line attached, and at
least one portable or permanent
ladder which will reach the top of the
apron to the surface of the water. If
the above equipment is not available
at the pier, the employer shall furnish
it during the time that he is working
the barge.
(3) Employees walking or working on
the unguarded decks of barges shall be
protected with U.S. Coast Guard -ap-
proved work vests or buQyant vests.
(e) Commercial diving operations.
Commercial diving operations shall be
subject to subpart T of part 1910,
§§ 1910.401-1910.441, of this chapter.
139 FR 22801, June 24, 1974, as amended at
42 FR 37674. July 22, 19771
§ 1926.606 Definitions applicable to this
subpart.
(a) Apron —The area along the wa-
terfront edge of the pier or wharf.
(b) Bulwark —The side of a ship
above the upper deck.
(c) Coaming—The raised frame, as
around a hatchway in the deck, to
keep out water.
(d) Jacob's. ladder —A marine ladder
of rope or chain with wooden or metal
rungs. _
(e) Rail, for the purpose of
§ 1926.605, means a light structure
serving as a guard at the outer edge of
a ship's deck. -
Subpart P=Excavations
Aoraoarry: Sec. 107, Contract Worker
Hours and Safety Standards Act (Construc-
tion Safety Act) (40 U.S.C. 333); Secs. 4, 6, 8,
Occupational Safety and Health Act of
1970 (29 U.S.C. 653, 655, 657); Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76
(41•FR 25059), or 9-83 (48 FR 35736), as ap-
plicable, and 29 CFR part 1911.
Souacs: 54 FR 45959, Oct. 31, 1989, unless
otherwise noted.
§ 1926.650 Scope, application, and defini-
tions applicable to this subpart
(a) Scope and application. This sub-
part applies to all open excavations
made in the earth's surface. Excava-
tions are defined to include trenches.
(b) Definitions applicable to this
subpart.
Accepted engineering practices
means those requirements which are
compatible with standards of practice
required by a. registered professional
engineer.
Aluminum Hydraulic Shoring means
a pre-engineered shoring system com-
prised of aluminum hydraulic cylin-
ders (crossbraces) used in conjunction
with vertical rails (uprights) or hori-
zontal rails (walers). Such system is
designed, specifically to support the
sidewalls of an excavation and prevent
cave-ins.
Bell-bottom pier hole means a type
of shaft or footing excavation, the
bottom of which is made larger than
the cross section above to form a
belled shape.
I
I
L
I
I
I
L
.1
I
I
I
I
I
I
I
I
Li
[1
218
IOccupational Safety and Health Admin., Labor
§ 1926.650
[1
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Benching (Benching system) means
a method of protecting employees
from cave-ins by excavating the sides
of an excavation to form one or a
series of horizontal levels or steps,
usually with vertical or near -vertical
surfaces between levels.
Cave-in means the separation of a
mass of soil or rock material from the
side of an excavation, or the loss of
soil from under a trench shield or sup-
port system, and its sudden movement
into the excavation, either by falling
or sliding, in sufficient quantity so
that it could entrap, bury, or other-
wise injure and immobilize a person.
Competent person means one who is
capable of identifying existing and
predictable hazards in the surround-
ings, or working conditions which are
unsanitary, hazardous, or dangerous
to employees, and who has authoriza-
tion to take prompt corrective meas-
ures to eliminate them.
Cross braces mean the horizontal
members of a shoring system installed
perpendicular to the sides of the exca-
vation, the ends of which bear against
either uprights or wales.
Excavation means any man-made
cut, cavity, trench, or depression in an
earth surface, formed by earth remov-
al.
Faces or sides means the vertical or
inclined earth surfaces formed as a
result of excavation work.
Failure means the breakage, dis-
placement, or permanent deformation
of a structural member or connection
so as to reduce its structural integrity
and its supportive capabilities. -
Hazardous atmosphere means an at-
mosphere which by reason of being ex-
plosive, flammable, poisonous, corro-
sive, oxidizing, irritating, oxygen defi-
cient, toxic, or otherwise harmful, may
cause death, illness, or injury.
Kickout means the accidental re-
lease or failure of a cross brace.
Protective system means a method of
protecting employees from cave-ins,
from material that could fall or roll
from an excavation face or into an ex-
cavation, or from the collapse of adja-
cent structures. Protective systems in-
clude support: systems, sloping and
benching systems, shield systems, and
other systems that provide the neces-
sary protection.
Ramp means an inclined walking or
working surface that is used to gain
access to one point from another,and
is constructed from earth or from
structural materials such as steel or,
wood.
Registered Professional Engineer
means a person who is registered as a
professional engineer in the state
where the work is to be performed.
However, a professional engineer, reg-
istered in any state is deemed to be a
"registered professional engineer"
within the meaning of this standard
when approving designs for "manufac-
tured protective systems" or "tabulat-
ed data" to be used in interstate com-
merce.
Sheeting means the members of a
shoring system that retain the earth
in position and in turn are supported
by other members of the shoring
system.
Shield (Shield system) means a
structure that is able to withstand the
forces imposed on it by a cave-in and
thereby protect employees within the
structure. Shields can be permanent
structures or can be designed to be
portable and moved along as work pro-
gresses. Additionally, shields can be
either premanufactured or job -built in
accordance with § 1926.652 (c)(3) or
(c)(4). Shields used in trenches are
usually referred to as "trench boxes"
or "trench shields."
Shoring (Shoring system) means a
structure such as a metal hydraulic,
mechanical or timber shoring system
that supports the sides of an excava-
tion and which is designed to- prevent
cave-ins.
Sides. See "Faces."
• Sloping (Sloping system) means a
method of protecting employees from
cave-ins by excavating to form sides of
an excavation that are inclined away
from the excavation so as to prevent
cave-ins. The angle of incline required
to prevent a cave-in varies with differ-
ences in such factors as the soil type,
environmental conditions of exposure,
and application of surcharge loads.
Stable rock means natural solid min-
eral material that can be excavated
with vertical sides and will remain
intact while exposed. Unstable rock is
considered to be stable when the rock
material on the side or sides of the ex -
I
219
§ 1926.651
cavation is secured against caving -in or
movement by rock bolts or by another
protective system that has been de-
signed by a registered professional en-
gineer.
Structural ramp means a ramp built
of steel or wood, usually used for vehi-
cle access. Ramps made of soil or rock
are not considered structural ramps..
Support system means a structure
such as underpinning, bracing, or
shoring, which provides support to an
adjacent structure,. underground in-
stallation, or the sides of an excava-
tion.
Tabulated data means tables and
charts approved by a registered profes-
sional engineer and used to design and
construct a protective system.
Trench (Trench excavation) means a
narrow excavation (in relation to its
length) made below the surface of the
ground. .In general, the depth is great-
er than the width, but the width of a
trench (measured at the bottom) is
not greater than 15 feet (4.6 m). If
forms or other structures are installed
or constructed in an excavation so as
to reduce the dimension measured
from the forms or structure to the side
of the excavation to 15 feet (4.6 m) or
less (measured at the bottom of the
excavation), the excavation is also con-
sidered to be a trench.
Trench box.. See "Shield."
Trench shield. See "Shield."
Uprights means the vertical mem-
bers of a trench shoring system placed
in contact with the earth and usually
positioned so that individual members
do not contact each other. Uprights
placed so that individual members are
closely spaced, in contact with or
interconnected to each other, are
often called "sheeting."
Wales means horizontal members of
a shoring system placed parallel to the
excavation face whose sides bear
against the vertical members of the
shoring system or earth.
§ 1926.651 General requirements.
(a) Surfaceencumbrances. All sur-
face encumbrances that are located so
as to create a hazard to employees
shall be removed or supported, as nec-
essary, to safeguard employees.
(b) Underground installations. (1)
The estimated location of utility in -
29 CFR Ch. XVII (7_1_92 Edition)
stallations, such as sewer, telephone,
fuel, electric, water lines, or any other
underground installations that reason-
ably may be expected to be encoun-
tered during excavation work, shall be
determined prior to opening an exca-
vation.
(2) Utility companies or owners shall
be contacted within established or cus-
tomary local response times, advised
of the proposed work, and asked to es-
tablish the location of the utility un-
derground installations prior to the
start of actual excavation. When utili-
ty companies or owners cannot re-
spond to a request to locate under-
ground utility installations within 24
hours (unless a longer period is re-
quired by state or local law), or cannot
establish the exact location of these
installations, the employer may pro-
ceed, provided the employer does so
with caution, and provided detection
equipment or other acceptable means
to locate utility installations are used.
(3) When excavation operations ap-
proach the estimated location of un-
derground installations, the exact lo-
cation of the installations shall be de-
termined by safe and acceptable
means.
(4) While the excavation is open, un-
derground installations shall be pro-
tected, supported or removed as neces-
sary to safeguard employees.
(c) Access and egress —(1) Structural
ramps. (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 con-
structed in accordance with the
design.
(ii) Ramps and runways constructed
of two or more structural members
shall have the structural members
:onnected together to prevent dis-
)lacement.
(iii) Structural members used for
amps and runways shall be of un-
arm thickness.
(iv) Cleats or other appropriate
means used to connect runway struc-
tural members shall be attached to the
bottom of the runway or shall be at -
1]
I
I
I
I
I
I
I
I
I
I
I
I
1
I
I
I
220 1
IOccupational Safety and Health Admin., Labor
§ 1926.651
I
I
I
I
I
I
Li
C]
L
I
I
I
I
I
I
I
I
tached in a manner to prevent trip-
ping.
(v) Structural ramps used in lieu of
steps shall be provided with cleats or
other surface treatments on the top
surface to prevent slipping.
(2) Means of egress from trench exca-
vations. A stairway, ladder, ramp or
other safe means of egress shall be lo-
cated in trench excavations that are 4
feet (1.22 m) or more in depth so as to
require no more than 25 feet (7.62 m)
of lateral travel for employees.
(d) Exposure to vehicular traffic.
Employees exposed to public vehicular
traffic shall be . provided with, and
shall wear, warning vests or other suit-
able garments marked with or made of
reflectorized or high -visibility materi-
al- -
(e) Exposure to falling loads. No em-
ployee shall be permitted underneath
loads handled by lifting or digging
equipment. Employees shall be re-
quired to stand away from any vehicle
being loaded or unloaded to avoid
being struck by any spillage or falling
materials. Operators may remain in
the cabs of vehicles being loaded or
unloaded when the vehicles are
equipped, in accordance with
§ 1926.601(b)(6), to provide adequate
protection for the operator during
loading and unloading operations.
(f) Warning system for mobile equip-
ment. When mobile equipment is oper-
ated adjacent to an excavation, or
when such equipment is required to
approach the edge of an excavation,
and the operator does not have a clear
and direct view of the edge of the ex-
cavation, a warning system shall be
utilized such as barricades, hand or
mechanical signals, or stop logs. If pos-
sible, the grade should be away from
the excavation. '
(g) Hazardous atmospheres —(1)
Testing and controls. In addition to
the requirements set forth in subparts
D and E of this part (29 CFR 1926.50-
1926.107) to prevent exposure to
harmful levels of atmospheric con-
taminants and to assure acceptable at-
mospheric conditions, the following re-
quirements shall apply.
(i) Where oxygen deficiency (atmos-
pheres containing less than 19.5 per-
cent oxygen) or a hazardous atmos-
phere exists or could reasonably be ex-
pected to exist, such as in excavations
in landfill areas or excavations in
areas where hazardous substances are
stored nearby, the atmospheres in the
excavation shall be tested before em-
ployees enter excavations greater than
4 feet (1.22 m) in depth.
(ii) Adequate precautions shall be
taken to prevent employee exposure to
atmospheres containing less than 19.5
percent oxygen and other hazardous
atmospheres. These precautions in-
clude providing proper respiratory
protection or ventilation in accordance
with subparts D and E of this part re-
spectively.
(iii) Adequate precaution shall be
taken such as providing ventilation, to
prevent employee exposure to an at-
mosphere containing. a concentration
of a flammable gas in excess of 20 per-
cent of the lower flammable limit of
the gas.
(iv) When controls are used that are
intended to reduce the level of atmos-
pheric contaminants to acceptable
levels, testing shall be conducted as
often as necessary to ensure that the
atmosphere remains safe.
(2) Emergency rescue equipment. (1)
Emergency rescue equipment, such as
breathing apparatus, a safety harness
and line, or a basket stretcher, shall be
readily available where hazardous at-
mospheric conditions exist or may rea-
sonably be expected to develop during
work in an excavation. This equipment
shall be attended when in use.
(ii) Employees entering bell-bottom
pier holes,- or other similar deep and
confined footing excavations, shall
wear a harness with a life -line securely
attached to it. The lifeline shall be
separate from any line used to handle'
materials, and shall be individually at-
tended at all times while the employee
wearing the lifeline is in the excava-
tion.
(h) Protection from hazards associ-
ated with water accumulation. (1) Em-
ployees shall not work in excavations
in which there is accumulated water,
or in excavations in which water is ac-
cumulating, unless adequate precau-
tions have been taken to protect em-
ployees against the hazards posed by
water accumulation. The precautions
necessary to protect employees ade-
quately vary with each situation, but
I
221
§ 1926.651 . . 29 CFR Ch. XV11 7- ( 1-92 Edition)
could include special support or shield
systems to. protect from cave-ins
water removal to control the level of
accumulating. water, or use of a safety
harness and lifeline.
(2) If water is controlled or prevent-
ed from accumulating by the use of
water removal equipment, the water
removal equipment and operations
shall be monitored by a competent
person to ensure proper operation.
(3) If excavation work interrupts the
natural drainage of surface water
(such as streams), diversion ditches,
dikes, or other suitable means shall be
used to prevent surface water from en-
tering the excavation and to provide
adequate drainage of the area adja-
cent to the excavation. Excavations
subject to runoff from heavy rains will
require an inspection by a competent
person and compliance with para-
graphs (h)(1) and (h)(2) of this sec-
tion.
(i) 'Stability of adjacent structures:
(1) Where the stability of adjoining
buildings, walls, or other structures is
endangered by excavation operations,
support systems such as shoring, brac-
ing, or underpinning shall be provided
to ensure the stability of such struc-
tures for the protection of employees.
(2) Excavation below the level of the
base or footing of any foundation or
retaining wall that could be reason-
ably expected to pose a hazard to em-
ployees shall not be permitted except
when:
(i) A support system, such as under-
pinning, is provided to ensure the
safety of employees and the stability
of the structure; or
(ii) The excavation is in stable rock;
or
(iii) A registered . professional engi-
neer has approved the determination
that the structure is sufficently re-
moved from the excavation so as to be
unaffected by the excavation activity;
or
(iv) A registered. professional engi-
neer has approved the determination
that such excavation work will not
pose a hazard to employees.,:
(3) Sidewalks, pavements, and appur-
tenant structure shall not be under-
mined unless a support system or an-
other method of protection is provided
. to protect employees from the possible
collapse of such structures.
(j) Protection of -employees from
loose rock or soil (1) Adequate protec-
tion shall be provided to protect em-
ployees from loose rock or soil that
could pose a hazard by falling or roll-
ing from an excavation face. Such pro-
tection shall consist of scaling to
remove loose. material; installation of
protective barricades at intervals as
necessary on the face to stop and con-
tain falling material or -other means
that provide equivalent protection.
(?).� Employeesshall be protected
from excavated 'or other materials or
equipment that could pose a hazard by
falling or rolling into excavations. Pio-
tection shall be' provided by- placing
and keeping such materials or equip -
merit at least 2 feet (.61 m) from the
edge of excavations, or by the use of
retaining devices that are sufficient to
prevent materials or equipment from
falling or rolling into excavations, or
by a combination of both if necessary.
(k) Inspections. (1) Daily inspections
of excavations, the adjacent areas, and
protective systems shall be made by a
competent person for evidence of a sit-
uation that could result in possible
cave-ins, indications of failure of pro-
tective systems, hazardous atmos-
pheres, or other hazardous conditions.
An inspection shall be conducted by
the competent person prior to the
start of work and as needed through-
out the shift. Inspections shall also be
made after every rainstorm or other
hazard increasing occurrence. These
inspections are only required when
employee exposure can be reasonably
anticipated.
(2) Where the competent person
finds evidence of a situation that could
result in a possible cave-in, indications
of failure of protective systems, haz-
ardous atmospheres, or other hazard-
ous conditions, exposed employees
shall be removed from the hazardous
area until the necessary precautions
have been taken .to ensure their
safety.
(1) Fall protection. (1) Where em-
ployees or equipment are required or
permitted to cross over excavations,
walkways or bridges with standard
guardrails shall be provided.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
222 '
occupational atety and Health Admin., Labor
§ 1926.652
I
I
I
I
I
I
I
I
I
I
I
I
I
I
V�
I
11
I
(2) Adequate barrier physical protec
tion shall be provided at all remotel
located excavations. All wells, pits
shafts, etc., shall be barricaded or coo
ered. Upon completion of exploration
and similar operations, temporary
wells, pits, shafts, etc., shall be back -
filled.
§ 1926.652 Requirements for protective
systems.
(a) Protection of employees in exca
vations. (1) Each employee in an exca
vation shall be protected from cave-in:
by an adequate protective system de•
signed in accordance with paragraph
(b) or (c) of this section except when:
(i) Excavations are made entirely in
stable rock; or
(ii) Excavations are less than 5 feet
(1.52m) in depth and -examination .of
the ground by a competent person
provides no indication of a potential
cave-in.
(2) Protective systems shall have the
capacity to resist without failure all
loads that are intended or could rea-
sonably be expected. to be applied or
transmitted to the system.
(b) Design of sloping and benching
systems.configurations
of sloping and benching systems shall
be selected and constructed by the em-
ployer or his designee and shall be in
accordance with the requirements of
paragraph (b)(1); or, in the alterna-
tive, paragraph (b)(2); or, in the alter-
native, paragraph (b)(3), or, in the al-
ternative, paragraph (b)(4), as follows:
(1) Option (1) —Allowable configura-
tions and slopes. (i) Excavations shall
be sloped at an angle not steeper than
one and one-half horizontal to one
vertical (34 degrees measured from the
horizontal), unless the employer uses
one of the other options listed below.
(ii) Slopes specified in paragraph
(b)(1)(i) of this section, shall be exca-
vated to form configurations. that are
in accordance with the slopes shown
for Type C soil in Appendix B to this
subpart.
(2) Option (2) —Determination of
slopes and configurations using Ap-
pendices A and B. Maximum allowable
slopes, and allowable configurations
for sloping and benching systems,
shall be determined in accordance
with the conditions and requirements
• set forth in appendices A and B to this
Y subpart.
• (3) Option (3) —Designs using other
• tabulated data. (i) Designs of sloping
or benching systems shall be selected
from and be in accordance with tabu-
lated data, such as tables and charts.
(ii) The tabulated data shall be in
written form and shall include all of
the following:
(A) Identification of the parameters
that affect the selection of a sloping
or benching system drawn from such
data;
(B) Identification of the limits of use
of the data, to include the magnitude
and configuration of slopes deter-
mined to be safe;
(C) Explanatory information as may
be necessary to aid the user in making
a correct - selection of a protective
system from the data.
(iii) At least one copy of the tabulat-
ed data which identifies the registered
professional engineer who approved
the data, shall be maintained at the
jobsite during construction of the pro-
tective system. After that time the
data may be stored off the jobsite, but
a copy of the data shall be made avail-
able to the Secretary upon request.
(4) Option (4) —Design by a regis-
tered professional engineer. (i) Sloping
and benching systems not utilizing
Option (1) or Option (2) or Option (3)
under paragraph (b) of this section
shall be approved by a registered pro-
fessional engineer.
(ii) Designs shall be in written form
and shall include at least the follow-
ing:
(A) The magnitude of the slopes
that were determined to. be safe for
the particular. project;
(B) The configurations that were. de-
termined to be safe for the particular
project; and
(C) The identity of the registered
professional engineer approving the
design.
(iii) At least one copy of the design
shall be maintained at the jobsite
while the slope is being constructed.
After that time the design need not be
at the jobsite, but a copy shall be
made available to the Secretary upon
request.
(c) Design of support systems, shield
systems, and other protective systems.
I
223
§ 7926;632
29CXVH(.7-1-92-Editon)
Designs' .of support systems shield sys-
tems, • and .other protective systems
shall be. selected -and constructed by
the'eaiployernnr his designee. and shall
be .in ••accordance with The .require-
ments of:.paragraph (c)(1); or, in the
alternative; paragraph tc)(2); or, in%the
alternatiye,,paragraph (c>(3); or, in .the
alternativeparagraph (c)(4) as fol-
lows:
(1) Option (1) —Designs using appen-
dices A, C and D. Designs for timber
shoring in trenches shall be .deter-
mined in accordance with the condi-
tions and requirements set forth in ap-
pendices A and C to this subpart. De-
signs for aluminum hydraulic shoring
shall be in accordance with paragraph
(c)(2) of this section, but if manufac-
turer's tabulated data cannot be uti-
lized, designs shall be in accordance
with appendix D.
(2) Option (2) —Designs Using Manu-
facturer's Tabulated Data. (i) Design
of support systems, shield systems, or
other protective systems that are
drawn from manufacturer's tabulated
data shall be in accordance with all
specifications, recommendations, and
limitations issued or made by the man-
ufacturer.
(ii) Deviation from the specifica-
tions, recommendations, and limita-
tions issued or made by the manufac-
turer shall only be allowed after the
manufacturer issues specific written
approval.
(iii) Manufacturer's specifications,
recommendations, and limitations, and
manufacturer's approval to deviate -
from the specifications, recommenda-
tions, and limitations shall be in writ-
ten form at the jobsite during con-
struction of the protective system.
After that time this data may be
stored off the jobsite, but a copy shall
be made available. to the Secretary
upon request.
(3) Option (3) —Designs using other
tabulated data. (i) Designs of support
systems, shield systems, or other pro-
tective systems shall be selected from
and be in accordance with tabulated
data, such as tables and charts. t
(ii) The tabulated data shall be in
written form and include all of the fol-
lowing:
(A) Identification of:the..parameters
that affect the .selection of a-protec-
•tivesystemdrawnfromsuch.data; .
(B) Identificationtf the-limits.of.use
of the data;
• (C) Explanatory information as ;may
• bbe-:necessaryto aid.the user yin:ma'king
• -a 'correct selection of ' a 'protective -
system from the data.
'(iii) At least orie copy of::the.tabulat-
ed data, which identifies ,the 'regis
tered professional engineer who ap-
-proved the data, shall be maintained
at the jobsite during construction -of
m. -
the protective systeAfter that time
the data may be stored off the jobsite,
but a copy of the data shall be made
available to the Secretary upon re-
quest. .
(4) Option (4) —Design by a regis-
tered professional engineer. (i) Sup-
port systems, shield systems, and
other protective systems not utilizing
Option 1. Option 2 or Option 3, above,
shall be approved by a registered pro-
fessional engineer.
(ii) Designs shall be in written form
and shall include the following:
(A) A plan indicating the sizes,
types, and configurations of the mate.
rials to be used in the protective
system; and
(B) The identity of the registered
professional engineer approving the
design.
(iii) At least one copy of the design
shall be maintained at the jobsite
during construction of the protective
system. After that time, the design
may be stored off the jobsite, but a
copy of the design shall be made avail-
able to the Secretary upon request.
(d) Materials and equipment (1) Ma-
terials and equipment used for protec-
tive systems shall be free from damage
or defects that might impair their
proper function.
(2) Manufactured materials and
equipment used for protective systems
shall be used and maintained in a
manner that is consistent with the rec-
ommendations of the manufacturer,
and in a manner that will prevent em-
ployee exposure to hazards.
(3) When material or equipment
hat is used for protective systems is daaged, a competent person shall ex-
amine the material or equipment: and
valuate its suitability for continued
I
I
I
I
L.
u
I
I
I
I
I
I
I
I
I
I
I
I
224
Occupational Safety and Health Admin., Labor
Subpt. P, App, A
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
use. .11 the competent person cannot
assure the material or equipment is
able to support the intended loads or
is otherwise suitable for safe use, then
such material or equipment shall be
removed from service, and shall be
evaluated and approved by a regis-
tered professional engineer before
being returned to service.
(e) Installation and removal of sup-
port —(1) General. (i) Members of sup-
port systems shall be securely connect-
ed together to prevent sliding, falling,
kickouts, or other predictable failure.
(ii) Support systems shall be in-
stalled and removed in a manner that
protects employees from cave-ins,
structural collapses, or from being
struck by members of the support
system.
(iii) Individual members of support
systems shall not be subjected to loads
exceeding those which those members
were designed to withstand.
(iv) Before temporary removal of in-
dividual members begins, additional
precautions shall be taken to ensure
the safety of employees, such as. in-
stalling other structural members to
carry the loads imposed on the sup-
port system.
(v) Removal shall begin at, and
progress from, the bottom of the exca-
vation. Members shall be released
slowly so as to note any indication of
possible failure of the remaining mem-
bers of the structure or possible cave-
in of the sides of the excavation.
(vi) Backfilling shall progress to-
gether with the removal of support
systems from excavations. -
(2) Additional requirements for sup-
port systems for trench excavations. (i)
Excavation of material to a level no
greater than 2 feet (.61 m) below the
bottom of the members of a support
system shall be permitted, but only if
the system is designed to resist the
forces calculated for the full depth of
the trench, and there are no indica-
tions while the trench is open of a pos-
sible loss of soil from behind or below
the bottom of the support system.
(ii) Installation of a support system
shall be closely coordinated with the
excavation of trenches.
(f) Sloping and benching systems.
Employees shall not be permitted to
work on the faces of sloped or benched
excavations at levels above other em-
ployees except when employees at the
lower levels are adequately protected
from the hazard of falling, rolling, or
sliding material or equipment.
(g) . Shield systems —(1) General. (i)
Shield systems shall not be subjected
to loads exceeding those which the
system was designed to withstand.
(ii) Shields shall be installed in a
manner to restrict lateral or other
hazardous movement of the shield in.
the event of the application of sudden
lateral loads.
(iii) Employees shall be protected
from the hazard of cave-ins when en-
tering or exiting the areas protected
by shields.
(iv) Employees shall not be allowed
in shields when shields are being in-
stalled, removed, or moved vertically.
(2) Additional requirement for shield
systems used in trench excavations.
Excavations of earth material to a
level not greater than 2 feet (.61 m)
below the bottom of a shield shall be
permitted, but only if the shield is de-
signed to resist the forces calculated
for the full depth of the trench, and
there are no indications while the
trench is open of a possible loss of soil
from behind or below the bottom of
the shield.
APPENDIX A TO SUBPART P -SOIL
CLASSIFICATION
(a) Scope and application —{1) Scope. This
appendix describes a method of classifying
soil and rock deposits based on site and envi-
ronmental conditions, and on the structure
and composition of the earth deposits. The
appendix contains definitions, sets forth re-
quirements, and describes acceptable visual
and manual tests for use in classifying soils.
(2) Application. This appendix applies
when a sloping or benching system is de-
signed in accordance with the requirements
set forth in § 1926.652(b)(2) as a method of
protection for employees from cave-ins.
This appendix also applies when timber
shoring for excavations is designed as a
method of protection from rave -ins in ac-
cordance with appendix C to subpart P of
part 1926, and when aluminum hydraulic
shoring is designed in accordance with ap-
pendix D. This Appendix also applies if
other protective systems are designed and
selected for use from data prepared in ac-
cordance with the requirements set forth in
§ 1926.652(c), and the use of the data is
225
Subpt. P, App. A
29 CFR Ch, XVII (7-1-92 Edition)
predicated. on the use of the soil classifica-
tion system set forth in this appendix. .
(b) Definitions. The definitions and exam-
ples given below are based on, in whole or in
part, the following: American Society for
Testing Materials (ASTM) Standards D653-
85 and D2488; The Unified Soils Classifica-
tion System, The U.S. Department of Agri-
culture (USDA) Textural Classification
Scheme: and The National Bureau of Stand-
ards Report BSS -121.
Cemented soil means a soil in which the
particles are held together by a chemical
agent, such as calcium carbonate, such that
•
a hand -size sample cannot be crushed into
powder or individual soil particles by finger
pressure.
Cohesive soil means clay (fine grained
soil), or soil with a high clay content, which
has cohesive strength. Cohesive soil does
not crumble, can be excavated with vertical
sideslopes, and is plastic when moist. Cohe-
sive soil is hard to break up when dry, and
exhibits significant cohesion when sub-
merged. Cohesive soils include clayey silt,
sandy clay, silty clay, clay and organic clay.
Dry soil means soil that does not exhibit
visible signs of moisture content.
Fissured means a soil material that has a
tendency to break along definite planes of
fracture with little resistance, or a material
that exhibits open cracks, such as tension
cracks. in an exposed surface.
Granular soil means gravel, sand, or silt,
(coarse grained soil) with little or no clay
content. Granular soil has no cohesive
strength. Some moist granular soils exhibit
apparent cohesion. Granular soil cannot be
molded when moist and crumbles easily
when dry.
Layered system means two or more dis-
tinctly different soil or rock types arranged
in layers. Micaceous seams or weakened
planes in rock or shale are considered lay-
ered.
Moist soil means a condition in which a
soil looks and feels damp. Moist cohesive
soil can easily be shaped into a ball and
rolled into small diameter threads before
crumbling. Moist granular soil that contains
some cohesive material will exhibit signs of
cohesion between particles.
Plastic means a property of a soil which
allows the soil to be deformed or molded
without cracking, or appreciable volume
change.
Saturated soil means a soil in which the
voids are filled with water. Saturation does
not require flow. Saturation, or near satura-
tion, is necessary for the proper use of in-
struments such as a pocket penetrometer or
sheer vane.
Soil classification system means, for the
purpose of this subpart, a method of catego-
rizing soil and rock deposits in a hierarchy
of Stable Rock, Type A, Type B, and Type
C. In decreasing order of stability. The cate-
gorles are determined based on an analysis
of the properties and performance charac-
teristics of the deposits and the environ-
mental conditions of exposure.
Stable rock means natural solid mineral.
matter that can be excavated with vertical
sides and remain intact while exposed. '
Submerged soil means soil which Is under-
water or is free seeping.
Type A means cohesive soils with an un-
confined compressive strength of 1.5 ton per
square foot (tsf) (144 kPa) or greater. Exam-
ples of cohesive soils are: clay, silty clay,
sandy clay, clay loam and, in some cases,
silty . clay loam and sandy clay loam. Ce-
mented soils such• as caliche and hardpan
are also considered Type A. However, no soil
is Type A if:
U) The soil is fissured; or
(ii) The soil is subject to vibration from
heavy traffic, pile driving, or similar effects;
or
(iii) The soil has been previously dis-
turbed; or
(iv) The soil is part of a sloped, layered
system where the layers dip into the excava-.
tion on a slope of four horizontal to one ver-
tical (4H:1V) or greater, or
(v) The material is subject to other factors
that would require it to be classified as a
less stable material.
Type B means:
U) Cohesive soil with an unconfined com-
pressive strength greater than 0.5 tsf (48
kPa) but less than 1.5 tsf (144 kPa); or
(ii) Granular cohesionless soils including:
angular gravel (similar to crushed rock), silt,
silt loam, sandy loam and, in some cases,
silty clay loam and sandy clay loam.
(ill) Previously disturbed soils except
those which would otherwise be classed as
Type C soil
(iv) Soil that meets the unconfined com-
pressive strength or cementation require-
ments for Type A, but is fissured or subject
to vibration; or
(v) Dry rock that is not stable; or
(vi) Material that is part of a sloped, lay-
ered system where the layers dip into the
excavation on a slope less steep than four
zorizontal to one vertical (4H:1V), but only
I the material would otherwise be classified
3s Type B.
Type Cmeans:
(i) Cohesive soil with an unconfined com-
)ressive strength of 0.5 tsf (48 kPa) or less;
it
(ii) Granular soils including gravel, sand,
and loamy sand; or
(iii) Submerged soil or soil from which
water is freely seeping; or
(iv) Submerged rock that is not stable, or
(v) Material in a sloped, layered system
where the layers dip into the excavation or
a slope of four horizontal to one vertical
(4H:IV) or steeper.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
[Ti
I
226 '
Occupational Safety and Health Admin., Labor
Subpt. P, App. A
I
I
I
[1
H
I
I
I
[H
LI
J
I
I
I
I
I
Unconfined compressive strength means
the load per unit area at which a soil will
fail in compression. It can be determined by
laboratory testing, or estimated in the field
using a pocket penetrometer, by thumb pen-
etration tests, and other methods.
Wet soil means soil that contains signifi-
cantly more moisture than moist soil, but in
such a range of values that cohesive materi-
al will slump or begin to flow when vibrated.
Granular material that would exhibit cohe-
sive properties when moist will lose those
cohesive properties when wet.
(c) Requirements —(1) Classification of
soil and rock deposits. Each soil and rock
deposit shall be classified by a competent
person as Stable Rock, Type A, Type B, or
Type C in accordance with the definitions
set forth in paragraph (b) of this appendix.
(2) Basis of classification- The classifica-
tion of the deposits shall be made based on
the results of at least one visual and at least.
one manual analysis. Such analyses shall be
conducted by a competent person using
tests described in paragraph (d) below, or in
other recognized methods of soil classifica-
tion and testing such as those adopted by
the America Society for Testing Materials,
or the U.S. Department of Agriculture tex-
tural classification system -
(3) Visual and manual analyses. The
visual and manual analyses, such as those
noted as being acceptable in paragraph (d)
of this appendix, shall be designed and con-
ducted to provide sufficient quantitative
and qualitative information as may be nec-
essary to identify properly the properties,
factors, and conditions affecting the.classifi-
cation of the deposits.
(4) Layered systems. In a layered system,
the system shall be classified in accordance
with its weakest layer. However, each layer
may be classified individually where a more
stable layer lies under a less stable layer.
(5) Reclassification. If, after classifying a
deposit, the properties, factors, or condi-
tions affecting its classification -change in
any way, the changes shall be evaluated by
a competent person. The deposit shall be re-
classified as necessary to reflect the
changed circumstances.
(d) Acceptable visual and manual tests.—
Cl) Visual tests. Visual analysis is conducted
to determine qualitative information regard-
ing the excavation site in general, the soil
adjacent to the excavation, the soil forming
the sides of the open excavation, and the
soil taken as samples from excavated mate-
rial.
(i) Observe samples of soil that are exca-
vated and soil in the sides of the excavation.
Estimate the range of particle sizes and the
relative amounts of the particle sizes. Soil
that is primarily composed of fine-grained
material is cohesive material. Soil composed
primarily of coarse -grained sand or gravel is
granular material.
(ii) Observe soil as it is excavated. Soil
that remains in clumps when excavated is
cohesive. Soil that breaks up easily and does
not stay in clumps is granular.
(iii) Observe the side of the opened exca-
vation and the surface area adjacent to the
excavation. Crack -like openings such as ten-
sion cracks could indicate fissured material.
If chunks of soil spall off a vertical side, the
soil could be fissured. Small spalls are evi-
dence of moving ground and are indications
of potentially hazardous situations.
(iv) Observe the area adjacent to the exca-
vation and the excavation itself for evidence
of existing utility and other underground
structures, and to identify previously dis-
turbed soil.
Cv) Observe the opened side of the excava-
tion to identify layered systems. Examine
layered systems to identify if the layers
slope toward the excavation. Estimate the
degree of slope of the layers.
(vi) Observe the area adjacent to the exca-
vation and the sides of the opened excava-
tion for evidence of surface water, water
seeping from the sides of the excavation, or
the location of the level of the water table.
(vii) Observe the area adjacent to the ex-
cavation and the area within the excavation
for sources of vibration that may affect the
stability of the excavation face.
(2) Manual tests. Manual analysis of soil
samples is conducted to determine quantita-
tive as well as qualitative properties of soil
and to provide more information in order to
classify soil properly.
(I) Plasticity. Mold a moist or wet sample
of soil into a ball and attempt to roll it into
threads as thin as y, -inch in diameter. Cohe-
sive material can be successfully rolled into
threads without crumbling. For example, if
at least a two inch (50 mm) length of ' -inch
thread can be held on one end without tear-
ing, the soil is cohesive.
(ii) Dry strength. If. the soil is dry and
crumbles on its own or with moderate pres-
sure into individual grains or fine powder, it
is granular (any combination of gravel,
sand, or silt). If the soil is dry and falls into
clumps which break up into smaller clumps,
but the smaller clumps can only be broken
up. with difficulty, it may be clay in any
combination with gravel, sand or silt. If the
dry soil breaks into clumps which do not
break up into small clumps and which can
only be broken with difficulty, and there is
no visual indication the soil is fissured, the
soil may be considered unfissured.
(iii) Thumb penetration. The thumb pene-
tration test can be used to estimate the un-
confined compressive strength of cohesive
soils. (This test is based on the thumb pene-
tration test described in American Society
for Testing and Materials (ASTM) Standard
designation D2s88—"Standard Recommend-
ed Practice for Description of Soils (Visual -
I
227
Subpt. P, App. B
29 CFR Ch. XV❑ (7-1-92 Edition) I
Manual Procedure).") Type A soils with an ing protective systems is. to be performed in
unconfined compressive strength of 1.5 tsf accordance with the requirements set forth
can be readily indented by the thumb; how- in § 1926.652(b)(2).
ever, they can be penetrated by the thumb (b) Definitions.
only with very great effort. Type C soils Actual slope means the slope to which an
with an unconfined compressive strength of excavation face is excavated.
0.5 tsf can be easily penetrated several Distress means that the soil is in a condi-
inches by the thumb, and can be molded by tion where a cave-in is imminent or is likely
light finger pressure. This test should be to occur. Distress is evidenced by such phe-
conducted on an undisturbed soil sample, nomena as the development of fissures in
such as a large clump of spoil, as soon as the face of or adjacent to an open excava-
practicable after excavation to keep to a ml- tion; the subsidence of the edge of an exca-
minum the effects of exposure to drying in- vation; the slumping of material from the
fluences. If the excavation is later exposed face or the bulging or heaving of material
to wetting influences (rain, flooding), the from the bottom of an excavation; the spall-
classification of the soil must be changed ac- ing of material from the face of an excava-
cordingly. tion; and ravelling, i.e., small amounts of
(iv) Other strength tests. Estimates of un- material such as pebbles or little clumps of
confined compressive strength of soils can material suddenly separating from the face
also be obtained by use of a pocket pene- of an excavation and trickling or rolling
trometer or by using a hand -operated shear- down into the excavation.
vane. Maximum allowable .slope means the
(v) Drying test The basic purpose of the steepest incline of an excavation face that is
drying test is to differentiate between cohe- acceptable for the most favorable site condi-
sive material with fissures, unfissured cohe- tions as protection against cave-ins, and is
sive material, and granular material. The expressed as the ratio of horizontal distance
procedure for the drying test involves to vertical rise (EV).
drying a sample of soil that is approximate- Short term exposure means a period of
ly one inch thick (2.54 cm) and six inches time less than or equal to 24 hours that an
(15.24 cm) in diameter until it is thoroughly excavation is open.
dry: (c) Requirements-_cl) Soil classification.
(A) If the sample develops cracks as it Soil and rock deposits shall be classified in
dries, significant fissures are indicated, accordance with appendix A to subpart P of
(B) Samples that dry without cracking are part 1926.
to be broken by hand. If considerable force (2) Maximum allowable slope. The maxi -
is necessary to break a sample, the soil has mum allowable slope for a soil or rock de -
significant cohesive material content. The posit shall be determined from Table B-1 of
soil can be classified as a unfissured cohe- this appendix-
sive material and the unconfined compres- (3) Actual slope. (i) The actual slope shall
sive strength should be determined, not be steeper than the maximum allowable
(C) If a sample breaks easily by hand, it is slope.
either a fissured cohesive material or a (ii) The actualslope shall be less steep
granular material. To distinguish between than the maximum allowable slope, when
the two, pulverize the dried clumps of the there are signs of distress. If that situation
sample by hand or by stepping on them. If occurs, the slope shall be cut back to an
the clumps do not pulverize easily, the ma-• actual slope which is at least S4 horizontal
terial is cohesive with fissures. If they pul- to one vertical (%H:1V) less steep than the
verize easily into very small fragments, the maximum allowable slope.
material is granular. (iii) When surcharge loads from stored
material or equipment, operating equip-
ment, or traffic are present, a competent
person shall determine. the degree to which
the actual slope must be reduced below the
maximum allowable slope, and shall assure
that such reduction is achieved. Surcharge
loads from adjacent structures shall be eval-
uated in accordance with § 1926.651(1).
(4) Configurations. Configurations of slop-
ing and benching systems shall be in accord-
ance with Figure B-1.
APPENDIx B TO SUBPART P —SLOPING
AND BENCHING
(a) Scope and application. This -appendix
contains specifications for sloping and
benching when used as methods of protect-
ing employees working in excavations from
cave-ins. The requirements of this appendix
apply when the design of sloping and bench.
I
C1
I
I
I
I
I
I
I
I
I
I
I
I
I
I
228 '
Subpt. P, App. B
vccupanonal Satety and Health Admin., Labor
TABLE 8-1
MAXIMUM ALLOWABLE SLOPES
SOIL OR ROCK TYPE
FIA'?IMUM
ALLOWABLE
SLOPES(H:V)LLl
FOR
EXCAVATIONS LESS
THAN
20 FEET
VERTICAL
(90°)
3/4:1
(53°)
1:1
(451
1h:1
(34°)
NOTES:
1. Numbers shown in parentheses next to -maximum allowable slopes are angles expressed in
degrees from the horizontal. Angles have been rounded off.
' 2. A short-term maximum allowable slooe of 1/2H:1V (63°) is allowed in
excavations in Type A soil that are'
12 feet (3.67 m) or less in depth.
Short-term maximum allowable slopes for excavations greater than 12
' feet (3.67 m) in depth shall be 3/4H:1V (53°).
3. Sloping or benching for excavations greater than 20 feet deep shall be designed by a registered
professional engineer.
Figure B-1
Slope Configurations
(All slopes stated below are in the horizontal to vertical ratio)
B-1.1 Excavations made in Type A soil
1. All simple slope excavation 20 feet or less in depth shall have a maximum allowable
slope of 3',:1.
229
Subpf. P, App. B
29 CFR Ch. XVII (7-1-92 Edition)
20' Max.
3/4
SIMPLE SLOPE -GENERAL
Exception: Simple slope excavations which are open 24 hours or less (short term) and
which are 12 feet or less in depth shall have a maximum allowable slope of ',4:1.
I`
12' Max...
:-:
1/2
SIMPLE SLOPE -SHORT TERM
2. All benched excavations 20 feet or less in depth shall have a maximum allowable slope
of ° to 1 and maximum bench dimensions as follows:
230
vccupanonal batety and Health Admin., Labor
SIMPLE BENCH
Subpt. P, App: B
/
L
20' Max. / 1
S'
Max. // 3/4
' Max. I -/
MULTIPLE BENCH
3. All excavations 8 feet or less in depth which have unsupported vertically sided lower
portions shall have a maximum vertical side of 3Y: feet.
8' Max. 3/L
3½' Max.
UNSUPPORTED VERTICALLY SIDED LOWER PORTION -MAXIMUM 8 FEET IN DEPTH
All excavations more than 8 feet but not more than 12 feet in depth which unsupported
vertically sided lower portions shall have a maximum allowable slope of 1:1 and a maximum
vertical side of 3i4 feet.
231
Subpt. P, App. B
29 CFR Ch. XVII 7_
C 1-92 Edition)
UNSVPPORT}D) VERTICALLY SIDED LOWER PORTION_MAXIMQM 12 FEET IN DEPTH
All excavations 20 feet or less in depth which have vertically sided lower portions that are
supported or shielded shall have a maximum allowable slope of %:1. The support or shield
system must extend at least 18 Inches above the top of the vertical side.
20' Max.
18" Min.
Total height of vertical side
SUPORTED OR SHIELDED VERTICALLY SIDED LOWER PORTION
4. All other simple slope, compound slope, and vertically sided lower portion excavations
shall be in accordance with the other options permitted under § 1926.652(b).
B-1.2 Excavations Made in Type B Soil
1. All simple slope excavations 20 feet or less in depth shall have a maximum allowable
slope of 1:1.
SIMPLE SLOPE
2. Al] benched excavations 20.feet or less in depth shall have a maximum allowable slope
of 1:1 and maximum bench dimensions as follows:
I
I
I
I
.1
I
I
I
I
I
I
I
I
I
I
232
I
Occupational Safety and Health Admin., Labor
Subpt. P, App. B
I
l
This bench allowed in cohesive soil only.
' 20' Max 7._i
1
4' ` / Max.
11
SINGLE BENCH
—� This bench allowed in rnhaci.,e e.:1 -_
•' 20' Max.
I.
I
L
Li
I
MUL IPLE- BENCH
3. All excavations 20 feet.or less in depth which have vertically sided lower portions shall
be shielded or supported to a height at least 18 inches above the top of the vertical side. All
such excavations shall have a maximum allowable slope of 1:1.
Supportor shield system
' 20' Max.
E—\1
8" Min.
Total height of vertical side
1 233
Subpt. P, App. B 29 CFR Ch. XVII (7-1-92 Edition)
VERTICALLY SIDED LOWER PORTION
4. All other sloped excavations shall be in accordance with the other options permitted in
5 1926.652(b).
B-1.3 Excavations Made in Type C Soil
1. All simple slope excavations 20 feet or less in depth shall have a maximum allowable
slope of 154:1.
20' Max.
SIMPLE SLOPE
2. All excavations 20 feet or less in depth which have vertically sided lower portions shall
be shielded or supported to a height at least 18 inches above the top of the vertical side. All
such excavations shall have a maximum allowable slope of 11/2:1.
L18'
Mi .
Total
height
of
vertical
side
234
Occupational Safety and Health Admin., Labor Subpt. P, App. B
VERTICAL SIDED LOWER PORTION
3. All other sloped excavations shall be in accordance with the other options permitted in
4 1926.652(b).
S-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.
I
1
1
1
B OVER A
C OVER A
C OVER d
C 1
C 1�
235
Subpt. P, App. C
29 CFR Ch. XVII (7-1-92 Edition)
A OVER B
I
I
I
I
I
A .
C /ZJ1 1
15
A OVER C
1 H 1
Ii -
B OVER C
2. All other sloped excavations shall be in accordance with the other options permitted in § 1926.652(b).
APPENDIX C TO SUBPART P -TIMBER
SHORING FOR TRENCHES
(a) Scope. This appendix contains infor-
mation that can be used timber shoring is
provided as a method of protection from
cave-ins in trenches that do not exceed 20
feet (6.1 in) in depth. This appendix must be
used when design of timber shoring protec-
tive systems is to be performed in accord-
ance with § 1926.652(c)(1). Other timber
shoring configurations; other systems of
support such as hydraulic and pneumatic
systems; and other protective systems such
as sloping, benching, shielding, and freezing
systems must be designed in accordance
with the requirements set forth in
§ 1926.652(b) and § 1926.652(c).
(b) Soil Classification. In order to use the
data presented in this appendix, the soil
type or types in which the excavation is
made must first be determined using the
soil classification method set forth in appen-
dix A of subpart P of this part.
(c) Presentation of Information. Informa.
tion is presented in several forms as follows:
(1) Information is presented in tabular
form in Tables C-1.1, C-1.2, and C-1.3, and
Tables C-2.1, C-2.2 and C-2.3 following
I
[I
I
Occupationai.Safetyand Health Admin., Labor
Subpt.'P; App. C
I
I
I
I
I
1J
I
I
I
I
I
I
I
I
I
I
11
I1
paragraph (g) of the appendix. Each table
presents'the minimum sizes of timber mem-
:hers to use in a shoring system, -and each
table -contains data onlyfor the .particular
soij..type in which th'e.excavatlonor-portion
of the excavation is made. The data are ar-
ranged to allow the user the flexibility Ito
• select from among several.. acceptable con.
11gi n l ns 'of members based on varying'
the hdrizontal spacing of the 'crossbraces.
Stable rock -Is exempt Trom shoring'require-
meiits 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),Inlormation explaining the use of the
tabular data is presented in paragraph (e) of
this appendix.
(4) Information illustrating the use of the
tabular data is presented in paragraph (f) of
this appendix. -
(5) Miscellaneous notations regarding
Tables C-1.1 through C-1.3 and Tables C-
2.1 through C-2.3 are .presented in para-
graph (g) of this Appendix.
(d) Basis and limitations of the data. —(1)
Dimensions of timber members. (D The sizes
of the timber members listed in Tables C-
1.1 through C-1.3 are taken from the Na-
tional Bureau of Standards (NBS) report,
"Recommended Technical Provisions for
Construction Practice in Shoring and Slop-
ing of Trenches and Excavations." In addi-
tion, where NBS did not recommend specific
sizes of members, member sizes are based on
an analysis of the sizes required for use by
existing codes and on empirical practice.
(ii) The required dimensions of the mem-
bers listed in Tables C-1.1 through C-1.3
refer to actual dimensions and not nominal
dimensions of the timber. Employers want-
ing to use nominal size shoring are directed
to Tables C-2.1 through C-2.3, or have this
choice under § 1926.552(c)(3): and are re-
ferred to The Corps of Engineers, The
Bureau of Reclamation or data from other
acceptable sources.
(2) Limitation of application. (i) It is not
intended that the timber shoring specifica-
tion apply to every situation that may be
experienced in the field. These dita 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.
XA) When loads imposed by structures or
by stored material adjacent to the trench
weigh in excess of the load imposed by a
two -foot, soil •surcharge. The :term "adja-
cent" as used here means the area within a
horizontal distance trom'the.edge of :tlae
-trench equal to the depth of.the trench.
• (B). When vertical loads Imposed_'on cross
braces exceed a 240 -pound gravity doad.dis-
tributed on a one -foot, section of the centGi•
of the crossbrace.
(C) When surcharge loads are present
from equipment weighing in excess of 20,000
pounds.
(D) When only the lower portion of a
trench is shored and the remaining portion
of the trench is sloped or benched unless
The sloped portion is sloped at an angle less
steep than three horizontal to one vertical;
or the members are selected from the tables
for use at a depth which is determined from
the top of the overall trench, and not from
the toe of the sloped portion.
(e) Use of Tables. The members of the
shoring system that are to be selected using
this information are the cross braces, the
uprights, and the wales, where wales are re-
quired. Minimum sizes of members are spec-
ified for use in different types of soil. There
are six tables of information, two for each
soil type. The soil type must first be deter-
mined in accordance with the soil classifica-
tion system described in appendix A to sub-
part P of part 1926. Using the appropriate
table, the selection of the size arid spacing
of the members is then made. The selection
is based on the depth and width of the
trench where the members are to be in-
stalled and, in most instances, the selection
is also based on the horizontal spacing of
the crossbraces. Instances where a choice of
horizontal spacing of crossbracing is avail-
able, the horizontal spacing of the cross -
braces must be chosen by the user before
the size of any member can .be determined
When the soil type, the width and depth of
the trench, and the horizontal spacing of
the crossbraces are known, the size and ver-
tical spacing of the crossbraces, the size and
vertical spacing of the wales, and the size
and horizontal spacing of the uprights can
be read from the appropriate table.
(f) Examples to Illustrate the Use of Tables
C-1.1 through C-1.3.
(1) Example!.
A trench dug in Type A soil is 13 feet deep
and five feet wide.
From Table C-1.1, for acceptable arrange-
ments of timber can be used.
Arrangement #1
Space 4x4 crossbraces at six feet horizon-
tally and four feet vertically.
Wales are not required.
' 237
Subpt. P, App. C
Space 3x8 uprights at six feet horizontal-
ly. This arrangement is commonly called
"skip shoring."
Arrangement #2
Space 4x6 crossbraces at eight feet hori-
zontally and four feet vertically.
Space 8x8 wales at four feet vertically.
Space 2x6 uprights at four feet horizon-
tally.
Arrangement #3
Space 6x6 crossbraces at 10 feet horizon-
tally and four feet vertically.
Space 8x 10 wales at four feet vertically.
Space 2x6 uprights at five feet horizontal-
ly.
Arrangement #4
Space 6x6 crossbraces at 12 feet horizon-
tally and four feet vertically.
Space lOXlo wales at four feet vertically.
Spaces 3X8 uprights at six feet horizon-
tally. -
(2) Example 2.
A trench dug in Type B soil in 13 feet
deep and five feet wide. From Table C-1.2
three acceptable arrangements of members
are listed.
Arrangement #1
Space 6x6 crossbraces at six feet horizon-
tally and five feet vertically.
Space 8x8 wales at five feet vertically.
Space 2x6 uprights at two feet horizontal-
ly.
Arrangement #2
Space 6x8 crossbraces at eight feet hori-
zontally and five feet vertically.
Space lox 10 wales at five feet vertically.
Space 2x6 uprights at two feet horizontal-
ly.
Arrangement #3
Space 8X8 crossbraces at -10 feet horizon-
tally and five feet vertically.
Space 10x 12 wales at five feet vertically.
Space'2X6 uprights at two feet vertically.
(3) Example 3.
A trench dug in Type C soil is 13 feet deep
and five feet wide.
From Table C-1.3 two acceptable arrange-
ments of members can be used.
Arrangement #1
Space 8X8 crossbraces at six feet horizon-
tally and five feet vertically.
Space 10x12 wales at five feet vertically.
Position 2x6 uprights as closely together
as possible.
If water must be retained use special
tongue and groove uprights to form tight
sheeting.
29 CFR Ch. XVI1 (7-1-92 Edition)
Arrangement #2
Space 8xl0 crossbraces at eight feet hori-
zontally and five feet vertically.
Space 12x12 wales at five feet vertically.
Position 2x6 uprights in a close sheeting
configuration unless water pressure must be
resisted. Tight sheeting must be used where
water must be retained.
(4) Example 4.
A trench dug in Type C soil is 20 feet deep
and 11 feet wide. The size and spacing of
members for the section of trench that is
over 15 feet in depth is determined using
Table C-1.3. Only one arrangement of mem-
bers is provided.
Space 8x10 crossbraces at six feet hori-
zontally and five feet vertically.
Space 12x12 wales at five feet vertically.
Use 3x6 tight sheeting.
Use of Tables C-2.1 through C-2.3 would
follow the same procedures.
(g) Notes for all Tables. _
1. Member sizes at spacings other than in-
dicated are to be determined as specified in
§ 1926.652(c), "Design of Protective Sys-
tems."
2. When conditions are saturated or sub-
merged use Tight Sheeting. Tight Sheeting
refers to the use of specially -edged timber
planks (e.g., tongue and groove) at least
three inches thick, steel sheet piling, or
similar construction that when driven or
placed in position provide a tight wall to
resist the lateral pressure of. water and to
prevent the loss of backfill material. Close
Sheeting refers to the placement of planks
side -by -side allowing as little space as possi-
ble between them.
3. All spacing indicated is measured center
to center.
4. Wales to be installed with greater di-
mension horizontal.
5. If the vertical distance from the center
of the lowest crossbrace to the bottom of
the trench exceeds two and one-half feet.
uprights shall be firmly embedded or a
mudsill shall be used. Where uprights are
embedded, the vertical distance from the
center of the lowest crossbrace to the
bottom of the trench shall not exceed 36
inches. When mudsills are used, the vertical
distance shall not exceed 42 inches. Mudsills
are wales that are installed at the toe of the
trench side.
6. Trench jacks may be used in lieu of or
in combination with timber crossbraces.
7. Placement cf crossbraces. When the ver-
tical spacing of crossbraces is four feet,
place the top crossbrace no more than two
feet below the top of the trench. When the
vertical spacing of crossbraces is five feet,
place the top crossbrace no more than 2.5
feet below the top of the trench.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
238
Occupational Safety and Health Admin., Labor
Subpt. P, App. C
N
—
I-
w
aT
W
L
L
U
L
a
N
W
Y
W
Cu
o
r
H
N
r
a
^
=
Cu
1
�
F—
+
W
J
S
0
Q
1
x
C]
Cu
r
C
O
L
N
U
Z
Q
L
W
O
w
C
J
r
r
O
H
^
x
U
Cu
0-
1
N
J
C
'O
Cu
N
Cr
Q
N
r
C
O H
LAJLc
O
W
W L
N
[O
O
O
J
J
N
C.
.
#
Cr
#
XC
b
..
1A
C^La-
Z F
F W
U W
1
1
'
1
W
1
1
C
1
<
C
C
C
dv
1
Q
O
NZ
u-
4-
C
.4...-
C
^
O
C
Li
r r
OOOO
'C
x
OO
x
x
x
X
^
Nv
Z
Z yC
C
Z
C
O
b
O
O
C
^
Z F
F W
c u W
W Q LL
C
C
C
C
<
C
C
C
C
L V
C
N .
o
t0
CO
t0
CO
CO
1O
C
C
C
C
O
r
N
x
x
x
x
x
x
x
x
x
x
1
b
b
b
CO
C
CO
C
b
b
CO
'
C
—s
I-
N
CO
b
CC
CO
CO
CO
C
O
O
C
C
W
C-
X
X
X
X
x
X
X
X
x
W=
CO
CO
CC
U
CO
aJ
to
10
.D
CO
C
C
W
U
S
O
Q
t )
F-•
CO
t0
CO
'.O
.O
CO
1O
.O
O
CO
Z
CT
X
X
>C
X
X
X
X
X
x
X
C
W
O-
C
C
O
C
'O
CO
.O
b
CO
>C
DC
O
C
C
W
C
O
/�
CCC
1O.
C
.O
N
CO
b
CLi
•.
CO
DC
x
x
x
x
x
x
x
x
DC
x
S
C-
C
C
C
C
�p
1O
�O
1O
CI
C
F
O
r
3
C
CCO
CO
C
CO
1O
b
to
CO
C
C
x
x
DC
x
x
x
x
x
DC x
xDC
x
-O-
<
v
c
v
C
CO
e
CO
CO
-
m
r
La)
• CJ �
t
N Z H
O
O
O
O
O
O
O
O
O
O
C
r r W
I-
)-
O
O
1 U W
to
C
C
O
C
O Q L.
O_
d
O-
0_ '.*
O-
C
1
0--
d
_ d V
=
_
_
_
y
O
L -.
W
N
_
O
O
N #
1-LUH
L O Z W
N O O
O O
W O
W W W
H
N
N O O
N
O C L
•--�
�• �+
.r F-N .
O
• --.--
239
Subpf. P, App. C
29 CFR Ch. XVII (7-1-92 Edition)
HI _
N C
F O F .c `p
C w n X
('4
X N
F W 4 N
-2-
•
G m
"
0
a N b 7
N N N
K d N 90
bfl O +1 O
4 x
F w K 6 "'i `O .w >4 6
Z L S U X X 14
0
u n- n 00
E M U 0 w
u J •z o
CU CO
W in N in in in C W
W W 01 U>O.in in in L J.
5 (0%_i L u
N
a w L
O W S Z OJ • 0 0 O N O "N N W L
O. b y .p o o y O X X X X
F r — O o ('4u0
Z
^ a
N • Z F L T
F.+L urn
— r. 4 U W .n W E
U rz-� "<:- N N C
✓ H u
a 1 X c
O w 0
F p c
F U v X x X X X o O O m J
.zr ' v e u o wX m 0 ++ w
—
.00
O ^ C u
_ w •O u C
^ X X X X K C W >c w w
VN . .p .O .O d m m m H
Z c W L J
F G K r .p .O .O .p m O 3-.
V C O `0 .O .O b m C O
v
CO0O .O X X K d o O > W
U a v .O .O �' mX m E
= E
a WE
w
b
v X X X X X it 0 o o � O 0
.O .w b .o m 0 s J
mu
O U
.511.1
NZ!-. O 0 0
cU k H'0 H E•' ^ F O O ^ F F O .-. Z % c
O< f+. O C) .O o y .p .-I N
yC V d d d ..n W u Wu O Wu
N N hZ = 00 (0 # #
Z K
G 4 Z W
C O 0 O 0 O
_ O O in i W O
F v F ... .-r E.. -+ > N
F ry 0
240
Occupational Safety and Health Admin., Labor
Subpt. P, App. C
Z
V N
4. 0
N L
O
J $
F W
Z a1
O N
N
N C
S =w
U 41
- '1J11.
=
O
1
2:N
00
Y r N
X
X
b
no
0.3
Z
A
X
X
b
14
L
C V
N
N
N
H
H
X
O L
C
J
Z •z•..•
m W
W Fr i..,
c
416.+]
U,
inN
41
L
>Nv
h
y1
L L
W
L
1
L
C
N
m r
41
v
$ W
0 U
N Z
O
N
N
N
S
W
w r
N
N
-4_fl
E
d
m
m
O
O
N
•H
•E
N
.N.
C U
—
2
0
H
U
E-1 E_
Z
♦
CU .
e0
1.•
1
N
41Q L
Vl
Vl
N
N
CE
E
m
a
�G
N
Y!
L L
Q
N
:J J
I
X
m-
O
L F
m
O
C
C
C
O
5 1
_U
..
m
_
C
C
p
_.
J
m
m
C
C
O a
O
_
y
C
•
N
E O
U
a c
aCS
V E N
m
O
U
v d
X
X
.-!
v O
m
m
mX
4
o
m
W
V
'4
u
U6
4
a
.-1 J
F
O.
C Z
Z
O
3 c
>
m P
m
m
-
O
O
Ol
F
C L
X
X
m
N E O
`O
m
m
m
C
m
O
.1
i
.+
OIL. O
V
C
(Oi1
U O F
O
0 LL.
m
m
m
m
r
a
x c.
x
x
x
O
C•
m
m
m
m
0
J c
,`C
„
c v
O
V c
m
m
O
O
G u
`
-
m
v
m
C
X
m
X
m
X
�.
Y J
m
Cu
O V
IiIi.0
_
O
O
O
O
F
-J W
M M J �
H
E
O
�.
.-.
O
v J
V LU
�C
m
O V,
'a
m
01
E
$
XC
-. W L
y
`�
01
01
.. O
p.
d
LO
L
v
o v
41
t E
N
L
00
v
o
w"
LU
N
Z N Z
N
N$
N Z
N
Ll
. Z 4
O 41 41
O
O
O
O
-'
N
ON
O
C W
E'
r
r
F
r
..n
F
4I O
> N
241
Subpf. P, App. C
29 CFR Ch. XVII (7-1-92 Edition)
N
H a
Z Cc
bj L1
Zn
W L
•u
N Iw
o
Cu,
• La
•
Y
6' W
41
4. N
4. .-
-4
F W
N
S 6
•
Z N
1
n
o
z Z
4
V
x
H
Own
Z
z d
N
G
U
Z Q
L
v
z F
V
o .]
w
p
H �n
U
z
N 0
x
v
H
^1 .
O
b
x
C O
x
Z
`T
.i v
x
O
N
-
H OE
YI
.O
0
w
x
v
L d
0<
O
r.] Y'
`O
'0
N
x
x
v
u
V
N 41
0
x
x
x
s
U
•n
r
9
c
u
✓
U
°°
O v
oc
6ti
z�
v
v
za
v
v
v
v
v
v
v
XE
Ca
v
v
NZ
U•
u
u
O
M
O V
O P
0
0p
Q
t0
O
N
N
Za
Za
x
x
Za
%
x
m
C
C
(O
0
C
.O
0
%
m
x
`.
X
0
• z
O
F H
z V m
-T
C
CV
v
v
N
v;
C
m
p-
'
x
O
'0
.o
O
'0
x
'0
'a
o
•c
.'0
'0
'0
.xa
.a
'0
c
C
N
-IHo
V'
L H
X
%
.0
.O
.O
.O
.O
.O
C
'0
'0
V
v
x
x
x
x
x
x
x
x
x
p�
N
'0
'O
'O
.O
'O
.O
v^
'0
U
'0
J
0•=o
ZH
x
b
C
'0
.O
.O
'0
.O
.O
u
V
x
C
x
v
v
v
b
x
%
x
%
C
%
C 0
V
J
b
b
N
H
N
O
L
U
O F
C
C
.o
0
.O
= a
x
v
x
x
x
v
'0
'0
x
x
x
x
H O
C
C
v
C
C
o
o
r
3 O
>T
x
V
x
>O
>0
V
.O
V
.O
V
.O
)O
>O
C
a
v
v
x
v
x
x
x
x
x
x
x
x
x
v
v
v
,o
NZH
O
O
O
O O
O
H
H
H
OH
E Z
u
m
O_ n
b
0
O
N
d
l0
O
N fy
>
.Ni
a
a
H
•4•
>
>
>
> >
0r
�y
a
a
L h.
o
Z La
in
_
0
C W
H
y
-.
H
-
-
p0..
NO
j 0
O
242
Occupational Safety and Health Admin., Labor
Subpt. P, App. C
= N
t4 V r
U
v
L
J
H v
m
z
o
F.
O F
v
x
<
x
x
x
^
v
v
v
O of
C
K U vl
v�
m y
vi
v1
vl
Jl
V1
V1
V1
. W
m
.' 6.
Y L
W N
W^
W Y
4.
N
W
�
�
w
W 'C 4.
�
�
✓1
Vf
V1
N
O E
.'.1
2� _
C
� G v
�•
N
_
Q
I X
Q
N L
F
I
m
CO C
%1
O .O
.O
�O
.O
m
m
H
m
m
O
•Oj
H
F O
= L
O
W F
C
F L
Z P
+l L
3 O
L E
F
O
L
X
X
X
X
X
X
m
m
m
w L
m
L
N U
F
U F
1 4
Z W
LlJJLQ
n
OF
OOF..
r0
O
_
O
O
>
.i
-
N
243
Subpt. P, App. C
29 CFR Ch. XVII (7-1-92 Edition)
Fux
v
v
<
x
U
5—-.-.
< L
h
O
N
N
N
r
r
r
x
x
m
O
O
O
N
O
r
Z F
m
m
m
m
S
:lt_
x
x
x
x
x
x
m
m
m
m
m
m
n
O
ti
O
m
m
0
m
r
.O
.O
m
m
m
m
_
x
x
X
x
x
.O
.O
m
'0
(L
m
•r.
N
O
' O
J
d
N
b
x
j
'0
b
b
m
m
C
3
O
K
-XF�x
.O
.O
m
' 11 •-•
O
0
0
0
0
n 2 F
F
F
F
r F
F
r
r
O
F
OF
r H 41
r
r
-
Z
o<
m
o
a C
m
a
s
.o
y
= "
Vu
0i
NJ
y
C L
u
Ia
d
C.
Yl O w
d
N 0
a o
G
N
y
C
>
>
NZ J
NZ
NZ
v O
W O
CI
N
NZ
NZ N
i
-
0
u u
O O
O Y w
F �+ r F r
r F N
> N
>
p
y
244
Occupational.Safety.and .Health Admin., Labor
5uf;pt.2P,:App. D
11
1
I
I
I
I
I
I
I
I
I
I
I
11
Li
APPENDZx'D TO SUBPART P-ALtZMr tom
.HYDRAW.IC,SHORING FOR TRE:NCH£5
:(a) Scope.'This appendix contains. Infor-
mation that -can be used when aluminum
-hydraulic shoring is provided as..a method
of protection �agalmt cave-ins in trenches
that,do pot exceed 20 feet C6.lm) :in aiepth.
• This' appendix crust be used when design of
the alumimun hydraulic protective system
cannot be performed In accordance with
3 1926.652(c)(2). -
(b.) Soil .CZassVication. In order .to use
data presented in this .appendix, the soil
type or types in which the excavation "s
made must first be determined using the
soil classification method set forth in appen-
dix A of subpart P of part 1926.
(c) .Presentation of Information_ Informa-
tion is presented in several forms as follows:
(1) Information is presented in tabular
form in Tables D-1.1, D-1.2, D-1.3 and E-
1.4. Each table presents the maximum verti-
cal and horizontal spacings that may be
used with various aluminum member sizes
and various hydraulic cylinder sizes. Each
table contains data only for the particular
soil type in which the excavation or portion
of the excavation is made. Tables D-1.1 and
D-1.2 are for vertical shores in Types A and
B soil. Tables D-1.3 and DI.4 are for hori-
zontal waler systems in Types B and C soil.
(2) Information concerning the basis of
the tabular data and the limitations of the
data is presented in paragraph (d) of this
appendix.
(3) Information explaining the use of the
tabular data is presented in paragraph (e) of
this appendix.
(4) Information illustrating the use of the
tabular data is presented in paragraph (f) of
this appendix.
(5) Miscellaneous notations (footnotes) re-
garding Table D-1.1 through D-1.4 are pre-
sented in paragraph (g) of this appendix.
(6) Figures, illustrating typical installa-
tions of hydraulic shoring, are included just
prior to the Tables. The illustrations page is
entitled "Aluminum Hydraulic Shoring;
Typical Installations,"
(d) Basis and limitations of the data.
(1) Vertical shore rails and horizontal
wales are those that meet the Section Mod-
ulus requirements in the D-1 Tables. Alumi-
num material is 6061-T6 or material of
equivalent strength and properties.
(2) Hydraulic cylinders specifications. (I)
2 -inch cylinders shall be a minimum 2 -inch
inside diameter with a minmm
iusafe work- t
Ing capacity of no less than 18,000 pounds
axial compressive load at maximum exten-
sion. Maximum extension is to include full c
range of cylinder extensions as recommend- t
ed by product manufaturer. s
(ii) 3 -inch cylinders shall be a minimum 3- t
inch inside diameter with a safe working
S
m
w
paclty of not less than 30,000 pounds axial
.compressive load at-%xtensions' as recom-
mended by product manufacturer:
(3) Limitation of application.
ni':
(1) It is not intended that the alnminu
hydraulic specification apply to every sltua-
tjqn that may be experienced in the field.
These .data wrre. developed: to.'apply'lie.
situations that are :most: Commonly experl-
:.enced in current• trenchingpractibe: Shoring'
systems for use in 'situations that are not
covered by the .data in this appendix must
be 'otherwise designed as specified in
f 192.6.652(c).
(ii). When any a! the following conditions
are present, the members specified in the .
Tables are not considered adequate. In this
case, an alternative aluminum hydraulic
shoring .system or other type of protective
system must be designed in accordance with
§ 1926.652.
(A) When vertical loads imposed on cross
braces exceed a 100 Pound gravity load dis-
tributed on a one foot section of the center
of the hydraulic cylinder,
(B) When surcharge loads are present
from equipment weighing in , excess of
20,000 pounds.
(C) When only the lower portion or a
trench is shored and the remaining portion
of the trench is sloped or benched unless:
The sloped portion is sloped at an angle less
steep than three horizontal to one vertical;
or the members are selected from the tables
for use at a depth which is determined from
the top of the overall trench, and not from
the toe of the sloped portion.
(e) Use of Tables D-1.1, D-1.2, D-1.3 and
D-1.4. The members of the shoring system
ra
that are to be selected using this informa-
tion are the hydraulic cylinders, and either
the vertical shores or the horizontal wales.
When a waler system is used the vertical
timber sheeting to be used is also selected
from these tables. The Tables D-1.1 and D-
1.2 for vertical shores are used in Type A
and B soils that do not require sheeting.
Type B soils that may require sheeting, and
Type C soils that always require sheeting
are found in the horizontal wale Tables, D-
1.3 and D-1.4. The soil type must first be de-
termined in accordance with the soil classifi-
cation system described in appendix A to
P of part 1926. Using the appropri-
ate table, the selection of the size and spac-
rng of the members is made. The selection is
based on the depth and width of the trench
here the members are to be installed. In
hese tables the vertical spacing is held con-
test at four feet on center. The tables
how the maximum horizontal spacing of
ylinders allowed for each size of wale in
hal
e wafer system tables, and in the vertical
bore tables, the hydraulic cylinder horizon -
al spacing is the same as the vertical shore
Pacing.
' 245
Subpt. P, App. D
• (f) Example to Illustrate the Use of the
Tables:
(1) Example 1:
A trench dug in Type A soil is 6 feet deep
and 3 feet wide. From Table D-1.1: Find ver-
tical shores and 2 inch diameter cylinders
spaced 8 feet on center (o.c.) horizontally
and 4 feet on center (o.c.) vertically. (See
Figures 1 & 3 for typical installations.)
(2) Example 2:
A trench is dug in Type B soil that does
not require sheeting, 13 feet deep and 5 feet
wide. From Table D-1.2: Find vertical shores
and 2 inch diameter cylinders spaced 6.5
feet o.c. horizontally and 4 feet o.c. vertical-
ly. (See Figures 1 & 3 for typical installa-
tions.)
(3) A trench is dug in Type B soil that
does not require sheeting, but does experi-
ence some minor raveling of the trench face.
The trench is 16 feet deep and 9 feet wide.
From Table D-1.2: Find vertical shores and
2 inch diameter cylinder (with special overs-
leeves as designated by footnote #2) spaced
5.5 feet o.c. horizontally and 4 feet o.c. verti-
cally, plywood (per footnote (g)(7) to the D-
1 Table) should be used behind the shores.
(See Figures 2 & 3 for typical installations.)
(4) Example 4: A trench is dug in previous-
ly disturbed Type B soil, with characteris-
tics of a Type C soil, and will require sheet-
ing. The trench is 18 feet deep and 12 feet
wide. 8 foot horizontal spacing between cyl-
inders is desired for working space. From
Table D-1.3: Find horizontal wale with a
section modulus of 14.0 spaced at 4 feet o.c.
vertically and 3 inch diameter cylinder
spaced at 9 feet maximum o.c. horizontally.
3x12 timber sheeting is required at close
spacing vertically. (See Figure 4 for typical
installation.)
(5) Example 5: A trench is dug in Type C
soil, 9 feet deep and 4 feet wide. Horizontal
cylinder spacing in excess of 6 feet is desired
for working space. From Table D-1.4: Find
horizontal wale with a section modulus of
7.0 and 2 inch diameter cylinders spaced at
6.5 feet o.c. horizontally. Or, find horizontal
wale with a 14.0 sectionmodulus and 3 inch
diameter cylinder spaced at 10 feet o.c. hori-
zontally. Both wales are spaced 4 feet o.c.
29 CFR Ch. XVII (7-1-92 Edition)
vertically. 3x12 timber sheeting is required
at close spacing vertically. (See Figure 4 for
typical installation.)
(g) •Footnotes, and general notes, for
Tables D-1.1, D-1.2, D-1.3, and D-1.4.
(1) For applications other than those
listed in the tables, refer to § 1926.652(c)(2)
for use of manufacturer's tabulated data.
For trench depths in excess of 20 feet, refer
to § 1926.652(c)(2) and § 1926.652(c)(3).
(2) 2 inch diameter cylinders, at this
width, shall have structural steel tube
(3.5x3.5x0.1875) oversleeves, or structural
oversleeves of manufacturer's specification,
extending the full, collapsed length.
(3) Hydraulic cylinders capacities. (i) 2
inch cylinders shall be a minimum 2 -inch
inside diameter with a safe working capacity
of not less than 18,000 pounds axial com-
pressive load at maximum extension. Maxi-
mum extension is to include full range of
cylinder extensions as recommended by
product manufacturer.
(ii) 3 -inch cylinders shall be a minimum 3 -
inch inside diameter with a safe work capac-
ity of not less than 30,000 pounds axial com-
pressive load at maximum extension. Maxi-
mum extension is to include full range of
cylinder extensions as recommended by
product manufacturer.
(4) All spacing indicated is measured
center to center.
(5) Vertical shoring rails shall have a min-
imum section modulus of 0.40 inch.
(6) When vertical shores are used, there
must be a minimum of three shores spaced
equally, horizontally, in a group.
(7) Plywood shall be 1.125 in, thick
softwood or 0.75 inch. thick, 14 ply, arctic
white birch (Finland form). Please note that
plywood is not intended as a structural
member, but only for prevention of local
raveling (sloughing of the trench face) be-
tween shores.
(8) See appendix C for timber specifica-
tions.
(9) Wales are calculated for simple span
conditions.
(10) See appendix D, item (d), for basis
and limitations of the data.
1
1
1
1
1
I
I
246
Fauuvnu' juiury ano El@aiTn Aamin.a Labor Subpt. P, App.
ALUMINUM HYDRAULIC SHORING
TYPICAL INSTALLATIONS
FIGURE NO. 1
VCRTCAL ALwfl.M FIGURE NO. 2
MYCt AA 3a C VIA TCAL ALWMu
IWT WCJ41 MTONAIACrtSMDNU
IwM .YWOOO)
HORIZONTAL SPA CIMG HORIZONTAL
SPACIRG
/
VERTICAL 4A11'� I I /
\UI�AI:£ls /'k MTDRAULIC
C TLIYDE0.
18' MA%.
I,
VERTICAL � :•n
SPACING c
9
i
On
LY
2' MAX.
VERTICAL
SPACING
(' MAX.
YL 2' MAX.
VERTICAL RAIL Zk
is. MAX.
HYDRAULIC CYLINDER
PLYWOOD
M
'
VERTI
SPACI
M
FIGURE NO. 4
ALU 47a .4 MYCRAtC IwOMMD
WALSA ]nrcM
RVCAU
HORIZONTAL SPACING
IERTICAL RAIL 2' MAX.
HYDRAULIC {/
CYLINDER
VERTICAL
SPACING
t.
UPRICMT
SMEErIMC
HYDRAULIC
CYLINDER
311-112 C-92 - D
247
Subpt. P, App. D
29 CFR Ch. XVII (7-1-92 Edition)
C,
it
O
j
O
L
QZc:�
F�ryO
a
L
a
N
vMzai2i
J
O
wLU
z
-
F �O
F
O
O O
C
N
O•
r F
C
a
F
Z
.
z
a
N _Q
0
}
U
U
C
>•-
V
r
C <
< u c
> N
W
F
O
-
z
<
aZz
F
,UQr
CUJ
ao
00
n .
Q Cti 0.
50"
-
z
-
- U
F
O
a
a
O
oN
O,n
LU LU
HO
w0E-
r r
L1nE-'o
a
q F
L O
a-
O
O
O
r o N
LU
>
oA
E
u
in
Li
O
—.
N
'-
'-
0
-.
-
v
.-
C
v
E
0-
u
0
0
0
C K K
A CC
a O.
I Q
U u
U U
hC"
V V
_U
O O
z z
I
1
Occupational Safety and Health Admin., Labor
Subpt. P, App. D
a
-- ow
xw
w
> r, ¢
o Ca
W m U W v
H KO ZgFW
O oCO
Az
E
o 3 0
z _ �
' o
O Ow v
cxaW n a — - €
z N Q
O c.q =
AQCAE- U C
rr y v q U z F
Q
c _
Q O
z
T
L
E- V u
azz F - - '-S
'n vi '-
XNftU
Q Lv d v U--
-
O H C -
X
= v
n c =
- u u
'n C C
O
u d d
L ¢ Q
x U F a O G O Co ° h
cn
ft WOw u > ^a- >-cc__- >-a,N u
q C O a O a O a > c'^4-4
00
L.zz
249
Subpt. P, App. D ...29 CFR Ch. XVII (7-1-92 Edition) ,
U N '- en en
U y
�U en
o� en
ozy� z Z Z Z Z Z Z z
IiAF a n n n en n n n n en '
j' up
N
- AI Z
z v OO c O
h > i u. m c� ri .c o0 0 vi .6 a u
F
u La 0 h " 3
U Z
W N N N U
z o ZwZ .z _z .c _z z Z� U - Z Z
} Z O J Q NQNv n rl O n n N r n n — >
o u w u8 z z z o
Ln p V EC-' x? O
n U ..7 L h 2 = '
_ Y.
-
¢ x� 3 i z z z z z z z z =
c _C - - - - - - - - _'Vt
I .Ior,
J = : -- C C
z = U'
- - ni r c r. N c - 4
-
U
u —
x
u n c_
< ¢ n
L L z CF'J L'7 C O C O iL
CN
o D oCCIIQD I-
>
0 0 o
o o U
I
I
[Ti
250
I
Occupational Safety and Health Admin., Labor
Subpt. P, App. D
<� een
I i
U y
t4OO N
i x GJ7 N_ N_ N
p2_________
h n n
C C
In" z z z z z z z z z
Oz - - - - - -
F en n n n n n m n n
C.. on
N
yi y. O N a a h c h O Op. Vi
LU O< C O_ Q VI cc n Y .0
> x a ,v, 3
O
z E
o z N W N N N N
Z ..J Z ZE.7 Z Z C
F < N EEQ--N FO n NQ n n NQ n n X n
_ 3 us z z z z o
h y V ri EC- m O c
Q U W Cs, C ri z o 'n o o �n o �n c c
j COo
e b C v vi CO en in %6
aa,F C O xa - .E
W5�
3 z_z z z _ z _ z z z z
ZQ O COQ �O O Q h cc n r. .O U
Z ` U
O J n VI
N� uv�3
3 U Z F z u u
3
0K > h
c c c c
H o o_ E
U 6 C
FLU F LL! �., V OF vi rC.`r.O- C 0H:i
lzl [�L > �L J C a > - r Lit �n .. ..
o ....
C u u =
o
c o U
L. Z Z a
251
Subpt. P, App. E 29. CFR Ch. XVII (7-1-92 Edition)
APPENDIX E TO SUBPART P -ALTERNATIVES TO TIMBER SHORING
18" I'
VERT
SPAC
4' MA
RTICAL RAIL
YDRAULIC CYLINDER
Figure 1. Aluminum Hydraulic Shoring
O
o _
EL IIII
0 0 0 0
Figure 2. Pneumatic/hydraulic Shoring
252
Occupational Safety and Health Admin., Labor
Subpt. P, App. E
Figure 3. Trench Jacks (Screw Jacks)
Figure 4. Trench Shields
253
Subpt. P, App. F ._ 29 CFR Ch. XV11 (7-1-92 Edition)
APPENDIX F TO SUBPART P -SELECTION OF PROTECTIVE SYSTEMS
The following figures are a graphic summary of the requirements contained in subpart P
for excavations 20 feet or less in depth. Protective systems for use in excavations more than
20 feet in depth must be designed by a registered professional engineer in accordance with
4 1926.652 (b) and (c).
Is the excavation more
than 5 feet in depth?
Is there potential
for cave-in?
NO
Sloping
selecte
Excavation may. be
made with
vertical sides.
Excavation must be
sloped, shored, or
shielded.
Shoring
selecte
Is the excavation
entirely in stable rock?
lding
Go to Figure 2 . I Go to Figure 3
FIGURE 1 - PRELIMINARY DECISIONS
a
Occupational Safety and Health Admin., Labor
Subpt. P, App. F
Sloping selected as the
method of protection
Will soil classification
be made in accordance
with 31926.652 (b)?
Excavation must comply with Excavations must comply
one of the following three withi1926.652 (b)(1) which
options: requires a slope of 1½H:1V
(34Cj.
Option 1:
S 1926.652 (b)(2) which
requires Appendices A
and B to be followed
Option 2:
,1926.652 (b)(3) which
requires other tabulated
data (see definition) to
be followed.
Option 3:
£1926.652 (b)(4) which.
requires the excavation
to be designed by a
registered professional
engineer. - _
FIGURE 2. - SLOPING OPTIONS
255
Subpt. P, App. F
„J
29 CFR Ch. XVII (7-t-92 Edition)
Shoring or shielding selected
as the method of protection.
Soil classification is required
when shoring or shielding is
used. The excavation must comply
with one of the, following.four
options:
Option 1
51926.652 (c)(1) which requires
Appendices A and C to be followed
(e.g. timber shoring).
Option 2
§1926.652 (c)(2) which requires
manufacturers data to be followed
(e.g. hydraulic'shoring,trench
jacks, air. shores, shields).
Option 3
51926.652 (c)(3) which requires
tabulated data (see definition)
• to be followed (e.g. any system
as per the tabulated data).
Option 4
,1926.652 (c)(4) which requires
the excavation to be designed
by a registered professional
engineer (e.g. any designed
system).
FIGURE 3 - SHORING AND SHIELDING OPTIONS
256
II
Section 02220
71
I
1
1
1
1
EXCAVATION AND EMBANKMENT
Part 1 - GENERAL
1.1 SECTION INCLUDES
A. Excavation, construction of embankments, and disposal or compaction of all material that is
encountered within the limits of the Work.
B. Earthwork required for construction of pipelines and appurtenances, including excavation, backfilling,
and compaction of backfill above embedment around pipes and appurtenances.
1.2 RELATED SECTIONS
A. Measurement and payment for work under this section is specified in Section 01025.
B. Clearing, grubbing, and scalping are covered in Section 02100 - Site Preparation.
C. Excavation Safety is covered in Section 02161 - Excavation Safety.
D. Roadbed preparation and base course placement are covered in Section 02230 - Granular Base Course.
E. Erosion control procedures are covered in Section 02270 - Erosion Control.
' F. Pipelaying is covered in Section 02600 - Pipe Laying.
1.3 REFERENCES
A. AASHTO T 99, "The Moisture -Density Relations of Soils Using a 5.5 -lb Rammer and a 12 -in. Drop".
B. AASHTO T 180, "The Moisture -Density Relations of Soils Using a.10 -lb Rammer and an 18 -in.
Drop".
C. AASHTO T 191, "Density of Soil In -Place by the Sand -Cone Method".
D. AASHTO T 224, "Correction for Coarse Particles in the Soil Compaction Test".
E. AASHTO T 238, "Density of Soil and Soil -Aggregate In -Place by Nuclear Methods".
1.4 QUALITY ASSURANCE
A. All excavation, embankment, and trenching work shall be accomplished by workers skilled and
experienced in this kind of work. Equipment used shall be of a size and design suitable to accomplish
the construction required.
B. Quality control testing shall conform to the requirements of this section and section 01410.
City of Fayetteville 09/20/02 Page 02220-1
I
1.5 SEQUENCING AND SCHEDULING
A. Sequence and schedule work to avoid double handling of materials. Prepare embankment areas to
receive fill prior to beginning excavation of materials that will be used in embankments, so that the
material can be immediately used to construct embankmehts.
I
Part 2- PRODUCTS
2.1 CLASSES OF EXCAVATION
A. Common Excavation: all excavation not included as rock excavation or excavation not otherwise
classified. Removing of existing asphalt pavement necessary for constructing new pavement
connections is considered demolition.
B. Rock Excavation: igneous, metamorphic, and sedimentary rock that cannot be excavated without I
blasting or the use of rippers, and all boulders or other detached stones each having a volume of cy
or more.
C. Unclassified Excavation: the excavation and disposal of all materials of whatevercharacter
encountered in the work.
D. Unsuitable Excavation: material excavated from cut areas that cannot be utilized on any part of the
project due to the poor qualities of the material and must be hauled off -site, and materials that cannot
be stabilized in place through normal drying and compactive efforts when satisfactory weather and
ground conditions exist.
E. Trench Excavation: is excavation required to construct a trench for utility or storm sewer piping.
Trench excavation is incidental to pipelaying.
Part 3- EXECUTION
3.1 PREPARATION
A. Prepare areas to be excavated or where embankment is to be constructed in accordance with Section
02100.
3.2 EXAMINATION DURING CONSTRUCTION
A. As excavation, embankment, and trenching work proceeds, examine the work area for evidence of
prehistoric people's dwelling sites or artifacts of historical or archeological significance. If any of these
are encountered, suspend construction in the affected area until Owner or Engineer contacts
archeological authorities to determine the disposition thereof.
3.3 GENERAL CONSTRUCTION REQUIREMENTS
A. Excavation and embankments shall be finished to reasonably smooth and uniform surfaces according to ,
the lines, grades, thicknesses and typical cross sections indicated on the Drawings.
B. Do not waste materials unless they are unsuitable for construction of embankments and they exceed the
City of Fayetteville 09/20/02 Page 02220-2
11
I
amount that can be spread on cut or embankment slopes.
11
I
I
I
I
C. Common excavation materials that are surplus to the needs of the project shall- be stockpiled at
locations indicated on the Drawings or as directed by Engineer.
D. Complete site preparation work in accordance with Section 02100 and demolition work in accordance
with Section 02050 prior to beginning excavation and embankment work.
E. Conduct grading operations, as far as practicable, so that the most suitable soil is placed in the top layer
of the embankment. Where both suitable and unsuitable materials are encountered in the same general
excavation area, control grading to keep materials separated.
F. Exercise care and discretion in locating and using haul lanes near trees to be preserved. Haul lanes
near trees shall be approved by Engineer.
3.4 ROADWAY EXCAVATION
A. Excavate cut areas to approximate subgrade elevations to reasonably smooth and uniform surfaces in
accordance with the lines and grades indicated on the Drawings.
1 B. Use suitable materials, so far as practicable, in the formation of embankments, in the subgrade, on
slopes, and at other such places indicated by Engineer.
C. Excavated material to be used in embankments shall be immediately placed in the embankment area so
as to avoid stockpiling and double handling.
ID. Where excavation to the finished grade section results in a subgrade or slopes of unsuitable material,
remove the unsuitable material and backfill with approved material, such as select material "hillside"
for the subgrade or "hillside" or acceptable material from common excavation on the slopes..
iE. Place material unsuitable for embankment construction on slopes, hauled.off site, or other locations
designated by Engineer.
F. Remove rock with suitable rippers and/ or by some mechanical method. Blasting will not be permitted.
' G. Excavate rock to a minimum depth of 12 inches below subgrade elevation, not to exceed a maximum
depth of 18 inches below subgrade elevation within the limits of the roadbed, including sidewalks, and
the excavation backfilled with material designated on the Drawings. Take care that un-drained pockets
shall not be left in the surface of the rock.
H. Remove or stabilize, to the Engineer's satisfaction, rock on the cut face that is loose, hanging, or that
creates a potentially dangerous situation during or upon completion of excavation in each lift. Ripping
of the next lift will not be allowed until this work has been completed.
I. Except in solid rock, trim all slopes to the slopes shown in the cross section drawings, and exercise care
' so that no material shall be loosened below the required slopes. Remove or cut roots, stumps, and
other foreign matter in the sides of ditches or drainage outlets to conform to the slope, grade, and shape
of the section shown.
I.
City of Fayetteville
09/20/02
Page 02220-3
Li
3.5 EMBANKMENT CONSTRUCTION
A. Embankment construction consists of constructing roadway embankments, including preparation of the
areas upon which they are to be placed; construction of dikes within or outside the right-of-way;
placing and compacting approved material within roadway areas where unsuitable material has been
removed; and placing and compacting embankment material in holes, pits, and other depressions
within the roadway area. Use only approved materials in construction of embankments and backfills.
B. Remove sod and vegetable matter from the surface upon which embankment is to be constructed in
accordance with Section 02100. Completely break up cleared surface by plowing, scarifying, or
discing to a minimum depth of 6 inches, and then recompact as specified in Paragraph 3.6.C.
C. Whenever a compacted road surface containing asphalt or granular material lies within 3 feet of the
subgrade, remove the old road surface to a depth of at least that shown on the typical section. Provide
select material "hillside" under the proposed road limits and either "hillside" or acceptable common
excavation (when available) in the slope areas and the areas behind the curb.
D. Place roadway embankment material in parallel layers not exceeding 8 inches, loose measurement, over
the full width of the embankment and compact as specified before the next layer is placed. Use
effective spreading equipment on each lift to obtain uniform thickness prior to compacting. As
compaction of each layer progresses, continuously level and manipulate material to assure uniform
density. Add water or dry, if necessary, in order to obtain the required density. Route compaction
equipment uniformly over the entire surface of each layer.
E. When embankment is to be placed and compacted on hillsides, continuously bench slopes as the work
is brought up in layers. Make benching of sufficient width to permit operations of placing and
compacting equipment. Start each horizontal cut at the intersection of the original ground and the
vertical sides of the previous cuts. Recompact material thus cut out. No additional payment will be
made for this.
F. When excavated material consists predominantly of rock fragments of such size that the material
cannot be placed in layers of the thickness specified, place such material in the embankment in layers
not exceeding in thickness the approximate size of larger rocks, up to 12 inches maximum. Reduce
size of rock or boulders too large to permit placing in 12 inch layers as necessary to permit this
placement. The 12 inches of embankment immediately below finished subgrade maybe placed in one
layer with no rock exceeding 6 inches in its greatest dimension. Construct each layer so that rock voids
are substantially filled with rock fines and earth. Place and manipulate rock in uniform layers with
rock fines or earth distributed throughout the layer. Do not end dump rock over the edges of the layer
being constructed. Deposit rock on the layer being constructed and move the rock ahead so as to
advance the layer with a mixture of rock fines and earth.
G. Casting material directly into place with draglines, cableways, or other similar machines will not be
permitted.
H. Control embankment construction so that partially constructed embankments remain stable at all times.
Replace portions that have become displaced due to carelessness or negligent work; no extra payment
will be made for such embankment repair.
I
I
I
I
I
I
I
I
I
I
I
For those portions of embankments immediately adjacent to structures or which are for other reasons
inaccessible to compaction equipment in use, construct with only suitable material in successive
parallel layers of not more than 6 inches thickness, loose measurement. Uniformly mix each layer and
City of Fayetteville 09/20/02 Page 02220-4 I
I
compact to the requirement of the specific item by the use of mechanical equipment. Hand tamping
' will not be permitted.
J. Construct embanlanents in sections of not less than 200 feet in length, or the full length of the
' embankment if less than 200 feet.
3.6 COMPACTION REQUIREMENTS
' A. Accomplish compaction by any satisfactory method or methods that will achieve the specified density.
' B. Maintain compaction equipment, tools, and machinery in good operating condition.
C. Compact each layer of embankment to 95 percent of maximum density at optimum moisture content
' per AASHTO T 99, Method A with correction for coarse particles retained on. the #4 sieve not to
exceed 10 percent by weight as determined by AASHTO T 224. If 11-30 percent is retained on the #4
sieve, compact to 95 percent of maximum density at optimum moisture content per AASHTO T 99,
Method C using Note 7. Specified density of 90 percent with the same previous conditions is required
'immediately next to wingwalls and similar structures.
D. During compaction, maintain moisture content substantially at optimum throughout each layer.
' Maintain moisture content by adding and thoroughly mixing water or by aeration or other drying
methods, as necessary.
' E. Maintain specified density of embankment layer prior to placing a subsequent layer.
F. Construct embankment to grade over the full width in uniform layers parallel to the finished surface.
' G. Density requirements will not apply to portions of embankment constructed of material so rocky that it
cannot be satisfactorily tested as specified. In such cases, determine extent of compaction effort by
I. rolling based upon the amount of breakage and consolidation that can be accomplished. This can only
be done with the direction of the Engineer.
H. Roadbed Compaction
1. Excavate or fill to subgrade lines and grades indicated on the Drawings.
2. Loosen top 6 inches within full width of roadbed.
' 3. Adjust moisture content to bring substantially to optimum.
4. Compact as specified for embankment.
5. Reshape section as part of compaction effort to conform to typical section.
' 3.7 TRENCH EXCAVATION
A. General
I. Notify property residents 48 hours prior to beginning excavation on property.
2. Protect trees unless designated by Owner or Engineer for removal.
a. Erect protective barricade around trees as approved by Engineer.
' b. Minimize pedestrian and vehicular traffic over root zone of trees to be saved.
c. Use clear distance to tree equal to 1 foot for each 2 inches of tree diameter, measured
4 feet above highest ground surface at base of tree, or 2 feet, whichever is greater.
3. After tree protection barricades are installed, cut and remove unprotected natural growth from
planned location of trench. Dispose of cleared material in compliance with applicable laws
and regulations.
City of Fayetteville 09/20/02 Page 02220-5
I
4. Where the existing ground cover contains grasses such as Bermuda, Zoysia, or other grasses
not included in the prescribed seed mixture: cut, remove, and stockpile existing sod on the job
site. After backfill of trench has settled, the sod shall be replaced to a condition equal to or
better than that prior to construction. In the event that insufficient sod has been stored, or sod
has been lost or destroyed, provide and install new ground cover of the existing type.
5. Excavate with caution so that location of underground conduits and structures can be
determined and protected.
6. Excavate every type of material encountered to the lines and elevations necessary to complete
the project.
7. Relocate surface water before excavating and protect excavated trench from entrance of
surface water.
8. Provide and install bracing and shoring necessary for safety of personnel, protection of work,
and compliance with government agencies.
B. Utilities
1. Call "ARKANSAS ONE CALL" at 1-800-482-8998 two working days before starting
excavation.
2. The location and/or elevation of existing utilities as shown on the Drawings is based on
records of the various utility companies and, where possible, measurements taken in the field.
The information is not to be relied upon as being exact or complete. Call each utility owner at
least 48 hours before any excavation to request exact field location of utilities.
3. Protect utilities encountered during excavation.
4. Do not interrupt service in utilities encountered during excavation without approval of utility
owner.
5. If utilities are damaged or utility service is interrupted by work under this section, utility owner ,
has the first right to repair. If public health or safety is at risk, take appropriate prudent action
to repair damage and service interruption. Costs of utility protection and repair shall be at no
additional cost to Owner.
6. If existing utilities are found to interfere with the permanent facility being constructed, notify
Engineer for resolution.
7. Do not proceed with permanent relocation of encountered utilities without written instructions
from Engineer.
C. Trench Depth
1. Excavate to the elevation necessary to provide the depth of bedding material under the barrel
of the pipe, noted on the Drawings or in these specifications.
2. Backfill over -excavation up to 2 feet with bedding material in 6 inch layers, and tamp to
achieve a bearing capacity equal to the adjacent undisturbed earth. Over -excavation greater
than 2 feet will require excavation operations to stop until an engineered backfill is
determined.
D. Trench Width: Excavate to a width ample to permit pipejointing, bedding placement, and compaction
as specified. Specified width dimensions must be maintained from trench bottom to an elevation 12
inches above barrel of pipe.
E. Trench Length: Excavate to a maximum distance of 75 feet from the pipejointing operation. Longer
distances will be considered by Engineer when conditions warrant.
F. When rock is encountered, excavate to an elevation 9 inches below the pipe installation depth.
City of Fayetteville 09/20/02 Page 02220-6
I
I
G. Excavation In Unstable Soil: Where the planned bottom of trench is found to be unstable, in the
judgement of Engineer, excavation shall stop until an engineered subgrade stabilization is determined.
In general, excavation depth shall increase a minimum of 12 inches.
• H. Excavation In Wet Conditions
1. Where the planned bottom of trench contains water or the trench bottom is soft from excess
water, excavation depth shall increase a minimum of 6 inches.
I. 2. Remove water to an elevation below bottom edge of pipe joint or structure base.
3. - Trench dewatenng system shall discharge to natural drainage channel or storm sewer. Obtain
permit for this discharge if required.
L Excavation At Unforseen Structure
1. Preserve unforseen structures encountered in excavation.
2. Advise Engineer when unforseen structure interferes with planned work. Engineer will
determine if plan will change or if structure will be abandoned and removed.
J. Unauthorized Excavation
1. Unauthorized excavation is removal of materials beyond specified elevations or dimensions,
undertaken by Contractor without prior authorization by Engineer.
2. Unauthorized excavation and the hauling and placement of any fill material to create proper
' trench conditions will not result in extra payments to Contractor.
K. Unsuitable and Excess Excavated Material: Dispose of excavated material not suitable for backfill
Iand excess excavated material in compliance with applicable laws and regulations.
L. Piping in embankment areas shall not be installed on top of the ground and then backfilled around the
I. pipe. Instead, construct embankment to a minimum of 12 inches above the top of the pipe, and then a
trench excavated in the compacted embankment.
' 3.8 TRENCH BACKFILLING AND COMPACTION
A. Backfilling shall closely follow pipe laying and shall be to within 5 feet of the end of the last pipe at the
end of workday.
' B. Backfill around the pipe @ipe embedment) is specified section 02600.
C. Backfill where ground surface is not graveled or paved for vehicle or pedestrian use.
1. Initial backfill, for the 2 foot distance above pipe embedment shall be free of rock, organic
material, man made debris, or frozen lumps with a dimension greater than 3 inches measured
in any direction.
2. Backfill for the remainder of trench shall be free of rock, organic material, or man made debris
' with a maximum dimension of 6 inches measured in any direction.
3. Backfill above pipe embedment shall be mechanically compacted to a density at least equal to
adjacent ground. Backfill trench settlement until Engineer determines additional backfill is
' not required.
D. Where ground surface is graveled for vehicle use or paved for pedestrian use only, backfill shall be as
specified in Paragraph 3.6.C except that all backfill above pipe embedment shall be placed in 8 inch
layers loose measurement and compacted to 90 percent of standard proctor density.
ICity of Fayetteville 09/20/02 Page 02220-7
E. Where ground surface is paved for vehicle use, provide aggregate base course material as indicated on
the Drawings, as approved by Engineer, above pipe embedment in 8 inch layers loose measurement
and compact as specified in Paragraph 3.6.C. I
F. Backfill unstable trench bottom with AHED Class 7 crushed aggregate, compacted to 95 percent of
maximum proctor density, to bottom elevation of pipe embedment. 1
G. Backfill wet condition trench bottom with crushed coarse aggregate that is typically used for concrete
rock. It shall be reasonably well graded from coarse to fine and shall conform to the following grading
requirements when tested in accordance with AASHTO T 27:
Sieve Percent Passing
1-1/4" 100
3/4" 35-75
3/8" 10-30
#4 0-5
3.9 FIELD QUALITY CONTROL ,
A. Take in place density measurements as required to assure that compaction efforts are achieving the ,
specified density. Determine in -place density by AASHTO T 191 or T 238.
3.10 ADJUSTING
A. Make adjustments to finished grade to leave the right-of-way and grading easements in a neat and
presentable condition at the completion of the grading work.
3.11 STRUCTURAL or SUBGRADE FILL (Select Fill Material) I
A. . Native or imported material free from roots, organic matter, trash, debris, with maximum particle size
of 4 inches after compaction. No warranty, expressed or implied, is made concerning the availability
of sufficient quantities of satisfactory subgrade fill from the excavations made. Therefore, the
Contractor shall provide imported material of acceptable quality, if required, to accomplish the
construction. Acquiring, transporting, and placement of acceptable imported material shall be the
responsible of the Contractor and shall be paid under the appropriate pay item. A minimum of twelve
inches of select material (GC) shall be provided under the pavement. This material shall be what is
meeting GC classification with a plastic index less than 30. All structure and subgrade fill shall be
provided and compacted as required by these specifications.
B. The pay item for this select material is Compacted Embankment Subgrade Fill (Select Hillside
Material).
End of Section 02220 '
H
I
City of Fayetteville 09/20/02 Page 02220-8 I
I
Section 02230
ROAD BED PREPARATION
I
I
I
I
I
Part 1- GENERAL
1.1 SECTION INCLUDES
A. Preparing the subgrade of the roadbed and/or sidewalk to receive the Class 7 aggregate base course
and/or the concrete pavement.
B. Furnishing and installing the aggregate base course on top of the prepared subgrade. Furnishing and
installing the concrete sidewalk on top of the prepared subgrade.
C. Furnishing and installing of granular material to fill over -excavations or to replace removed unsuitable
material.
1.2 RELATED SECTIONS
' A. Site preparation is covered under Section 02100.
B. Excavation and embankment are specified in Section 02220.
I
1J
I]
I
.1
I
I
C. Concrete paving is specified in Section 02520.
D. Miscellaneous Concrete Work is specified in Section 03316.
1.3 UNIT PRICES
Unit prices for work covered under this section are defined in Section 01025, including incidentals, related
work, method of measurement, if any, and partial payment provisions.
1.4 REFERENCES
A. AHTD "Standard Specifications for Highway Construction", 1996 Edition.
B. AASHTO
1. T 96, "Resistance to Abrasion of Small Size Coarse Aggregate by Us of the Los Angeles
Machine".
2. T 99, "The Moisture -Density Relations of Soils Using a 5.5 -lb Rammer and a 12 -in. Drop".
3. T 180, "The Moisture -Density Relations of Soils Using a l0 -lb Rammer and an 18 -in. Drop".
4. T 191, "Density of Soil In -Place by the Sand -Cone Method".
5. T 224, "Correction for Coarse Particles in the Soil Compaction Test".
6. T 238, "Density of Soil and Soil -Aggregate In -Place by Nuclear Methods".
1.5 SUBMITTALS
A. Submit data concerning source and quality of granular materials being furnished. Indicate frequency of
quality control testing by the source supplier.
' City of Fayetteville 09/20/02 Page 02230-1
I
1.6 QUALITY ASSURANCE
A. Work under this section shall be accomplished by workers skilled and experienced in this kind of work, I
using equipment designed for this kind of work. Maintain equipment in good operating condition.
1.7 DELIVERY, STORAGE, AND HANDLING ,
A. Granular base material shall be delivered in trucks from the source and directly placed in the location
required for construction, with no intermediate storage or stockpiling required, as far as practical. ,
B. Delivery of materials to be paid for by weight or volumes measured in haul trucks shall include a truck
ticket delivered to Engineer.
Part 2 -PRODUCTS
'
2.1 GRANULAR BASE COURSE MATERIALS
A. Aggregate. base course shall be crushed stone so proportioned as to meet the requirements for Class 7
material as specified in Table 1.
B. Granular material for over -excavation areas shall be either crushed stone and/or gravel so proportioned
to meet the requirements for either Class 1, Class 2, or Class 7 material as specified in Table 1.
C. Percent of wear for Class 7 material, measured by AASHTO T 96, shall not be greater than 45. 1
D. When it is necessary to blend two or more materials, each material shall be proportioned separately
through mechanical feeders to ensure uniform production. Premixing or blending to avoid separate
feeding will not be permitted. Blending materials on the roadway in order to obtain a mixture that will
comply with the requirements specified will not be permitted.
E. Shale and slate are not considered to be gravel or stone. Material famished shall be reasonably free ,
from shale, slate, and other objectionable, deleterious, or injurious matter.
F. For Class I and Class 2 material, the fraction passing the #200 sieve shall not be greater than 3/4 of the
fraction passing the #40 sieve. For Class 7 material, the fraction passing the #200 sieve shall have a
liquid limit not greater than 25.
G. When the material contains aggregate larger than that specified for the class required, it must be
removed by screening or by screening and crushing. Removal of large size aggregate by hand methods
will not be permitted.
I
I
I
City of Fayetteville 09/20/02 Page 02230-2 '
I
1
•1
I
I
.1
I
I
I
I
I
I
Table 1
Classes of Granular Material
Grading and Crushing• Requirements
SIEVE
Class I
Class 2
Class 7
Percent Passing
3 inch
100
100
2 inch
95-100
95-100
1 % inch
100
3/4 inch
60-100
60-100
50-90
3/8 inch
40-80
40-80
#4
30-60
30-60
25-55
#10
20-50
20-50
#40
10-35
10-35
10-30
#200
3-15
3-15
3-10
Max Plasticity
Index (minus
#40 material)
13
10
6
Min percent
crusher -run
material
90
2.2 SOURCE QUALITY CONTROL
A. Granular materials for aggregate base course and filling over -excavation areas shall be obtained from a
quarry permanently established to furnish the materials specified, having a standard quality control and
testing procedure in place.
B. If requested, provide reports of standard quality control tests for the types of materials being furnished,
such reports to include gradation of the completed mixture, Los Angeles hardness, plasticity index, and
liquid limit.
IC. If requested by Engineer or Owner, provide source quality control testing of the actual material being
furnished. Such tests will be requested if material as delivered on site does not appear to match the
specifications, or if the compacted material does not seem to compact as specified. Such tests will
1 include any which measure the properties specified, and will be required for every 1,000 tons of
granular material.
[Ti
I
City of Fayetteville 09/20/02 Page 02230-3
I
I
Part 3- EXECUTION
3.1 EXAMINATION
A. Examine excavation and embankment work for accuracy and adequacy of construction prior to starting
subgrade construction.
3.2 SUBGRADE CONSTRUCTION
I
Cl
A. Prepare subgrade in such a manner as to ensure that the base, surface course, sidewalk or pavement will
be placed on a firm foundation that is stable and reasonably free from dust pockets, wheel ruts, or other
defects.
B. Excavate material to a depth as specified on the construction plans. Proof -roll the in -situ material and I
remove all unstable material to a depth as determined the project engineer.
C. Compact each 8 inches of subgrade lift to a density of not less than 95 percent of maximum density at
optimum moisture content obtained by AASHTO T 99, Method A with correction for particles retained
on the #4 sieve at 10 percent maximum; AASHTO T 99, Method C using Note 7 with 11-30 percent
retained on the #4 sieve; or AASHTO T 180, Method D using Note 8 with 31 percent minimum
retained on the #4 sieve. Correction for coarse particles shall be determined according to AASHTO T
224. The moisture content shall be determined by AASHTO T 239 or AHTD Test Method 347 of 348.
D. Accomplish compaction by any satisfactory methods that will obtain.the required density.
E. Adjust moisture content by the addition of water or by manipulation and aeration as necessary under
conditions encountered.
F. Compaction operations may be omitted when an old stone or gravel roadbed is used as a foundation or
subgrade for a base course or pavement where scarifying for shaping is unnecessary and its stability is
approved by Engineer.
G. Remove soft and yielding materials and other portions of the subgrade that will not compact readily
when rolled or tamped. Fill holes or depressions made by this removal with approved material. Bring
the entire subgrade to the lines, grade, and cross sections indicated on the Drawings. Compact to
specified density.
H. If the succeeding course is not placed immediately after subgrade has been prepared and subgrade
becomes cut up, rough, or unstable, re -shape and recompact subgrade as previously specified.
I. Proof roll subgrade prepared for road, curb and gutter, and sidewalks, prior to placement of base course
or concrete. Proof rolling vehicle shall be either a roller or loaded truck or scrapers, of sufficient weight
to identify soft and yielding portions of compacted surface. Proof rolling pattern shall be approved by
Engineer.
I
Li]
11
I
I
I
I
I
I
I
City of Fayetteville 09/20/02 Page 02230-4
H
11
3.3 AGGREGATE BASE COURSE CONSTRUCTION
A. Place base course material on completed and approved subgrade or existing base that has been bladed to
_ substantially conform to the grade and cross sections indicated on the Drawings.
' B. Subgrade shall be free from excess or deficiency of moisture at the time of placing base course material.
There shall be no standing water on subgrade. Do not place base course material on frozen subgrade.
IC. Place aggregate on subgrade or other base course material and spread uniformly to such depth and lines
that when compacted it will have the thickness, width, and cross section indicated on the Drawings. If
specified compacted depth of base course exceeds 7 inches, construct base in two or more layers of
approximately equal thickness.
I D. Thoroughly mix each base course layer for the full depth of the course and compact by any satisfactory
method that will. produce specified density. Maintain aggregate substantially at optimum moisture
content during mixing, spreading, and compacting operations. Add water or aerate to dry as necessary.
Maintain specific grade and cross section by blading throughout compaction operation.
E. Compact material in each layer to a density of not less than 98 percent of maximum density unless noted
otherwise on the Drawings at optimum moisture content in accordance with AASHTO T 180, Method
D. Compact aggregate across full width of application.
F. Spread base course material the same day that it is hauled. Perform spreading in such a manner that no
segregation of coarse and fine particles nor nests or hard areas caused by dumping aggregate on
subgrade will exist. Take care to prevent mixing of subgrade with base course material in blading and
spreading.
' G. When base course is placed adjacent to an existing or newly constructed asphalt surface course do not
dump or mix aggregate on the pavement surface. Use mechanical spreading equipment, if necessary, to
Iplace base course on subgrade.
H. If sufficient working space is not available to allow proper aeration or addition of water to base course
material, mix the base course material by any satisfactory method prior to placement.
I. Maintain base course in a satisfactory condition until accepted.
I3.4 FIELD QUALITY CONTROL
A. Owner will employ a testing laboratory to test the density of the base course in place and for thickness,
at intervals determined by Engineer. Density testing will be by AASHTO T 191 or T 238. Correct any
deficiencies by scarifying, placing additional material, mixing, reshaping and recompacting as necessary
to obtain the specified density and the required lines, grades, and cross sections.
I
I
End of Section 02230
I
City of Fayetteville
09/20/02
Page 02230-5
I
' Part 1 -GENERAL
1.1 SCOPE
I
I
Section 02261
SITE RESTORATION
A. This section includes restoration of areas disturbed by this project. "Disturbed by this project" is
defined as the excavation area plus any area in project vicinity disturbed by Contractor's
operations, including operations of Subcontractors and suppliers, and utility owner operations
necessary to complete this project.
' B. Work areas shall be kept clean and neat as practicable. Lawns, gardens, and vehicle and
pedestrian crossings shall have excess quantities of supplies, excavated material, man made
debris, and organic matter removed from the area immediately following construction.
C. All property improvements shall be restored in kind or as nearly as practicable as determined by
Engineer.
' 1.2 RELATED WORK
I
I
I
I
H
I
I
I
Trenching, Backfilling and Compacting is specified in Section 02220.
13 QUALITY ASSURANCE
Adequate equipment and qualified personnel shall be applied to this phase of the work from the very
beginning of the project.
Part 2- PRODUCTS
3.1 TOPSOIL
A. Topsoil shall be placed on disturbed areas equal to the better material on each side of the
disturbed area.
3.2 FERTILIZER
A. Fertilizer shall be 10-20-10 (nitrogen -phosphorous -potash) delivered to the site in labeled
containers conforming to Arkansas fertilizer laws and bearing the name and warranty of the
producer.
33 SEED
A. Seed mixture per Class of Restoration
1. Class 1 Restoration seed mixture shall be 40 percent Lawn Fescue, 30 percent Rye Grass
(annual), and 30 percent Blue Grass.
I
City of Fayetteville
09/20/02
Page 02261-1
LI
11
2. Class 2 Restoration seed mixture shall be 40 percent Field Fescue, 40 percent Rye Grass
(annual), and 20 percent White Clover (common).
3. Class 3 Restoration seed mixture shall be -40 percent Tall Fescue (Kentucky 31), 40
percent Rye Grass (annual), and 20 percent White Clover (common).
B. Seed shall be labeled according to current requirements of the Arkansas State Plant Board.
C. Seed shall be 95 percent pure and 85 percent germination by weight. 50 noxious weed seeds shall
be the maximum amount allowed per pound. The following types of seed are not allowed in any
amount: Johnson grass, wild onion, wild garlic; field bindweed, or nut grass.
D. Fescue seed shall be certified endophyte free.
3.4 SOD
A. Sod shall consist of a densely rooted growth of. Bermuda grass, Zoysia, etc. and shall be
substantially free from noxious weeds and undesirable grasses. The sod shall be cut in uniform
strips with a minimum of 2 inches of root depth approximately 12 inches in width and not less
than 12 inches in length but not longer than can be conveniently handled and transported.
B. Sod for replacement of disturbed sodded areas shall be approved by Engineer before cutting.
3.5 STRAW MULCH
1
I
I
1J
I
I
I
1
A. Straw mulch shall be good grade clean straw, free of weeds or seed, and of a quality approved by
Engineer prior to use.
3.6 WATER ,
A.. Water shall be of irrigation quality, free of impurities which are detrimental to plant growth.
1
Part 3 -EXECUTION
3.1 RESTORATION WHERE GROUND SURFACE IS NOT GRAVELED OR PAVED FOR VEHICLE OR '
PEDESTRIAN USE.
A. Class 1 Restoration - Areas of construction within lawns, gardens, or other well -kept areas, ,
including street rights -of -way that are kept as lawns by adjacent landowners.
1. After trench settlement is complete, replace topsoil to same depth as adjacent ,
undisturbed areas.
2. Trim and remove all damaged limbs on trees, trim limbs of shrubs or, if necessary, cut '
damaged shrub just below ground surface.
3. Hand rake disturbed area to remove all rocks'/2 inch or larger measured in any direction, ,
City of Fayetteville 09/20/02 Page 02261-2
organic material.
After raked area is accepted by Engineer for seeding,
a. apply 250 pounds of fertilizer per acre.
b. apply 0.50 pounds of seed per 100 square feet.
c. apply 4,000 pounds of mulch per acre.
Apply straw mulch using a non -asphalt tackifier. Apply tackifier to straw in sufficient
quantity to bind mulch together. Top spraying of straw with asphalt is not acceptable.
As an alternate method of seeding, seed may be applied by hydro mulching. The seed
shall be mixed with water and wood cellulose fiber. The wood cellulose fiber shall be
composed of natural wood chips and shall contain no growth of germination inhibiting
factors and shall contain a water soluble, nontoxic coloring agent.
Other alternate methods will be considered by Engineer but shall not be utilized until
expressly authorized by Owner and Engineer.
Where ground cover adjacent to disturbed areas contains grasses such as Bermuda grass,
Zoysia, or other grasses not included in the prescribed seed mixture, Contractor shall
remove and stockpile the existing sod on the job site. After trench settlement is
complete, the sod shall be replaced to a condition equal to, or better than, that prior to
construction. In the event that insufficient sod has been stored, or sod has been lost or
destroyed, the Contractor shall be responsible for providing and installing new ground
cover of the existing type.
Class 2 Restoration - Areas of construction within fields, meadows, and street rights -of -way which
are mowed or cultivated (gardens excepted).
Tree and shrub treatment shall be as specified in Section 3.1.A.2.
After trench settlement is complete, machine rake to remove rock, man made debris, and
organic material to a condition equal to existing surface on the better side of the adjacent
Remove all excess excavated material from the site, including excess material which has
accumulated around fence posts, trees, mailboxes, etc. All areas which have been
disturbed, such as that caused by equipment tracks, shall be carefully backfilled and
repaired as though it were a part of the actual trench excavation.
After raked area is accepted by Engineer for seeding,
a. apply 250 pounds of fertilizer per acre.
b. apply 0.15 pounds of seed per 100 square feet.
c. apply 4,000 pounds of mulch per acre.
Mulching and seeding methods shall be as specified in Section 3.1.A.
City of Fayetteville 09/20/02 Page 02261-3
I
6. Where existing field grass adjacent to disturbed areas contains grasses such as Bermuda,
etc. grasses not included in the prescribed seed mixture, Contractor shall place such
topsoil as required and seed with the, existing type grass so that an equivalent ground
cover will be provided.
C. Class 3 Restoration - Areas of construction that are heavily brushed or wooded, steep rocky slopes,
or other areas where it is not practical for the area to be cultivated.
1. Tree and shrub treatment shall be as specified in Section 3.1.A.2.
2. Site raking shall be as specified in Section 3.1.B.2.
3. Seeding shall be as specified in Section 3.1.B.3.
4. Mulching and seeding methods shall be as specified in Section 3.1.A.
I
I
I
I
1l
3.2 RESTORATION WHERE GROUND SURFACE IS GRAVELED FOR VEHICLE USE OR PAVED
FOR PEDESTRIAN USE ONLY.
A. Restoration shall be per cross sections on the Detail Sheet in the plans.
3.3 RESTORATION OF SLOPES
I
A. Terrace slopes where, in the opinion of Engineer, erosion problems may arise after construction. ,
3.4 RESTORATION BY SODDING
A. Area to be sodded
1. Place 3 inches of topsoil before installing sod.
2. Apply 250 pounds of fertilizer per acre and work into top 1 inch of topsoil.
I
I
3. Make surface of top soil moist and firm (not compacted) at the time sod is placed. I
B. Sod
1. Moisten sod before placing.
I
2. Lay by hand along contour lines beginning at lowest elevation. ,
3. Stagger transverse joints.
4. Make tight joints between sod pieces.
5. Cut sod into existing surface and backfill with topsoil to provide a smooth transition from
sodded areas to non -sodded areas.
I
1l
6. Apply thin layer of topsoil over sod and overseed with 45 pounds of annual rye grass per I
City of Fayetteville 09/20/02 Page 02261-4 1
I
I
acre.
I
C.
Maintenance of Sod
' 1. Water overseeded areas as directed by Engineer.
2. Apply water to sod for 3 weeks as directed by Engineer.
3.5 RESTORATION WHERE GROUND SURFACE IS HARD SURFACED FOR VEHICLE OR
PEDESTRIAN USE.
' A. Pavement: Restore damaged pavement sections to existing joints or a sawed joint.
I
I
I
I
B. Asphalt Surfaces
Asphaltic Pavement Repair. After the trench has been backfilled and compacted, as
specified elsewhere in these Specifications or backfilled with flowable fill, permanent
repair shall be made as follows. The existing pavement shall be saw -cut and removed to a
point 18 inches beyond the trench edge, or as directed by the Engineer, and brought to
grade a minimum of 11 inches below the surface of the existing pavement. This area
shall then be resurfaced by applying 9 inches of concrete with 6'5c 6"/6-6 W.W.M. and then
applying asphaltic tack coat at the rate of 0.03-0.10 gallons/square yard, followed by a
minimum of 2 inches of hot -mixed, hot -laid asphaltic concrete laid to an elevation
matching the existing finished grade. The hot -mixed, hot -laid asphaltic concrete shall be
compacted to 92 percent of theoretical density.
' 2. One nuclear density test per asphaltic patch or repair shall be performed.
I
I
3. Any unacceptable patch or repair shall be recompacted and retested without additional
expense to Owner.
C. Concrete
1. Concrete is specified in Section 03316.
' 2. Flowable fill is specified in Section 03316.
I
I
I
I
D. Stone Base
1. Crushed stone base shall be AHTD Class 7 compacted in 8 inch lifts to 95 percent
modified proctor density.
E. Traffic Maintenance
Carry on the work in a manner which will cause the least interruption to traffic. If
allowed by Owner, close to through travel not more than two consecutive blocks,
including the cross street intersected. Where traffic must cross open trenches, provide
suitable bridges at street intersections and driveways.
City of Fayetteville 09/20/02 Page 02261-5
I
2. When allowed to temporarily close street from Owner, post suitable signs indicating that
a street is temporarily closed and necessary detour signs for a proper maintenance of ,
traffic. Receive permission from the proper authority to temporarily close the street and
notify all emergency agencies of the temporary closing.
3. Provide adequate personnel to direct traffic when working in the street right-of-way.
4. Traffic control devices and methods shall be in strict accordance with the latest issue of ,
the Manual of Uniform Traffic Control Devices.
5. Provide three days written notice to the Mayor's office, the Fire Department, and the
Police Department prior to closing or partially closing any street. Closing of State '
Highway requires approval of the City and the Highway Department.
1
End of Section 02261
1
I
I
I
I
I
I
I
I
I
I
City of Fayetteville 09/20/02 Page 02261-6 1
I
I
Section 02270
SLOPE PROTECTION AND EROSION CONTROL
IPart 1 -GENERAL
' 1.1 SECTION INCLUDES
A. Temporary erosion control systems.
B. Slope Protection Systems.
1.2 RELATED SECTIONS
A. Section 02100 - Site Preparation
' B. Section 02220 - Excavation and Compaction
C. Section 02900- Landscaping
1.3 ENVIRONMENTAL REQUIREMENTS
I. A. Protect adjacent properties and water resources from erosion and sediment damage throughout from the
beginning of the work until final acceptance.
IPart 2- PRODUCTS
I. 2.1 MATERIALS
A. Quick germinating and growing grasses such as wheat, rye, oats, barley, brown top millet, or sudan
' grass, meeting the requirements of the Arkansas State Plant Board.
B. Fertilizer is specified in Section 02900.
IC. Straw bales shall consist of bales of rice, oats, barley, wheat, or rye straw, or of available grasses, free of
an excessive amount of noxious weeds. Bales shall each weigh approximately 35 pounds. Straw in an
advanced state of decomposition will not be acceptable.
D. Fencing for siltation control shall be filter fabric supported by posts and woven wire. The Drawings
denote two types of silt fence with this type of application. They are Silt Fence (E-3) and Buried Edge
'Silt Fence (E-4) using Type 4 fabric. Fencing for siltation Silt Fence on R/W Fence (E-5) shall have
Type 3 fabric with fasteners similar to the E-3 and E-4 fence.
' Type 3 Filter fabric shall be a permeable woven fabric that has high strength, high dimensional stability
even when wet, good soil filtration characteristics, and high resistance to tear propagation in all direction
meeting or exceeding the characteristics of Type 3. This fabric shall be listed on the AHTD qualified
' products list.
Type 4 Filter fabric shall be a permeable woven fabric that has high strength, high dimensional stability
' City of Fayetteville 09/20/02 Page 02270-1
even when wet, good soil filtration characteristics, and high resistance to tear propagation in all ,
directions with the following characteristics:
Property Test Method Min Avg Roll Values ,
Grab Tensile Strength ASTM D 4632 120 x 100 lbs.
Grab Elongation ASTM D 4632 10%
Mullen Burst Strength ASTM D 3786 300 psi•
Puncture Strength ASTM D 4833 601bs:
Trapezoidal Tear Strength ASTM D 4533 60 lbs.
Apparent Opening Size ASTM D 4651 20
Permittivity ASTM D 4491 0.2 sec -1
Flow Rate ASTM D 4491 20.0 gpm/sq ft. I.
UV Resistance ASTM D 4355 70% Strength Retained
The fabric shall be approved by the Engineer. He or she may allow fabric that has some similar but not
the exact same characteristics as the above. Any Type 3 fabric shall be on the AHTD qualified products
list.
Temporary wire fence shall be commercial woven wire with sufficient strength to provide the service
intended. This wire shall be 32" wide galvanized commercial woven wire having 8 line wires. Top and
bottom wires shall be 0.135 in size with an average breaking strength of 75,000 psi and the middle wires
shall be 0.099 in size with an average breaking strength of 74,000 psi. The wire shall be accordance with
ASTM A 116-88 for Commercial Woven Wire. The fence shall be approved by the Engineer.
Posts for temporary wire fence shall be steel material of sufficient strength to support the wire fence and
fabric when loaded with silt for the time the barrier is needed for service. They shall be a minimum of
5 feet long with a minimum weight of 1.33 lb per foot with the steel fence posts produced in accordance
with ASTM A 702-89. Posts shall be approved by the Engineer.
Type of fastener and manner of attaching wire fencing to posts and fabric to wire fence
shall be approved by Engineer.
E. Silt fence used for Drop Inlet Silt Fence (E-6) shall be a orange Type 3 meeting the specifications of a
Belton Industries Style 810, or approved equal.
F. Erosion control matting, if required, shall be Curlex blankets by American Excelsior Company or
approved equal. Slopes in excess of 3:1 shall have erosion matting. ,
G. Bale stakes for each bale shall be a minimum of 4 feet in length and shall be either two #4 rebars, two
steel pickets or two 2x2 inch hardwood stakes driven 1'-6" to 2'-0" into ground.
H. Temporary mulches such as loose hay, straw, netting, wood cellulose or agricultural silage:
J. Fence stakes shall be metal stakes a minimum of 5 feet in length. '
PART 3- EXECUTION
3.1 GENERAL
A. Obtain an NPDES permit for the construction site from ADEQ. Prepare a Storm Water Pollution ,
City of Fayetteville 09/20/02 Page 02270-2 1
I
C1
I
I
I
Prevention Plan, complete with a description of best management practices to be followed, and submit
to Engineer.
B. The Drawings may indicate approximate locations for erosion control devices such as straw bales and
erosion control fencing. If so indicated, these should be considered minimum requirements at
approximate locations. Provide erosion control measures required to control erosion and siltation based
on site conditions encountered and the nature of the construction. The erosion control plan and
implementation shall be the responsibility of the Contractor.
3.2 PREPARATION
IA. Review site erosion control plans.
I
I
I
I
I
I
I
I
I
C1
I
I
B. Deficiencies or changes in the erosion control plan as it is applied to current conditions will be brought
to the attention Engineer for remedial action.
3.3 EROSION CONTROL AND SLOPE PROTECTION IMPLEMENTATION
A. Place erosion control systems at all locations necessary to control work area from erosion during
construction.
B. Owner may limit the surface area of erodible earth material exposed by clearing and grubbing,
excavation, borrow and embankment operations and direct that permanent or temporary pollution
control measures be provided immediately. Incorporate all permanent erosion control features into the
project at the earliest practical time to minimize the need for temporary controls. Permanently seed and
mulch cut slopes as the excavation proceeds to the extent considered desirable and practical.
C. Temporary erosion control systems shall be maintained to control siltation at all times during
construction operations. Failure to maintain erosion control systems in satisfactory condition may result
in a deduction from pay requests.
D. Respond to any maintenance or additional work ordered by Owner within a 48 hour period.
E. Any additional material and work required and authorized by Owner which is beyond the extent of the
adopted erosion control plan and is not covered by unit prices shall be considered a modification to the
Contract Documents.
F. Slopes that erode easily shall be temporary seeded as the work progresses with a wheat, rye or oats
application.
G. E-3 and E-4 Silt Fence shall have fence posts placed at six foot centers with a minimum
embedment of two feet. The woven wire support shall be attached to the upstream side of the fence
posts using manufacturer recommended clips with a minimum of three clips per post, evenly spaced.
Attach the synthetic filter fabric to the upstream face of the wire support backing using manufacturer
recommended pig rings placed on two foot centers in three evenly spaced horizontal rows. The bottom
twelve inches of the Synthetic Filter Fabric shall be embedded in a six by six inch trench at the toe of the
fence.
End of Section 02270
I
City of Fayetteville 09/20/02 Page 02270-3
Section 02500
I
I
1
ASPHALTIC CEMENT PAVING
Part 1 - GENERAL
1.1 SECTION INCLUDES
Placement of asphaltic paving, including prime coat materials and installation, and hot mix asphalt binder and
surface courses.
1.2 RELATED SECTIONS
A. General quality control requirements and the division of responsibilities for laboratory and field testing
are specified in Section 01410.
' B. Site preparation is specified in Section 02100.
C. Excavation and embankment are specified in Section 02220.
ID. Subgrade preparation and base courseconstruction are specified Section 02230.
r
Li
C
I
E. Concrete curbs and gutters and sidewalks are specified in Section 03316.
1.3 UNIT PRICES
Unit prices for work covered under this section are defined in Section 01025, including incidentals, related
work, method of measurement, if any, and partial payment provisions.
1.4 REFERENCES
A. AASHTO
Ii. M 17, "Mineral Filler for Bituminous Paving Mixtures".
2. M 81, "Cut -Back Asphalt (Rapid -Curing Type)".
3. M 140, "Emulsified Asphalt".
' 4. M 145, "The Classification of Soils and Soil -Aggregate Mixtures for Highway Construction
Purposes".
5. M 208, "Cationic Emulsified Asphalt".
•' 6. M 226, "Viscosity Graded Asphalt Cement".
7. T 30, "Mechanical Analysis of Extracted Mixture".
8. T 44, "Solubility of Bituminous Materials in Organic Solvents".
9. T 48, "Flash and Fire Points by Cleveland Open Cup".
10. T 49, "Penetration of Bituminous Materials".
11. T 51, "Ductility of Bituminous Materials".
I12. T 78, "Distillation of Cut -Back Asphaltic (Bituminous) Products".
13. T 96, "Resistance to Abrasion of Small Size Coarse Aggregate by Use of the Los Angeles
Machine".
14. T 102, "Spot Test of Asphaltic Materials".
'
15. T 104, "Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate".
16. T 166, "bulk Specific Gravity of Compacted Bituminous Mixtures".
City of Fayetteville 09/20/02 Page 02500-1
[1
I
B. AHTD
1. Standard Specifications for Highway Construction, 1996 Edition, referencing the following
specific sections.
a. 401, Prime and Tack Coats and Emulsified Asphalt in Base Course.
b. 403, Materials and Equipment for Prime, Tack, and Asphalt Surface Treatment.
c. 404, Design and Quality Control of Asphalt Mixtures.
d. 406, Asphalt Concrete Hot Mix Binder Course.
e. 407, Asphalt Concrete Hot Mix Surface Course.
f. 409, Materials and Equipment for Asphalt Hot Mix Binder and Surface Courses.
g.. 410, Construction Requirements for Asphalt Hot Mix Binder and Surface Courses.
2. AHTD Test Method 449/449A
3. AHTD Test Method 450
4. AHTD Test Method 460
C. ASTM standards may be substituted for the listed AASHTO standard when the standards are
essentially the same.
1.5 SUBMITTALS '
A. Submit product information on prime coat and tack coat products, and on asphalt cement when
requested by Engineer.
B. Submit mix design information in accordance with Paragraph 2.4.
C. Submit source quality control information when requested by Engineer in accordance with Paragraph '
2.5.
1.6 QUALITY ASSURANCE ,
Testing for materials and construction performance shall be at the option of Owner, or as specified herein.
Owner has the authority to require any test needed, in their opinion, to demonstrate that the quality of the
construction materials or workmanship meet the specified requirements.
Site tests shall be made in the presence of Engineer. Required tests must demonstrate compliance with the
specifications before the paving work will be accepted.
1.7 DELIVERY, STORAGE, AND HANDLING
I
A. HMAC mixtures shall be transported from mixing plant to the Work in vehicles with clean, tight beds.
B. When mixtures are hauled more than 15 miles, or when mixtures are being placed between November
I and April 1, cover beds of vehicles with canvas or other suitable material to retard loss of heat.
Cover shall extend over the sides and ends of truck bed and shall be securely fastened. Store cover on
truck at all times regardless of haul distance or time of year.
C. Provide sufficient vehicles to provide a continuous operation on the roadway. '
D. Use only non -petroleum release agents. -
City of Fayetteville 09/20/02 Page 02500-2 '
I
I
Part 2- PRODUCTS
2.1 SOURCES
' A. Obtain aggregate from a permanently established quarry regularly engaged in supplying mineral
aggregates for asphaltic concrete mixtures. Quarry shall have an established quality control program.
B. Obtain asphalt cement from sources that have executed a certification agreement with AHTD.
C. Obtain asphaltic concrete mixtures from a permanently established mixing plant regularly engaged in
supplying paving materials conforming to AHTD specifications. Applicable provisions of AHTD
409.03 shall apply, except that Engineer will not be inspecting or monitoring operations of the plant.
2.2 PRIME AND TACK COATS
A. Prime coat shall be emulsified petroleum resin, EPR-1, manufactured by Blackridge, or equal.
B. Bituminous tack coat shall be rapidly curing cutback asphalt conforming to AASHTO M 81, or an
emulsified asphalt conforming to AASIITO M 140 or M 208. Cationic emulsified asphalt shall have a
' minimum Saybolt Furol Viscosity at 122 degrees F at the point of manufacture of 200 seconds, and a
maximum Saybolt Furol viscosity of 500 seconds.
' 2.3 ASPHALTIC CONCRETE
A. Mineral Aggregates
' I . Mineral aggregates for asphaltic concrete binder course and surface course shall consist of
combinations of coarse aggregate, fine aggregate, and mineral filler proportioned as provided
for in the specifics mix designs.
' 2. Coarse aggregate is that fraction retained on the #10 sieve and shall consist of crushed gravel,
crushed stone, or slag.
3. Fine aggregate is that fraction passing the #10 sieve, and shall consist of clean, hard, durable
particles of natural or manufactured sand or combinations of the two. Natural sand shall meet
' the requirements of AASHTO M 145 except that a maximum of 35 percent may pass the
#200 sieve. Fine aggregate may contain a maximum of 2 percent coal and lignite by weight
of the fine aggregate.
I. 4. Crushed stone shall consist of clean, hard, durable fragments of rock of uniform quality, free
from an excess of soft particles. The stone shall have a percent of wear, measured by
AASHTO T 96, not greater that 40, and when subject to 5 cycles of the Sodium Sulfate
' Soundness test, AASHTO T 104, the loss shall not exceed 12 percent.
5. Crushed gravel shall consist of clean, hard, durable aggregate free from an excess of soft
particles in which at least 98 percent of the particles retained on the #10 sieve have been
' produced from larger particles by crushing operations. Gravel shall have a percent of wear,
measured by AASHTO T 96, not greater than 40.
6. Mineral aggregates shall be clean and free of deleterious material and adherent films of clay
that will prevent thorough coating with asphalt materials. The fraction passing the #40 sieve
shall have a plasticity index not greater than 4. For asphaltic concrete mixes, a minimum of
65 percent of total aggregate shall be produced by crushing larger particles.
' 7. Mineral filler shall comply with the requirements of AASHTO M 17.
8. Gradation of aggregates shall comply with the design mix, within the master ranges given in
paragraphs 2.3.C and 2.3.D.
City of Fayetteville 09/20/02 Page 02500-3
I
I
B. Asphalt cement shall conform to AASHTO M 226. Physical requirements are per Table II of
AASHTO M 226, with the further provision that ductility for all grades of asphalt cement shall be a
minimum of 100 cm and all grades shall have a negative spot as determined by the Spot Test. The
grade to be used will be determined by the mix design.
C. Binder course shall be hot mix asphaltic concrete composed of mineral aggregate, asphalt cement, and
any required additives proportioned to meet AHTD Type 2 binder course, in accordance with the
following:
I
1
Mineral Aggregate: Type 2 Asphaltic Concrete Maximum Tolerance ,
Sieve Size percent passing percent
1'/.inch 100
1 inch 92-100 1
3/4 inch 75-97 t 7
/z inch 55-85 ±7
#4 sieve 35-60 ± 7
#10 sieve 20-45 ±5
#20 14-35 ±4
#40 sieve 10-30 ± 4
#80 sieve 6-20 ± 4
Asphalt cement 3.7-7.0 ± 0.4
Fines to Asphalt Ratio 0.6-1.4
Design Test Requirements
No. of Blows: 50
Minimum Marshall Stability 1000 lbs
Marshall Flow, 1/100 inch 7-16
Air voids 3.0-6.0 percent
Min. voids in mineral aggregate 13 percent
Minimum water sensitivity ratio 70 percent
Percent anti -strip As required
Fines to asphalt ratio is defined as the weight of the aggregate passing the #200 sieve, expressed as a
percentage of the total mix weight divided by the percent asphalt cement content.
Exact quantities of mineral filler and anti -strip additive incorporated into the mix will be as determined
by the laboratory mix design.
I
Ti
I
LI
I
I
I
I
City of Fayetteville 09/20/02 Page 02500-4
I. ..
D. Surface course shall be composed of mineral aggregates, asphalt cement, and any required additives
proportioned to meet the requirements for AHTD Type 2 surface course, in accordance with the
following:
' Mineral Aggregate: Type 2 Asphaltic Concrete Maximum Tolerance
Sieve Size percent passing percent
3/4 inch 100
%inch 85-100 ±7
#4 55-80 ±7
#10 35-60 ±5
' #20 22-45 ±4
#40 15-35 ±4
#80 8-22 ±4
Asphalt cement 4.5-7.5 t 0.4
Fines to Asphalt Ratio 0.6-1.4
Design Test Requirements
No. of Blows: 50
Minimum Marshall Stability 1000 lbs
Marshall Flow, 1/100 inch 7-16
' Air voids 2.5-5.0 percent
Min. voids in mineral aggregate 14 percent
Minimum water sensitivity ratio 70 percent
' Percent anti -strip As required
Exact quantities of mineral filler and anti -strip additives incorporated into the mix will be as
' determined by the laboratory mix design.
Surface course shall contain not more than 60 percent limestone aggregate in the coarse mineral
aggregate fraction. When limestone is the primary coarse mineral aggregate, crushed sandstone,
' crushed siliceous gravel, syenite, novaculite, or crushed slag shall be used as the remaining coarse
mineral fraction. The portion retained on the #10 sieve shall have an insoluble residue of not less than
85 percent when tested in a 1:1 solution of hydrochloric acid and water in accordance with Al-1TD
Test Method 306.
' 2.4 MIX DESIGN
A. A special mix design prepared specifically for this project will not be required. Submit for review the
' mix design in use at the mixing plant for its regular supply of the mixes specified.
B. Mix designs shall be prepared by laboratory analysis in accordance with the requirements of the
I. specifications. Mix design preparation shall comply with applicable provisions of AHTD 404.01.
2.5 SOURCE QUALITY CONTROL
' A. Contractor is responsible for quality control testing of the HMAC mixtures to be incorporated in the
work prior to their placement in the work, in accordance with Section 01410.
City of Fayetteville 09/20/02 Page 02500-5
I
[1
B. Tests shall be conducted by the mixing plant, as part of a regular quality control program. Such tests
shall be of the type and at the frequency required to demonstrate that the mixing plant is producing
mixtures in conformance with required design mixes.
C. If required by Engineer, submit a copy of standing quality control program in use at the mixing plant.
D.' If required by Engineer, submit copies of testing records of tests conducted at the mixing plant on the
HMAC products delivered for this project. Such tests will be ordered if Engineer has reason to
believe the HMAC mixtures supplied are not in compliance with the specifications, or if the mixtures
appear to result in overly difficult placement or compaction such that specified results are not
obtained. Such testing, if ordered, may include: extraction tests (AHTD 450) and sieve analysis
(AASHTO T 30)of the extracted aggregate; nuclear asphalt content gauge (AHTD 449/449A) and
sieve analysis (AASHTO T 30) of the aggregate sample obtained by AHTD Test Method 460.
Additional tests required for further evaluation of the mixture will be as needed to prove the adequacy
of the mixture.
Part 3 - EXECUTION
3.1 EXAMINATION
A. Examine the areas and conditions under which work will be performed. Conditions detrimental to
timely and proper execution of this work shall be corrected. No work shall be done until
unsatisfactory conditions are corrected.
3.2 PREPARATION
A. Before application of each course or surface coat, prepare the existing course to receive the new
course. Such preparation may include filling sags and depressions with asphalt binder or surface
course mixtures. Accomplish this work by hand, blade grader, or mechanical spreader methods.
Featheredge to a smooth and even surface around the edges of these areas. Prime coat or tack coat as
applicable before placing this material. Examine base course to verify that the lines and grades
conform to the requirements of the Drawings and Specifications, including those for superelevation.
B. Clean loose and foreign materials.
C. Paint contact surfaces of curbing, gutters, manholes, and other structures with a thin coating of rapid
curing cutback asphalt or emulsified asphalt.
3.3 INSTALLATION
A. Prime Coat
I. Clean surface to be treated with prime coat of dust, dirt, and loose or foreign material by
sweeping with mechanical brooms immediately preceding application of prime coat. Take
care to clean but not loosen or dislodge embedded aggregate in base course. Remove patches
of asphalt, dirt, or other material which does not form an integral part of the surface to be
treated.
I
I
LI
I
I
C
I
I
I
I
I
I
I
[1
I
2. Perform cleaning only far enough in advance of the application to ensure the surface being
properly prepared at the time of application. '
3. Spray prime coat material uniformly over surface by means of mechanical pressure distributor
City of Fayetteville 09/20/02 Page 02500=6
I
I
I
I
I
I
I
I
I
I
I
I
I
I
C
C1
I
at the rate of 0.25 gallons per square yard, or as recommended by the manufacturer for project
conditions. Remove surplus material that collects in surface depressions.
4. Allow prime coat to cure per manufacturer's recommendations before application of asphalt
material. No material for a succeeding course shall be placed on a primed base course until
the -prime coat has cured sufficiently to prevent damage by hauling operations.
5. Do not apply when air temperature is below 45 degrees F.
6. Observe special precautions to ensure uniform distribution of prime coat material. Adjust and
• operate distributor so as to evenly distribute material. Remove excess quantities on the road
surface caused by stopping or starting the distributor, by overflow, leakage, or otherwise.
7. Apply prime coat material only at temperatures within manufacturer's recommendations.
8. Repair prime coat that.becomes damaged.
B. Apply tack coat in a manner similar to that described in paragraph 3.3.A for prime coat. Apply at the
rate of 0.02 to 010 gallons per square yard. Apply tack coat sufficiently in advance of asphalt course
to allow proper curing of the tack coat material but not so far in advance as to lose its adhesiveness as
a result of being covered with dust or foreign material. If tack coat becomes damaged or covered with
foreign material, clean and re -treat with tack coat as required.
C. Binder Course construction is covered in general in AHTD Sections 406 and 410. Preparing HMAC
mixture is covered in general in AHTD Section 409. Binder course shall be constructed to the
following standards:
Minimum Density, percent of theoretical 92.0
Maximum Moisture, percent (Roadway) 0.75
I. Where binder course is placed on shoulders, minimum density shall be 90 percent of
maximum theoretical density.
2. Place mixture on prepared surface, spread, and strike off to line, grade, and elevation
required. Place mixture only on a base that shown no evidence of free moisture and when
weather conditions are suitable. Engineer may permit work of this character to continue when
overtaken by sudden rains to utilize materials that may be in transit from the mixing plant to
the site.
3. Mixture shall be delivered to the paver within recommended compaction temperature range
according to the design mix. Do not place binder course on roadway at a temperature lower
than 250 degrees F.
4. Hand spreading is permitted only in areas inaccessible to pavement.
5. Paver shall uniformly distribute and compact mixturein from of the screed for full width
being paved. Finished surface shall be smooth and of uniform texture.
6. Screed or strike -off assembly shall effectively produce a finished surface of required evenness
and texture without tearing, shoving, or gouging mixture.
7. Operate mixer at forward speeds consistent with satisfactory laying of mixture. Match speed
of paver with mixing plant production rate and number of hauling units.
8. Establish edge of binder course by string or chalk line for at least 500 feet ahead of spreading
operation.
9. Thoroughly compact mixture after spreading by rolling as soon as it will bear weight of rollers
without undue displacement.
10. Establish an optimum rolling pattern at beginning of placement of each mix design.
11. The number, weight, and type of rollers, and the optimum rolling pattern shall be such that the
specified density and surface requirements are consistently attained while mixture is in a
workable condition. Rollers which produce excessive crushing of aggregate particles will not
be permitted.
I
City of Fayetteville 09/20/02 Page 02500-7
12. Following the breakdown rolling operation and as soon as the mat will support the roller
without displacement, pass pneumatic roller over binder course a sufficient number of times
to knead and seal entire mat being placed.
13. Exercise due care when using vibratory rollers to prevent any deterioration of material caused
by excessive rolling or vibration. Operate vibratory rollers in such a manner that overlap of
adjacent passes shall be held to a minimum.
14. Start rolling longitudinally at the low edge and proceed toward the higher portion of the mat.
When paving abutting a previously placed lane, longitudinal joint shall be rolled first
followed by regular rolling procedure. Terminate alternate passes of roller 3 feet from any
preceding stop. Do not stop rollers perpendicular to centerline of traveled way.
15. Restrict speed of roller to avoid displacement of hot mixture, and do not exceed 3 mph.
Operate roller in such a manner that no displacement of the mat will occur. Rolling shall proceed continuously until all roller marks are eliminated and required density attained. Keep '
rollers moist for full width of roller to prevent adhesion of asphalt mixture to roller. Excess
water will not be permitted.
16. Do not pass rollers over unprotected end of a freshly laid mixture. Form transverse joints by
cutting back on previous run to expose full depth of the course. Use a brush coat of asphalt
material on contact surfaces of transverse joints just before additional mixture is placed
against previously placed material.
17. Upon completion of rolling operations, surface shall be smooth and of uniform texture.
D. Surface Course construction is covered in general in AHTD Sections 407 and 410. Preparing HMAC
mixture is covered in general in AHTD Section 409. Surface course shall be constructed to the
following standards.
Minimum Density, percent of theoretical 92.0
Maximum Moisture, percent (Roadway) 0.75
Surface course construction shall comply with the requirements of Paragraph 3.3.C, and with the
following additional requirements:
1. Offset longitudinal joint in one layer by approximately 6 inches from the layer below.
However, joint in top layer shall be at the centerline of pavement or at lane lines. General
casting back of material or hand raking material onto surface will not be permitted.
2. Establish edge of surface course at least 500 feet ahead of spreading operation.
3. Finished surface, when checked with a 10 foot straight edge parallel to the centerline, shall ,
show no variation more than 1/8 inch for surface course.
3.4 FIELD QUALITY CONTROL ,
A. Owner will be responsible for quality control testing of the completed pavement, in accordance with
Section 01410. Tests to be taken and their frequency will be determined by the Engineer. Tests may
include coring for depth and laboratory density, in -place density, and straight edge for smoothness.
Density of compacted mixture shall be in accordance with AASHTO T 166.
B. If testing shows deficiencies, correct deficiencies by means satisfactory to Engineer prior to beginning '
additional work. If deficiencies appear to be the result of variation from approved mix design, an
inadequate mix design or materials (as opposed to workmanship), operations will be stopped until
corrections can be made at the mixture source. If deficiencies are a result of workmanship, adjust
operations and equipment to achieve the specified results.
City of Fayetteville 09/20/02 Page 02500-8 '
3.5 CLEANING
A. Clean surface of pavement as required of -debris and loose material after compaction and before final
acceptance.
B. Clean ACHM splatter or excess material from curbs, gutters, drainage structures, and other places
where it has been placed and exceeds the limits of paving indicated on the Drawings.
End of Section 025O0
City of Fayetteville 09/20/02 Page 02500-9
1
1
I
1
1
1
1
1
Section 02581
THERMOPLASTIC PAVEMENT MARKINGS
Part 1 - GENERAL
1.1 SECTION INCLUDES
A. Furnishing and placing thermoplastic pavement markings including lines, words, arrows, and emblems,
of the color and type specified, in accordance with the Specifications and at the locations indicated on
• the Drawings.
1.2 RELATED SECTIONS
A. Asphaltic concrete hot mix pavement is specified in Section 02500.
B. Signage is specified in Section 02840.
1.3 REFERENCES
A. Arkansas Highway and Transportation Department (AHTD)
1. Test Method 702
2. Test Method 703
B. Federal Highway Administration (FHWA)
1. Manual on Uniform Traffic Control Devices (MUTCD).
C. American Association of State Highway and Transportation Officials (AASHTO)
1. M 247, Type I Gradation.
D. American Society for Testing and Materials (ASTM)
1. E28.
1.4 SUBMITTALS
A. Submit product information of thermoplastic materials and glass beads to be used.
1.5 QUALITY ASSURANCE
A. Pavement markings shall be accomplished by workers who are experienced in installing thermoplastic
pavement markings conforming to the MUTCD.
1.6 DELIVERY, STORAGE, AND HANDLING
A. Thermoplastic materials shall be stored according to manufacturer's recommendation.
City of Fayetteville 09/20/02 Page 02581-1
I
Part 2 - PRODUCTS
2.1 MATERIALS
A. The material used shall be a product especially compounded for traffic markings. Each container shall
be clearly and adequately marked to indicate the color, weight, batch or lot number, and type of
material.
I
Il
B. White thermoplastic material, after drying, shall be pure white and free from dirt or tint, and shall
comply with the Federal Highway Administration's standard white. The white color is to have a
minimum reading of 75% relative to magnesium oxide when tested according to AHTD Test Method
703. When called for on the plans, other colored thermoplastic material shall comply in color with the
Federal Highway Administration's standard for that color. The material shall not change appreciably in
its color and brightness characteristics after prolonged exposure to sunlight.
C. The material, when placed as a stripe, shall not be slippery when wet and it shall not lift from the
pavement in freezing weather.
D. In the plastic state, the material shall not give off fumes that are toxic or otherwise injurious to persons
or property. The material shall not break down or deteriorate if held at the plastic temperature for a
period of 4 hours nor by reason of 4 re-heatings to the plastic temperature.
E. The material shall not deteriorate by contact with sodium chloride, calcium chloride, or other chemical
formations on the roadway or streets, or because of the oil contact on pavement material, or from oil
droppings from traffic.
F. The temperature -viscosity characteristics of the thermoplastic material shall remain consistent through 4
re-heatings and shall be the same from batch to batch. There shall be no obvious change in the color of
the material as a result of up to 4 re-heatings or from batch to batch.
G. The pigmented binder shall be well dispersed and free from all skins, foreign objects, or other
ingredients that will cause bleeding, staining, or discoloration. The pigment shall be evenly dispersed
throughout the material. After application and proper drying time, material shall show no appreciable
deformation nor discoloration under local traffic conditions and in air or road temperatures ranging from
-18° C (0° F) to 710 C (160° F). The material shall not smear or spread under normal traffic conditions
at temperatures below 710 C (160° F).
H. The material shall not soften at 82° C (180° F) when tested by ASTM E 28.
Under this specification, the term "drying time" shall be defined as the minimum elapsed time after
application when the stripe shall have and retain the characteristics required in the preceding
paragraphs. In addition, the drying time shall be established by the minimum elapsed time after
application when traffic will leave no impression or imprint on the applied marking. The drying time
shall not exceed a characteristic straight-line curve, the limits of which are 2 minutes at 10°C (50° F)
and 15 minutes at 32°C (90° F), measured at a maximum relative humidity of 70%.
J. The stripe shall maintain its original dimension and placement. The exposed surface shall be free of
tack. Cold ductility of the material shall be such as to permit normal movement with the road surface
without chipping or cracking.
K. The marking shall have a uniform cross section. The density and character of the material shall be
City of Fayetteville 09/20/02 Page 02581-2
1
uniform throughout its thickness and shall be completely reflectorized both internally and externally.
I
I
I
I
L. During manufacture, reflectorized beads shall be mixed into the material to the extent of not less than
40% nor more than 50% by weight of the material. The glass beads used in the intermix formulation
and for the drop -on application shall meet AASHTO M 247 with a Type I gradation. The beads for
intermix shall be uncoated. The drop -on beads shall be suitably treated to resist moisture and retain free
flow properties.
M. Moisture resistance will be tested by AHTD Test Method 702. Beads shall not be specially treated to
enhance flotation. The beads shall be automatically applied at a minimum uniform rate of 39 kg (8
pounds) of glass beads to every 100 sq m (100 square feet) of surface.
2.2 SOURCE QUALITY CONTROL
A. Manufacturer shall maintain a regular quality control program that ensures that the specified
requirements for the thermoplastic materials are met. The written quality control program, as well as
documentation concerning its continuing implementation, should be available to the for review by
Engineer and Owner.
Part 3 -EXECUTION
3.1 EXAMINATION
' A. Examine pavement to be marked. Verify that the paving work is complete, requiring only cleaning and
preparation before application of the thermoplastic compound.
' 3.2 PREPARATION
A. On pavements where no pavement markings exist or where the existing pavement markings are paint or
thermoplastic and do not conflict with the proposed pavement markings, blasting with water or sand or a
combination thereof will be required to remove any curing compound, oxidized paint or thermoplastic,
or dirt to ensure a good bond.
' B. Conflicting pavement markings that exist shall be removed by blasting with water and/or sand or by
grinding.
3.3 APPLICATION
I. A. Apply thermoplastic compound in the locations and of the type (lines, words, arrows, and emblems) and
color indicated on the Drawings and as per the Manual On Uniform Traffic Control Devices (MUTCD).
' B. The thermoplastic compound shall be screed or ribbon extruded to the pavement surface unless a
specific application method is specified.
I. C. The equipment used to apply the thermoplastic compound onto the pavement shall be suitably equipped
for heating and controlling the flow of the material. The equipment shall be constructed to provide
continuous mixing and agitation of the material. The conveying parts of the equipment, between the
I. main material reservoir and applicator, shall be so constructed as to prevent accumulation and clogging.
The equipment shall be constructed so that all mixing and conveying parts, up to and including the
applicator, maintain the material at the plastic temperature. The thermoplastic material shall be
' City of Fayetteville 09/20/02 Page 02581-3
[I
dispensed at a temperature recommended by the manufacturer. The applicator shall include a cutoff
device remotely controlled to provide clean, square stripe ends and to provide a method for applying
skip lines.
D. The thermoplastic reservoir shall be insulated and equipped with an automatic thermostatic control to
maintain the proper temperature of the material.
E. The thermoplastic machine shall comply with the requirements of the National Board of Fire
Underwriters.
F. Beads applied to the surface of the completed stripe shall be applied by an automatic bead dispenser
attached to the pavement marking equipment in such a manner that the beads are immediately dispensed
upon the completed line. The bead dispenser shall be equipped with an automatic cutoff control,
synchronized with the cutoff of the pavement marking equipment.
G. Thermoplastic markings shall not be applied to the pavement surface when the pavement surface '
temperature is less than 10°C (50° F) or when the pavement surface shows evidence of moisture.
H. The thickness of all thermoplastic markings above the roadway surface shall be 2.3 mm (90 mils) ( a
minimum of 446 kg/km [1584 pounds per mile] of 100 mm [4"] line). The thickness of the plastic will
be measured by a device supplied by the Contractor during the course of the project capable of
measuring the thickness of the plastic as installed on the pavement. The minimum thickness, as
required above, will be measured in the center of the line when gauged by the equipment described
above. The minimum thickness 12 mm (V2 ") from the edges shall not be less than 75% of the thickness
required in the center. Maximum thickness of markings is 5 mm (3/16"). '
I. On concrete pavements, paint pavement markings according to Section 02580 shall be applied as a
primer for the thermoplastic markings, except where thermoplastic marking s are to be applied over
existing thermoplastic markings. A primer other than paint may be used when recommended by the
thermoplastic manufacturer.
J. A primer is not required for asphalt pavements, but paint pavement markings complying with Section '
02580 may be used as a primer at no cost to the City.
K. Spotting of the center line and lane line locations, if required, shall be the responsibility of the
Contractor. Edge lines shall not be broken for driveways. The trace of the thermoplastic line shall be
uniform.
L. The finished lines shall have well defined edges, shall be uniform in thickness, and shall be straight and
true. No stripe shall be less than the specified width. Any corrections of variations in width or '
alignment of the stripes shall not be made abruptly.
M. Line removal as specified on the plans shall be performed in such a manner that no conflicting pavement
marking will be left in place. Removal of the pavement marking by a means that will gouge the surface.
will not be permitted.
I
End of Section 02581
I
City of Fayetteville 09/20/02 Page 02581-4
Section 02600
PIPE LAYING
Part 1 -GENERAL
1.1 SECTION INCLUDES
A. Installation of water, wastewater, and storm sewer pipe and appurtenances.
1.2 RELATED WORK
J
' 1.3
I
[J
I
I
I
I.
A. Trenching, Back illing and Compacting is specified in Section 02221.
B. Reinforced concrete pipe and fittings are specified in Section 02720.
C. Corrugated metal pipe and fittings are specified in Section 02720.
D. Perforated plastic tubing is specified in Section 02720.
E. Testing of installed pipe is specified in Section 02720.
F. Concrete is specified in Section 03316.
G. Ductile iron pipe and fittings are specified in Section 02615.
H. Plastic pipe and fittings are specified in Section 02622.
A. AASHTO
1. T 99, "Standard Method of Test for the Moisture -Density Relations of Soils Using a 5.5 -
lb. Rammer and a 12 -in. Drop".
2. T 180, "Standard Method of Test for the Moisture -Density Relations of Soils Using a 10 -
lb. Rammer and a 18 -in. Drop".
B. AHTD Standard Specifications for Highway Construction
1. Section 303, "Aggregate Base Course".
C. ASTM
1. D 448, "Standard Classification for Sizes of Aggregate for Road and Bridge
Construction".
2. D 2774, "Recommended Practice for Underground Installation of Thermoplastic
Pressure Piping".
3. D 2922, "Standard Test Methods for Density of Soil and Soil -Aggregate in Place by
Nuclear Methods (Shallow Depth),
City of Fayetteville 09/20/02 Page 02600-1
I
1.4 QUALITY ASSURANCE
A. Provide skilled workers to insure proper handling, jointing, and embedment of pipe.
B. Methods of Testing
1. Moisture density relations of material shall be determined in the laboratory in
accordance with AASHTO T 99 or T 180, as specified.
2. Field density of backfill shall be determined in accordance with ASTM-D 2922.
Part 2- MATERIALS
2.1 BEDDING MATERIALS
Bedding materials, used for bedding, haunching, and initial backfill in the locations indicated on the
Drawings, shall conform to one of the following materials.
A. Grit: a local designation for a crushed stone material, available from quarries in northwest
Arkansas, and is specified by City of Fayetteville for use in pipe embedment (bedding, haunching,
and initial backfill) where groundwater is not encountered. Approximate gradation of grit is: 100
percent passing a 3/8th sieve, and 0 to 10 percent passing a No. 200 sieve. This material is to be
used for water line, sewer line, and any storm sewer installation designated N/P-1 or P-1.
B. Natural pea gravel may be used as an alternative for grit, subject to approval of Engineer
C. Sand: well
graded natural sand, free of
gravel,
angular pieces, organic matter, and other
deleterious
substances may be substituted
for grit,
subject to approval of Engineer.
D. Class 7 or Class 8 Base material per AHTD, Section 303, Table 303-1 as an alternative for grit,
subject to approval of Engineer.
E. Materials meeting either ASTM D 448 Size No 67 or ASTM D 2774 as an alternative to grit,
subject to approval of Engineer.
F. Concrete rock for storm sewer installation meeting the gradation requirements of Section 802.02
Materials (c) Coarse Aggregate. This material is to be used when groundwater is encountered.
The storm sewer installation will be designated N/P-2 or P-2.
Part 3- EXECUTION
3.1 GENERAL
A. Examine pipe and appurtenances for compliance with specifications.
I
I
I
C
C
I-
L_
I
I
1l
I
I
[1
I
B. Reject pipe and appurtenances not in compliance with specifications. I
C. Remove foreign matter from pipe and appurtenances before lowering into excavated area. ,
City of Fayetteville 09/20/02 Page 02600-2 '
Li
Li
3.2 PIPE HANDLING
A. Pipe shall be off loaded at site as close to location of installation as possible, subject to constraints
of traffic control and availability of land for construction. Pipe shall not be dropped from carrier, .
deck. Stack pipe according to manufacturer's recommendations.
B. Lower pipe into trench after placement of bedding using slings and mechanical equipment.
Workers shall be present in trench, in accordance with safety practices, to direct pipe into place.
33 PIPE BEDDING, HAUNCHING, AND INITIAL BACKFILLING
• A. For PVC pipe and fittings, and corrugated metal pipe, place 6 inches minimum of grit between
excavated trench bottom or stabilized trench bottom and bottom of pipe or fitting as bedding.
• Provide a minimum of 6 inches of grit or acceptable material all around pipe. Provide depression
in bedding for joints so that barrel of pipe or fitting rests on grit.
B. For ductile -iron pipe and appurtenances, place 6 inches minimum of grit between excavated
trench bottom or stabilized trench bottom and bottom of pipe or appurtenance as bedding.
Provide depression in grit for joints so that barrel of pipe or fitting rests on grit.
' C. Place grit in 6 inch maximum layers, compacted to 85 percent of maximum proctor density to
spring line of pipe as haunching, and to top of pipe as initial select backfill, ensuring that grit is
I. placed against haunch area of pipe.
D. For reinforced concrete pipe designated as storm sewer installation N/P-1 or P-1 and
' appurtenances, place 4 inches of grit between the excavated trench bottom or stabilized trench
bottom and bottom of pipe or appurtenance as bedding. Provide depression in grit for joints so
that barrel of pipe or appurtenance rests on grit. No haunching is required for reinforced
I. concrete pipe. Initial backfill shall be job excavated select material.
E. For reinforced concrete pipe designated as storm sewer installation N/P-2 or P-2 and
' appurtenances, place a minimum of 4 inches of concrete coarse aggregate between the
excavated trench bottom or stabilized trench bottom and bottom of pipe or appurtenance
as bedding. Initial backfill shall be this coarse aggregate to a minimum of eighteen inches
above the four inch diameter underdrain pipe. This underdrain pipe shall be laid at the flow
line elevation of the concrete pipe and capped at the upstream end. The downstream end
shall terminate into the drainage structure.
' 3.4 JOINTING
A. Place pipe and appurtenance to planned line and elevation.
'
1. Place sewer pipe from low end to high end with pipe bells facing upstream.
2. Place potable water pipe with bells facing the direction of laying.
3. Cover open end of laid pipe whenever pipe laying is interrupted to prevent rodents and
' debris from entering pipe.
B. Prepare pipe before jointing operations in accordance with manufacturer's recommendations.
Place gasket in location marked.
' C. Shove pipe home into joint using mechanical equipment as recommended by manufacturer. Pipe
ICity of Fayetteville 09/20/02 Page 02600-3
barrel shall be inserted into joint to appropriate mark, if available on pipe.
3.5 BACKFILLING
A. Pipe Covering
1. Place minimum 12 inch of grit over top of PVC pipe and fittings.
2. Place minimum 6 inch of grit over top of iron pipe and fittings.
3. Place job excavated select material from bedding of reinforced concrete pipe and
compact to 90 percent of standard proctor density when groundwater is not encountered.
4. When groundwater is encountered or if shown on plans and/or bid items in storm sewer
pipe construction, place concrete rock for a minimum of 18 inches above the underdrain
pipe as initial backfill.
B. See Section 02220 for remainder of backfill.
C. Existing Utility Crossings: Expose utilities located between two manholes 24 hours minimum
before the downstream manhole is constructed. Wherever possible sewer will be adjusted to
provide necessary clearance.
3.6 THRUST BLOCKING
A. Construct thrust blocking at all pipe fittings, including bends and reducers, as indicated on the
Drawings.
B. Concrete for thrust blocking is specified in section 03316
C. Construct thrust blocking between pipe and undisturbed earth. If trench conditions do not exist,
either extend thrust blocking or backfill over excavation and dig new trench to obtain trench
conditions.
1
End of Section 02600 1
I
I
C
I
City of Fayetteville 09/20/02 Page 02600-4
I
I
Section 02720
[l
H
I
I
I
I
STORM SEWER SYSTEM.
Part 1- GENERAL
1.1 SECTION INCLUDES
A. Storm sewer drainage piping, fittings, accessories,. and bedding.,
B. Storm water drainage structures, including curb inlets and junction boxes.
C. Filter fabric.
D. Perforated Plastic Drain Pipe.
1.2 PRODUCTS FURNISHED BUT NOT INSTALLED UNDER THIS SECTION
A. Storm Sewer Piping.
' 1.3 RELATED SECTIONS
A. Measurement and payment provisions are specified in Section 01025.
B. General quality control provisions and the division of responsibility for laboratory testing services are
specified in Section 01410.
C. Excavation safety is specified in Section 02161.
ID: Restoration of disturbed areas is specified in Section 02261.
E. Pipe installation is specified in Section 02600.
' 1.4 UNIT PRICES
A. Unit prices for work covered under this section are defined in Section 01025, including incidentals,
' related work, method of measurement, and, partial payment provisions, if any.
1.5 REFERENCES
A. American Association of State Highway and Transportation Officials (AASHTO)
1. M 36, "Metallic (Zinc or Aluminum) Coated Corrugated Steel Culverts and Underdrains".
' 2. M 198, "Joints for Circular Concrete Sewer and Culvert Pipe Using Flexible Watertight
Gaskets".
' B. American Society for Testing and Materials (ASTM)
1. A 48, "Standard Specification for Gray Iron Castings".
2. C 76, "Reinforced Concrete Culvert, Storm Drain, and Sewer Pipe".
3. C 443, "Joints for Circular Concrete Sewer and Culvert Pipe, Using Rubber Gaskets".
City of Fayetteville 09/20/02 Page 02720-1
C
1.6 SUBMITTALS
A. Product Data: Provide data on pipe materials, pipe fittings, and accessories.
1.7 QUALITY ASSURANCE
A. Materials furnished shall be manufactured by a manufacturer regularly engaged in providing storm
water drainage piping and appurtenances complying with the specified standards.
1.8 DELIVERY, STORAGE, AND HANDLING
I
A. Pipe sections shall be received at site and immediately inspected for damage and defects, and, if grading
work is essentially complete, shall be distributed in the approximate locations where they will be
installed. If grading work is not complete, handle and store in such a way to minimize damage.
Part 2- PRODUCTS
2.1 STORM SEWER PIPE MATERIALS
I
I
A. Reinforced Concrete Pipe: Comply with requirements of ASTM C 76, Class III, unless another class is ,
indicated on the Drawings. Joints shall be bitumen type, such as "Ram-Nek", or equal.
B. Corrugated Steel Pipe: Galvanized with bituminous coating or aluminized complying with AASHTO
M 36, Type I, 16 gage unless another gage is indicated on the Drawings. Joints to be any of the types
specified in AASHTO M 36. This pipe material is to be used only where indicated on the Drawings. a
2.2 ACCESSORIES
I
A. Flared End Sections: Manufactured of reinforced concrete, to similar strength and dimensions as for
pipe supplied in accordance with ASTM C 76, for Class III pipe. Joints to be as required for reinforced
concrete pipe.
2.3 METAL CASTINGS
A. Manhole Lids and Frames: Cast iron, conforming to ASTM A 48, Class 30A. Bearing surfaces between
rings and covers or frames shall be cast or machined with such precision that uniform bearing shall be
provided throughout the perimeter of the contact area. Paint with a rust inhibitive paint after
installation.
2.4 PERFORATED PLASTIC DRAIN PIPE ,
A. The four inch diameter perforated plastic drain pipe shall be corrugated polyethylene tubing, heavy duty
type, conforming to AASHTO M 252. Minimum pipe stiffness shall be 30 psi at 10 percent deflection. '
Sizes are indicated on the Drawings. Pipe shall be perforated to allow water that would collect in the
trench to enter the drain pipe and flow to the nearest drainage structure. Perforation shall be slits, not
holes. Locations of these pipes may be determined by Engineer based on field conditions or shown on
the construction plans or within the bid items. The Combination Storm Sewer and Trench Drain Detail,
for paved or non -paved areas, and the Under drain (Trench Drain) detail indicate on the Drawings the
pipe and associated construction.
City of Fayetteville 09/20/02 Page 02720-2 I
u:
j
2.5 FILTER FABRIC
A. The filter fabric shall be a nonwoven geotextile meeting the requirements of AASHTO
M 288. This.fabric shall comply with the requirements of Type 1 for Subsurface Drainage, Class A.
' Such fabric shall have a permeability of 0.34 cm/secor greater.
2.5 SOURCE QUALITY CONTROL
A. Manufacturing plant shall have a standing quality control program in place.
B. Factory testing of the specific units to be supplied for this project is not required, except as they maybe
tested as part of standing quality control policy. Engineer may require testing of specific units to be
supplied for this project if there evidence that the units supplied do not conform with the specified
standards.
'
Part 3- EXECUTION
' 3.1 STORM SEWER PIPING
A. Install storm sewer piping as described in Section 02600.
3.2 FILTER FABRIC
' A. When required (for under drain detail and the retaining wall detail), the filter fabric shall be installed as
shown on the Drawings. Care shall be taken during the placement of the granular filter material
' operation, as well as pipe installation, to prevent damage to the fabric. The granular filter material shall
be compacted by the use of a vibratory compactor to the satisfaction of the Engineer before making the
filter fabric closure at the top of the trench.
' 3.3 PERFORATED PLASTIC DRAIN PIPE
A. Provide perforated plastic drain pipe within pipe trench to assure proper drainage of embedment
material.. The location of plastic drain pipe shall be called out on the Drawings on the Combination
Storm Sewer and Trench Drain detail or as under drain installation with filter fabric. The retaining wall
detail indicates plastic drain pipe and shallbe provided in accordance with these Specifications.
B. Upstream end of drain pipe shall be fitted with a cap to prevent embedment material or soil material
from entering. The downstream end shall terminate into a drainage structure. The pipe shall be
I. installed in such a manner that continuous outflow is provided during construction. Drain pipe shall be
installed according to the details indicated on the Drawings. Only granular material such as concrete
rock or other similar material approved by the Engineer, having good drainage characteristics, shall be
used in trenches where plastic drainage pipe is used.
' End of Section 02720
I
' City of Fayetteville 09/20/02 Page 02720-3
I
1
•
I
I
Section 02840
SIGNAGE
Part I-- GENERAL
1.1 SECTION INCLUDES
A. Furnishing and installing signs of all types required, complete with bases, posts, and fastening hardware.
1.2 RELATED SECTIONS
A. Provisions for measurement and payment are specified in Section 01025.
IB. Concrete is specified in Section 03316.
I
I
I
I
I
I
L
LI
I
I
1.3 UNIT PRICES
A. Unit prices for work covered under this section are defined in Section 01025, including incidental items,
related work, method of measurement, and partial payment provisions, if any.
1.4 REFERENCES
A. Manual of Uniform Traffic Control Devices (MUTCD).
B. American Society for Testing and Materials (ASTM).
1. B 209, "Specification for Aluminum and Aluminum -Alloy Sheet and Plate".
2. B 221, "Specification for Aluminum and Aluminum -Alloy Extruded bars, Rods, Wire, Shapes,
and Tubes".
C. Arkansas Highway and Transportation Department (AHTD) "Standard Specifications for Highway
Construction", 1993 Edition, referencing the following specific sections.
1. Section 723, "General Requirements for Signs".
2. Section 725, "Guide Sign".
3. Section 726, "Standard Sign".
4. Section 729, "Channel Post Sign Support".
1.5 SUBMITTALS
A. Submit shop drawings showing arrangements and spacing of letters, symbols, and borders for each type
of sigh; support to be used with each different type of sign; and proposed method of attaching sings to
supports.
B. Certified test reports covering sign panels, reflective sheeting, and prismatic reflectors will be required
only if Engineer believes signs delivered to the site or installed do not conform to the specified
requirements.
1.6 QUALITY ASSURANCE
A. Signage materials shall be manufactured by a manufacturer regularly engaged in producing signage
materials complying with the specified standards.
I
City of Fayetteville
09/20/02
Page 02840-1
I
I
B. Installation of signs shall be accomplished with workers experienced in construction of the type of
signage specified.
Part 2- PRODUCTS
2.1 MATERIALS
I
I
A. Signs shall meet the requirements of the MUTCD, Standard Highway Signs. '
B. Colors for signs shall match colors specified in the MUTCD. Color and size of letters, symbols,
borders, and background on signs shall be as specified in the MUTCD.
C. Signs shall be made of aluminum and shall be reflectorized.
D. Standard signs shall be fabricated without stiffeners on the back, of aluminum alloy conforming to
ASTM B 209, Alloy 5052 H38, and shall consist of a single sheet of aluminum. Sign blank thickness
shall be 0.100 inch for signs 5 square feet or less; and 0.125 inch for a sign size greater than 5 square
feet. Sign blanks shall be flat and straight and within commercial tolerances established by the
aluminum industry.
E. Fabricate signs from either one piece extruded aluminum panels or extruded and welded panels. One
piece extruded aluminum panels shall be fabricated of aluminum alloy conforming to ASTM B 221,
Alloy 6063 T6. Extruded and welded aluminum panels shall be fabricated of sections of extruded
aluminum alloy stiffeners conforming to ASTM B 221, Alloy 6063 T6 welded to flat sheet aluminum
alloy conforming to ASTM B 209, Alloy 3003 H 18. Welds shall be spot welds approximately 9 inches
apart.
F. One piece extruded aluminum panels shall be a minimum of 12 inches wide, except one 6 inch panel
may be used per sign face when necessary to construct sign as indicated on the Drawings.
G. Extruded and welded sign panel sections shall be either 2 feet of 3 feet in width. Exceptions to this are
defined in AHTD Section 723.02.
H. Panels to which reflective sheeting is to be applied shall be degreased, etched, and alodized. Degreasing
shall be done by either vapor method or alkaline method. Vapor degreasing shall be accomplished by
total immersion of sign panels in a saturated vapor of trichloroethylene or perchloroetthylene. Alkaline
degreasing shall be accomplished by immersion of the sign panels in a tank containing alkaline
solutions, controlled and titrated to the solution manufacturer's recommendations. Immersion time shall
depend upon amount of soil present and the gage of the metal. Trade mark printing shall be removed
with lacquer thinner or by a controlled alkaline cleaning system.
Etching shall be done by the acid method, in accordance with the requirements of AHTD Section
723.02.
i
I
I
I
[1
I
H
I
I
J. Sign panels shall be treated by alodizing process to uniformly provide a chemically formed light and
tight amorphous coating that becomes an integral part of the aluminum alloy. This process shall be
accomplished in accordance with the recommendation of the manufacturer of the coating.
K. Fabrication, including cutting and punching of holes shall be completed prior to degreasing, etching,
alodizing, and the application of reflective sheeting.
City of Fayetteville 09/20/02 Page 02840-2
I
L. Panels shall be free of buckles, warp, dents, cockles, burrs, and defects resulting from fabrication.
Surface of panels shall be flat.
M. Reflective sheeting shall conform to AHTD Section 723.02.
N. Legend, which includes letters, numerals, symbols, arrows, and border, shall conform to AHTD Section
723.02.
O. Post sign supports shall be made of a U -section channel or galvanized steel pipe and support as
indicated on the Drawings.
Part 3- EXECUTION
3.1 EXAMINATION
A. Examine sign materials upon receipt at the site. Remove damaged sign materials.
3.2 ERECTION
A. Erect signs at the locations indicated on the Drawings.
B. Erect signs plumb and to the indicated vertical and horizontal dimensions and clearances.
C. Minimum horizontal clearance to any ground mounted sign shall be as specified in the MUTCD.
' D. Erect signs so that sign face is vertical and at 93 degrees away from center of the lane which the sign
serves and away from the direction of travel. Where lanes divide and on curves, orient sign faces so as
Ito be most effective both day and night, and to avoid possibility of specular reflection.
E. Field drill holes in sign support structure only when specified in the Drawings or as directed by-
' Engineer.
3.3 ADJUSTING
' A. After signs have been installed, Engineer will inspect signs at night. If specularreflection is apparent on
any sign, adjust sign position to eliminate this condition.
3.4 CLEANING
A. Clean installed signs of any construction dirt or dust.
1
I
I
End of Section 02840
City of Fayetteville
09/20/02
Page 02840-3
I
I
Section 02900
I
LANDSCAPING
' FART I -GENERAL
1.1 SECTION INCLUDES
' A. Furnish and install all materials and perform all landscaping work in accordance with the
Specifications, Drawings, and any instructions provided. All work completed and materials furnished
and installed shall be of the best quality and shall be in strict accordance with the intention of the
Drawings, Specifications and samples..
B. In addition to other standard provisions, also provide the following.
I. Maintenance necessary during Establishment Period.
2. Replacement in kind, or with a substitute acceptable to Engineer, of all plant materials not in a
' healthy growing condition or that has died back to the crown or beyond normal pruning limits.
3. Repair or replace any damage caused by construction; dispose of all rubbish and excess soil.
' 1.2 RELATED SECTIONS
A. Section 02100 -Site Preparation
B. Section 02161 - Excavation Safety
C. Section 02220 - Excavation and Embankment
1.3 REFERENCES
' A. American Association of Nurserymen, Inc.: American Standard for Nursery Stock
1.4 SUBMITTALS
' A. If requested, provide samples of landscaping materials to Engineer for approval.
B. Submit certification tags from trees, shrubs and seed verifying type and purity.
1.5 QUALITY ASSURANCE
A. Plants shall be measured when branches are in their normal position.
' B. Shrubs shall meet the requirements for spread, height or container size indicated in the Plant List on
the Drawings. The measurements are to be taken from the ground level to the average height of the
shrub and not to the longest branch. Height and spread dimensions specified refer to the main body
of the trees (measured from the crown of the roots to the tip of the top branch) shall be not less than
24 inches or as required by city ordinance.
C. Caliper measurements shall be taken at a point on the trunk 6 inches above natural ground line for
' trees up to 4 inches in caliper, and at a point 12 inches above the natural ground line for trees
exceeding 4 inches in caliper.
I
I
D. If a range of size is given, no plant shall be less than the minimum size, and not less than 50 percent
of the plants shall be as large as the upper half of the range specified.
E. Measurements specified are the minimum size acceptable and, where pruning is required, are the
measurements after pruning.
Li
City of Fayetteville 09/20/02 Page 02900-1
I
1.6 DELIVERY, STORAGE, AND HANDLING
A. Notify Engineer at least 48 hours in advance of the anticipated delivery date of any plant materials.
Furnish a legible copy of the invoice, showing kinds and sizes of materials included for each
shipment, to Engineer.
B. Plants transported to the project in open vehicles shall be covered with tarpaulins or other suitable
covers securely fastened to the body of the vehicle to prevent injury to the plants. Closed vehicles
shall be adequately ventilated to prevent overheating of the plants.
1.7 GUARANTEE
A. The condition of all new plant materials is the responsibility of Contractor and shall be approved by
Engineer.
B. Until final approval, replace plant materials if necessary at no additional expense of Owner.
1.8 MAINTENANCE OPERATIONS BEFORE APPROVAL
A. Plant care shall begin immediately after each plant is satisfactorily installed and shall continue
throughout the life of the contract until final acceptance of the project.
B. Care shall include, but not be limited to, replacing mulch that has been displaced by erosion or other
means, repairing and reshaping water rings or saucers, maintaining stakes and guys as originally
installed, watering when needed or directed, and performing any other work required to keep the
plants in a healthy condition.
C. Remove and replace dead, defective and/or rejected plants as required before final acceptance.
D. Restore grassed areas damaged during the process of the work to a condition satisfactory to Engineer
This may include filling to grade, fertilizing, seeding and mulching.
PART 2 -MATERIALS
2.1 PLANTS
A. The types and sizes of plants to be furnished are indicated in the Planting List on the Drawings.
B. Plant shall conform with requirements of the American Standard for Nursery Stock adopted by the
American Association of Nurserymen, Inc., and with the following additional requirements.
I
I
I
I
Li
I
I
[1
I
L
L1
I
C. Unless specifically noted otherwise, plants shall be of selected specimen quality, exceptionally heavy,
symmetrical, tightly knit, so trained or favored in development and appearance as to be superior in
form, number of branches, compactness and symmetry. Plants shall have a normal habit or sound,
healthy, vigorous plants with well developed root system.
D. Plants shall be free of disease, insect pests, eggs or larvae. '
E. Plants shall not be pruned before delivery.
F. Trees with abrasion of the bark, sun scalds, disfiguring knots or fresh cuts of limbs over 1-1/4 inches
which have not completely calloused shall be rejected.
G. Plants shall be typical of their species or variety and shall have a normal habit of growth and be
legibly tagged with the proper name. Plants shall have been grown under climatic conditions similar
to those in the locality of the site of the project under construction or have been acclimated to such
condition for at least 2 years.
H. The root system of each shall be well provided with fibrous roots. All parts shall be sound, healthy, '
vigorous, well -branched and densely foliated when in leaf.
City of Fayetteville 09/20/02 Page 02900-2
I
I. Plants designated ball and burlap (B&B) must be moved with the root systems as solid units with
balls of earth firmly wrapped with burlap. The diameter and depth of the balls of earth must be
sufficient to encompass the fibrous root feeding systems necessary for the healthy development of the
plant. No plant shall be accepted when the ball of earth surrounding its roots has been badly cracked
' or broken preparatory to or during the process of planting. The balls shall remain intact during all
operations. Plants that cannot be planted at once must be heeled -in by setting in the ground and
covering the balls with soil or mulch and then watering. Hemp burlap and twine is preferable to
' treated. If treated burlap is used, all twine is to be cut from around trunk and all burlap is to be
removed.
J. The trunk of each tree shall be a single trunk growing from a single unmutilated crown of roots. No
part of the trunk shall be conspicuously crooked as compared with nominal trees of the same variety.
K. Thickness of each shrub shall correspond to the trade classification "No.1'. Single stemmed of thin
plants will not be accepted. The side branches must be generous, well -twigged, and the plant as a
whole well -branched to the ground. The plants must be in moist condition, free from dead wood,
bruises or other root or branch injuries.
' 2.2 LOAM OR TOPSOIL
A. Place topsoil in areas indicated on the drawings or as specified herein.
B. Exterior ground within the limits of construction, except surfaces occupied by buildings and
' structures, paving, and except areas indicated to be undisturbed, shall be topsoiled.
C. Place no topsoil until subgrade has been approved. Before placing topsoil, rake subsoil surface clear
' of stones, debris, and roots. Compact topsoil to form a layer with minimum depth of 4 inches in lawn
areas and 12 inches in shrub beds. Topsoil shall be placed so that after final settlement there will be
good drainage and conforming to elevations indicated on the Drawings. Maintain surfaces and place
any additional topsoil necessary to replace that eroded before acceptance.
D. Disk, drag, harrow or hand rake subgrade to a depth of 3 inches to provide bond for topsoil. Topsoil
which must be transported across finished walks shall be delivered in such a manner that no damage
' will be done to the walks. Repair of such damage.
E. Topsoil: natural, friable, fertile, fine loamy soil possessing the characteristics of representative
topsoils in the vicinity which produces a heavy growth; free from subsoil, objectionable weeds, litter,
' sods, stiff clay, stones larger than 1 inch in diameter, stumps, roots, trash, toxic substances, or any
other material which may be harmful to plant growth or hinder planting operations. Verify amount
stockpiled and supply any additional as needed.
2.3 FERTILIZER
A. Fertilizer shall be delivered to the site, mixed as specified, in the original unopened standard size bags
' showing weight, analysis and name of manufacturer. Containers shall bear the manufacturer's
guaranteed statement of analysis or a manufacturer's certificate of compliance covering analysis shall
be furnished to Engineer. Store fertilizer in a weatherproof place and in such a manner that it shall be
' kept dry and its effectiveness shall not be impaired.
B. Percentages of nitrogen, phosphorus and potash shall be based on laboratory test recommendations as
approved by Engineer. For the purpose of bidding, assume 10 percent nitrogen, 6 percent phosphorus
' and 4 percent potash by weight. At least 50 percent of the total nitrogen shall contain no less than 3
percent water -insoluble nitrogen. At least 60 percent of the nitrogen content shall be derived from
super -phosphate containing not less than 18 percent phosphoric acid or bone meal containing 25 to 30
percent phosphoric acid and 2 to 3 percent nitrogen. Potash shall be derived from muriate of potash
containing 55 to 60 percent potash.
1
City of Fayetteville 09/20/02 Page 02900-3
I
2.4 SHREDDED HARDWOOD BARK MULCH
A. Shredded hardwood bark mulch or approved equal shall be used as a 4 inch top dressing in plant beds
and around trees planted in this project. Single trees or shrubs shall be mulched to the outside edge of
the saucer. Mulch shall be of sufficient character as not to be easily displaced by wind or water
runoff.
2.5 STAKING MATERIAL '
A. Stakes shall be 2" x 3" x 8` pressure treated wood. Three stakes per tree.
B. Wire tree staking shall be pliable No. 12 galvanized softsteelwire. '
C. Hose shall be two-ply fiber -bearing rubber garden hose, not less than 2 inch inside diameter, black or
green, and of suitable length.
2.6 WATER
A. Water shall be free of any substances that might be harmful to plants. It is not necessary to use
potable water; however, if non -potable water is used, take precautions to avoid human consumption.
2.7 LAWN SEED
A. Lawn seed mixture shall be fresh, clean new crop seed. Furnish to Engineer the supplier's guaranteed ,
statement of the composition of the mixture and the percentage of purity and germination of each
variety. Seed mixture shall be as indicated on the Drawings.
2.8 WEED MAT '
A. Weed mat shall be "Dewitt Weed Barrier" or equal. Weed mat shall be placed under all planting
areas not to be seeded, or as indicated on the Drawings. The mat shall be covered with mulch and
secured in place by soil anchors.
2.9 EROSION CONTROL BLANKET/FABRIC NETTING ,
A. Furnish and install where indicated on drawings "Curlex" blankets: by American Excelsior Company;
"Polyjute" Style 465 GT: by Synthetic Industries or equal.
B. The area to be covered shall be properly prepared, fertilized, and seeded before blanket is applied.
When blanket is unrolled, the netting shall be on top and the fibers in contact with the soil over the
entire area. In ditches the blanket shall be applied in the direction of the flow of water, butted snugly
at ends and side and stapled. On slopes, the blankets shall be applied either horizontally or vertically
to the slope. Ends and sides shall be butted snugly and stapled. Staple to manufacturer's
recommendations.
2.10 MISCELLANEOUS LANDSCAPING PRODUCTS ,
A. Provide other landscaping products referred to on the Drawings. Such products shall be new and of
good quality for the purpose intended.
PART 3 -PLANTING PROCEDURES
3.1 WEATHER CONDITIONS
A. Work must be carried out only during weather conditions favorable to landscape construction and to
the health and welfare of plants.
I
City of Fayetteville 09/20/02 Page 02900-4 ,
CJ
3.2 PROTECTION OF EXISTING PLANTS
Li
I
I
I
I
A. Before commencing work, trees and shrubs which are to be saved must be protected from damage by
the placement of fencing flagged for visibility or some other suitable protective procedure approved
by Engineer. No work may begin until this requirement is fulfilled.
B. In order to avoid damage to roots, bark or lower branches, no truck or other equipment shall be driven
or parked within the drip line of any tree, unless the tree overspreads a paved way.
C. Use precautionary measures when performing work around trees, walks, pavements, utilities.
D. Adjust depth of earthwork and loaming when working immediately adjacent to any of the
aforementioned features in order to prevent disturbing tree roots, undermining walks and pavements,
and damage in general to any existing or newly incorporated item. -
E. Evidence of inadequate protection following digging, carelessness while in transit, or improper
handling or storage shall be cause for rejection. All plants shall be kept moist, fresh, and protected.
Such protection shall encompass the entire period during which the plants are in transit, being
handled, or are in temporary storage.
I. F. Where excavating, fill, or grading is required within the branch spread of trees that are to remain, the
work shall be performed as follows.
1. Trenching: When trenching occurs around trees to remain, the tree roots shall not be cut but the
trench shall be tunneled under or around the roots by careful hand digging and without injury to
the roots.
' 2. Raising Grades: When the existing grade at tree is below the new finished grade, and fill not
exceeding 16 inches is required, clean, washed gravel graded from I to 2 inches in size shall be
placed directly around the tree trunk. The gravel shall extend out from trunk on all sides a
' minimum of 18 inches and finish approximately 2 inches above the finished grade at tree. Install
gravel before any earth fill is placed. New earth fill shall not be left in contact with the trunks of
any trees requiring fill. Where fill exceeding 16 inches is required, a dry laid tree well shall be
' constructed around the trunk of the tree. The tree well shall extend out from the trunk on all
sides a minimum of 3 feet and to 3 inches above finish grade. Coarse grade rock shall be placed
directly around the tree well extending out to the drip line of the tree. Clean, washed gravel
graded from 1 to 2 inches in size shall be placed directly over the coarse rock to a depth of 3
' inches. Approved backfill material shall be placed directly over the washed gravel to desired
finished grade.
' 3. Lowering Grades: Existing trees in areas where the new finished grade is to be lowered shall
have regrading work done by hand to elevation as indicated. Roots as required shall be cut
cleanly 3 inches below finished grade and scars covered with tree paint.
P4. Trees marked for preservation that are located more than 6 inches above proposed grades shall
stand on broad rounded mounds and be graded smoothly into the lower level. Trees located
more than 16 inches above proposed grades shall have a dry laid stone wall, or other retaining
' structure as detailed on the plans, constructed a minimum of 5 feet from the trunk. Exposed or
broken roots shall be cut clean and covered with topsoil.
3.3 PLANTING COORDINATION
A. Inform Engineer of the date when the planting shall commence and of the anticipated delivery date of
the material.
' B. Failure to notify Engineer in advance of order to arrange proper scheduling may result in loss of time
or rejection of a plant or plants not installed as specified or directed.
City of Fayetteville 09/20/02 Page 02900-5
LJ
3.4 DIGGING AND HANDLING
A. Bare rooted shrubs shall be dug with adequate fibrous roots. Roots of these plants shall be covered
with a uniformly thick coating of mud by being puddled immediately after they are dug, or packed in
moist straw, or moss.
B. Balled and burlapped plants shall be dug with firm natural balls of earth of sufficient diameter and
depth to include most of the fibrous roots.
I
I
I
C. Roots or balls of all plants shall be adequately protected at all times from the sun and from drying
winds. '
D. All balled and burlapped plants which cannot be planted immediately upon delivery shall be set on
the ground and shall be well protected with soil, wet moss or other acceptable material. Bare rooted
plants which cannot be planted immediately shall be heeled -in upon delivery. All shall be kept moist.
E. Bundles of plants shall be opened and the plants separated before the roots are covered. Care shall be
taken to prevent air pockets among the roots.. During planting operations, bare roots shall be covered
with canvas, hay or other suitable material. No plant shall be bound with wire or rope at any time so
as to damage the bark or break the branches.
3.5 FERTILIZING '
A. Grass or sodded areas shall have fertilizer applied in two applications with a thorough watering
immediately following application. The first application shall be one week before the seeding at the
rate of 35 pounds per 1,000 square feet harrowed. into the top 2 inches of seed bed. The second
application shall be done at the rate of 25 pounds per 1,000 square feet, immediately following the
second mowing. '
3.6 TREES AND SHRUB PLANTING OPERATIONS
A. Planting operations shall be performed at a steady rate of work unless weather conditions make it
impossible to work. No plant material shall be planted in frozen ground. '
B. Provide sufficient tools and equipment required to carry out the planting operation.
C. Plants too large for two men to lift in and out of holes shall be placed with a sling. Do not rock trees
in holes to raise.
D. Soil mix for plant holes is specified in Paragraph 2.2.
E. If rock or other underground obstruction is encountered, Engineer may require plant pits to be '
relocated, the pits enlarged or the plants deleted from the Work.
F. Locations containing unsuitable subsoil shall be treated in one of the following manners.
1. Where unsuitability within the construction site is deemed by Engineer to be due to excessive
compaction caused by heavy equipment or by the presence of boards, mortar, concrete or other '
construction materials in sub -grade, and where the natural subsoil is other than AASHTO
classification of A6 or 7, loosen such areas with spikes, dicing, or other means to loosen the soil
to a condition suitable for planting. Remove all debris and objectionable material. Soil should
be loosened to a minimal depth of 12 inches with additional loosening as required to obtain
adequate drainage. Introduce peat moss, sand, or organic matter into the subsoil to obtain
adequate drainage if desired. Such remedial measures shall be considered as incidental to the
work and no extra payment shall be made for this part of the work.
2. Where sub -grade is deemed by Engineer to be unsuitable because the natural subsoil falls into an
AASHTO classification of A6 or 7 and contains moisture in excess of 30 percent, then such a
condition shall be rendered suitable by installation of a sub -drainage system or by other means
described elsewhere in these specifications. Where such conditions have not been known or
revealed prior to planting time and where they have not been recognized in the preparation of
City of Fayetteville 09/20/02 Page 02900-6
I
I
I
I
I
I
I
I
J. Plants shall be planted in the center of the holes and at the same depth as they previously grew. Loam
' shall be backfilled in layers of not more than 8 inches and each layer watered sufficiently to settle
before the next layer is put in place. Loam shall be tamped under edges of balled plants. Enough
topsoil shall be used to bring the surfaces to finish grade when settled.
1. A saucer shall be provided around each plant as shown on the Drawings.
2. Plants shall be soaked with water twice within the first 24 hours of time of planting. Water shall
I. be applied with low pressure so as to soak in thoroughly without dislodging the topsoil.
3. Approved weed mat shall be placed under all areas to be covered with mulch. Secure weed mat
in place with a soil anchor, then cover with mulch.
' 4. A 3 inch layer (after settlement) of mulch or approved equal shall be applied directly on top of
weed mat to the entire area of each saucer or planting bed.
' 3.7 PLANT BED EXCAVATIONS
A. Excavate tree pits and plant beds to the depth indicated on the Drawings.
3.8 MAINTENANCE DURING CONSTRUCTION
'
A. Maintenance shall begin immediately after planting. Plants shall be watered, mulched, weeded,
pruned, sprayed, fertilized, cultivated, and otherwise maintained and protected until provisional
' acceptance. Settled plants shall be reset to proper grade and position, planting saucer restored and
dead material removed. Stakes and wires shall be tightened and repaired. Defective work shall be
corrected as soon as possible after it becomes apparent and weather and season permit.
B. If a substantial number of plants are sickly or dead at the time of inspection, acceptance shall not be
granted. Maintenance of plants shall then be extended until replacements are made.
C. Replacements shall be plants of the same kind and size indicated on the Plant List on the Drawings.
' They shall be furnished and planted as specified above at no additional cost to Owner- Replacements
resulting from removal, loss, or damage due to occupancy of the project in any part, vandalism,
physical damage by animals, vehicles, etc., and losses due to curtailment of water by local authorities
shall be approved and paid for by Owner.
D. Plants shall be guaranteed for a period of one year after inspection and provisional acceptance.
' E. At the end of the Establishment Period, inspection shall be made again. Any plant required under this
City of Fayetteville 09/20/02 Page 02900-7
Contract Document, then Engineer shall issue a change order to install the proper remedial
measures.
G. Adjustments in locations and outlines shall be made as directed. In the event that pits or areas for
planting_are prepared and backfilled with topsoil to grade prior to commencement of lawn operations,
they shall be so marked that when the work of planting proceeds, they can be readily located. In case
underground obstructions such as ledges or utilities are encountered, location shall be changed under
the direction of Engineer without charge.
H. Holes for trees shall be at least 2 feet greater in diameter than the spread of the root system and as
deep as the root ball. Holes for shrubs and vines shall be at least 12 inches greater in diameter than
the spread of the root system and at least as deep as the root ball.
To the topsoil in the backfilling of tree holes and shrub beds, there shall be added as the progress of
the work permits, manure as herein specified, ground limestone if soil tests indicate it is needed, and
commercial fertilizer at the rate of 3 pounds for tree up to 3 inches in caliper, 1 pound per 1 inch in
caliper for larger trees, 6 ounces for small shrubs and 8 ounces for each shrub 4 feet or greater.
Ground limestone and manure shall be omitted in the case of acid soil plants. The manure, limestone
and fertilizer shall be thoroughly mixed with the topsoil in the planting operation, care being taken
that the manure does not come in immediate contact with the roots.
I
contract that is dead or unsatisfactory to Owner shall be removed from the site. These shall be
replaced during the normal planting season.
3.9 SEEDING
A. All exterior ground within the limit of contract, except surfaces occupied by buildings and structures _
and paving, except areas indicated to be undisturbed, shall be seeded or planted as indicated on the
Drawings.
B. Furnish topsoil, finish grading, prepare seed bed, seed and maintain areas as indicated on the
Drawings. Special attention must be given to those areas of slope greater than 3:1. Notify Engineer if
extreme slopes present difficulty in bed preparation, top soil placement or materials prescribed.
C. Seed Bed Preparation - Grade areas to fmish grades, filling as needed or removing surplus dirt and
floating areas to a smooth, uniform grade as indicated on grading plans. All lawn areas shall slope to
drain. Where no grades are shown, areas shall have a smooth and continual grade between existing or
fixed controls (such as walks, curbs, catch basin, elevational steps or building) and elevations shown
on the Drawing. Roll, scarify, rake and level as necessary to obtain true, even lawn surfaces. Finish
grades shall meet approval of Engineer before grass seed is sown. Loosen soil to a depth of 6 inches
in lawn areas by approved method of scarification and grade to remove ridges and depressions.
Remove stones or foreign matter over 2 inches in diameter from the top 2 inches of soil. Float lawn
areas to approximately finish grades.
D. Seed beds should be permitted to settle or should be firmed by rolling before seedings are made.
E. Seeding shall not be performed in windy weather.
F. Seeding shall be done in two directions at right angles to each other. '
G. Lawn areas shall be seeded by sowing evenly with an approved mechanical seeder at the rate of a
minimum of 5 pounds per 1,000 square feet. Culti-packer or approved similar equipment may be
used to cover the seed and to form the seed bed in one operation. In areas inaccessible to culti-packer,
the seeded ground shall be lightly raked with flexible rakes and rolled with a water ballast roller.
After rolling, seeded areas are to be lightly mulched with wheat straw. Wheat straw shall not be
secured in place with an asphalt emulsion or other petroleum based product.
H. If the project completion date prohibits in -season planting, prepare for out -of -season seeding or
sodding so that lawns shall be completed and ready for acceptance at time of project completion,
without additional cost to Owner. Lawn maintenance shall be the same as for other planting.
I. Maintain lawns for at least 30 days after sodding and 60 days after seeding, or as long as is necessary
to establish a uniform stand of the specified grasses, or until substantial completion of the project or
until acceptance of lawns, whichever is later.
J. In the event that lawn operations are completed too late in the Fall for adequate germination and
growth, maintenance shall continue into the following growing season or until a uniform stand of the
specified grasses has been established.
K. Water seeded areas twice the first week to a minimum depth of 6 inches with a fine spray and once
per week thereafter as necessary to supplement natural rain to the equivalent of 1 inch or to a 6 inch
depth.
L. The surface layer of soil for seeded areas must be kept moist during the germination period. After
first cutting, water as specified above.
M. Make weekly inspections to determine the moisture content of the soil and adjust the watering
schedule established by the irrigation system installer to fit conditions. '
N. After grass growth has started, all areas or parts of areas which fail to show a uniform stand of grass
for any reason whatsoever shall be reseeded in accordance with the Drawings and as specified herein.
City of Fayetteville 09/20/02 Page 02900-8
I
7
L
Li
I
I
I
H
n
I
I
rI
Li
7
I
Such areas and parts of areas shall be reseeded repeatedly until all areas are covered with a
satisfactory growth of grass at no additional cost to Owner.
O. Watering shall be done in such a manner and as frequently as is necessary to assure continued growth
of healthy grass. Water in such a way as to prevent erosion due to excessive quantities applied over
small areas and to avoid damage to the finished surface due to the watering equipment.
P. Water for the execution and maintenance of this work shall be provided by the Contractor.
Q. Mowing of the seeded areas shall be initiated when the grass has attained a height of 12 to 2 inches.
Grass height shall be maintained between I and 12 inches at subsequent cuttings depending on the
time of year. Not more than 1/3 of the grass leaf shall be removed at any cutting and cutting shall not
occur closer than 10 days apart.
R. When the amount of grass is heavy, it shall be removed to prevent destruction of the underlying turf.
If weeds or other undesirable vegetation threaten to smother the planted species, such vegetation shall
be mowed or, in the case of rank growths, shall be uprooted, raked and removed from the area.
S. Protect seeded area against trespassing while the grass is germinating. Furnish and install fences,
signs, barriers or any other necessary temporary protective devices. Damage resulting from trespass,
erosion, washout, settlement or other causes shall be repaired at no expense to Owner.
T. Remove fences, signs, barriers or other temporary protective devices after final acceptance.
End of Section 02900
1
City of Fayetteville 09/20/02 Page 02900-9
L1
I
I
I
I
I
I
J
I
I
I
Ii
I
I
7
I
Section 03210
REINFORCING STEEL
PART I -GENERAL
1.1 SCOPE
A. This Section
covers
the work necessary to furnish
and install, complete,
the reinforcing steel and
welded wire
fabric.
1.2 GENERAL
A. See CONDITIONS OF THE CONTRACT and Division 1, GENERAL REQUIREMENTS, which
contain information and requirements that apply to the work specified herein and are mandatory for
this project.
1.3 SUBMITTALS DURING CONSTRUCTION
A. Submittals during construction shall be made in accordance with Section 01300, SUBMITTALS
DURING CONSTRUCTION, in Division 1, GENERAL REQUIREMENTS.
1. Bending Lists
2. Placing Drawings
PART 2- MATERIALS
2.1 DEFORMED REINFORCING BARS
A. Deformed billet -steel bars conforming to ASTM A615, Grade 60, unless otherwise noted.
2.2 WELDED WIRE FABRIC
A. See Drawings to determine size used, if applicable.
2.3 ACCESSORIES
A. Tie wire shall be 16 -gauge, black, soft -annealed wire. Bar supports shall be of proper type for
intended use. Bar supports in beams, columns, walls, and slabs exposed to view after stripping shall
be small rectangular concrete blocks made up of the same color and same strength concrete being
placed around them. Use concrete supports for reinforcing in concrete placed on grade. Conform to
requirements of "Placing Reinforcing Bars" published by CRSI.
PART3-EXECUTION
3.1 GENERAL
A. Conform to "Placing Reinforcing Bars", Recommended Practices, Joint Effort of CRS I-WCRSI,
prepared under the direction of the CRSI Committee on Engineering Practice.
B. Notify the Engineer when reinforcing is ready for inspection and allow sufficient time for this
inspection prior to casting concrete.
3.2 DELIVERY AND STORAGE
A. Deliver steel with suitable hauling and handling equipment. Tag steel for easy identification. Store to
prevent contact with the ground. The unloading, storing, and handling bars on the job shall conform
to CRSI publication "Placing Reinforcing Bars".
City of Fayetteville
09/20/02
Page 03210-1
I
3.3 PLACING REINFORCING STEEL - CLEANING
LI
A. Clean metal reinforcement of any loose mill scale, oil, earth and other contaminants.
3.4 STRAIGHTENING AND REBENDING REINFORCING STEEL
A. be not -straighten or rebend metal reinforcement. Where construction access through reinforcing is a
problem, bundling or spacing of bars instead of bending shall be used. Submit details and obtain
Engineer's review prior to placing.
3.5 PROTECTION, SPACING, AND POSITIONING OF REINFORCING STEEL
A. Conform to the current edition of the ACI Standard Building Code Requirements for Reinforced
Concrete (ACI 318), reviewed placing drawings and design drawings.
3.6 REINFORCING STEEL - LOCATION TOLERANCE
A. Conform to the current edition of "Placing Reinforcing Bars" published by Concrete Reinforcing
Steel Institute and to the Details and Notes on the Drawings.
3.7 SPLICING
A. Conform to Drawings and current edition of ACI Code 318. Splices in adjacent bars shall be
staggered.
3.8 TYING DEFORMED REINFORCING BARS
A. Conform to the current edition of "Placing Reinforcing Bars" published by Concrete Reinforcing
Steel Institute and to the Details and Notes on the Drawings.
3.9 REINFORCEMENT AROUND OPENINGS
A. Place an equivalent area of steel around the pipe or opening and extend on each side sufficiently to
develop bond in each bar. Where welded wire fabric is used, provide extra reinforcing using fabric or
deformed bars.
3.10 WELDING REINFORCEMENT
A. Welding shall not be permitted unless the Contractor submits detailed shop drawings, qualifications,
and radiographic nondestructive testing procedures for review by the Engineer. The Contractor shall
obtain the results of this review prior to proceeding. The basis for the Contractor submittals shall be
The Structural Welding Code, Reinforcing Steel, AWS D1.4-79, published by the American Welding
Society and the applicable portions of ACI 318, current edition. The Contractor shall test 10 percent
of all welds using radiographic, nondestructive testing procedures referenced in this code.
3.11 PLACING WELDED WIRE FABRIC
A. Welded wire fabric shall be placed at mid -depth of slab. Do not leave on ground.
3.12 FIELD BENDING
A. Field bending of reinforcing steel bars is not permitted when rebending will later be required to
straighten bars. Rebending of bars at the same place where strain hardening has taken place due to
the original bend will damage the bar. Consult with the Engineer prior to any pour if the contractor
foresees a need to work out a solution to prevent field bending.
3.13 PAYMENT
A. Payment for the work in this Section will be included as part of the applicable Concrete structure bid
item stated in the Contractor's Proposal. No separate payment will be made of reinforcing steel.
End of Section 03210
C
C
I
I
I
I
I
I
I
I
I
I
City of Fayetteville 09/20/02 Page 03210-2
I
Section 03316
MISCELLANEOUS CONCRETE WORK
PARTI-GENERAL
1.1 SCOPE
A. This section covers cast in place concrete and reinforcing steel used in the construction of drop inlets,
headwalls, drainage structures, curb and gutter, sidewalks and access ramps, ditch paving, manhole
adjustments, water valve adjustments, thrust blocks, pipe bedding, concrete pads around valve and meter
boxes, guard rail footings, and concrete encasement. This section also includes flowable fill for pipe
trenches.
I
I
I
r
I
I
C
I
I'
I
C
I
1.2 RELATED WORK
A. Quality control is specified in Section 01400.
B. Cast -in -place manholes are specified in Section 02601.
C. Fire hydrant blocking is specified in Section 02644.
D. Pipe laying and encasement is specified in Section 02600.
E. Storm sewer system is specified in Section 02720.
F. Guard rails is specified in Section 02805.
G. Utility sleeves is specified in Section 02605.
1..3 REFERENCES
A. ASTM Standards
1. A 185, "Steel Welded Wire Fabric, Plain, for Concrete Reinforcement"
2. A 615, "Deformed and Plain Billet Steel for Concrete Reinforcement"
3. C 31, "Standard Method of Making and Curing Concrete Test Specimens in the Field"
4. C 33, "Concrete Aggregates"
5. C 39, "Standard Test Method for Compressive Strength of Concrete"
6. C 143, "Standard Test Method for Slump of Portland Cement Concrete"
7. C 150, "Standard Specification for Portland Cement"
8. C 172, "Standard Method of Sampling Fresh Concrete"
9. C 231, "Standard Test Method for Air Content of Freshly Mixed Concrete by the Pressure Method"
10. C 260, "Air Entraining Admixtures for Concrete"
1.4 SUBMITTALS
A. Submittals are not required for concrete work unless requested by Engineer. If requested, submit
drawings and data as follows. It is anticipated that these will only be required to be submitted if field
observations indicate to Engineer that the Work is not progressing according to the Contract Documents.
1. Manufacturer's data for reinforcing steel.
City of Fayetteville
09/20/02
Page 03316-1
[1
2. Manufacturer's data for admixtures and curing compound.
3. Mix design for concrete and flowable fill.
4. Reinforcing placement drawings.
1.5 QUALITY ASSURANCE
I
j
I
A. Concrete shall be provided by a ready mix plant that has been in operation sufficient time to have a
proven record of supplying concrete mixtures that perform satisfactorily. Ready mix plant shall have a
current AHTD approval.
B. Concrete work, including formwork and reinforcing steel placement, shall be accomplished by workers
experience in the type of work being performed.
PART 2 -PRODUCTS
2.1 CEMENT ,
A. Cement shall be Portland Cement conforming to the requirements of ASTM C 150, Type I or IA. Type
III or IRA Portland Cement, high early strength, maybe used if approved by Engineer; any extra cost will
be borne by Contractor.
2.2 AGGREGATE
A. Coarse aggregates shall consist of crushed stone or gravel and shall comply with the following grading
requirements when tested according to AASHTO T 27:
Class A, B, or Special Concrete:
Sieve Percent Passing
1'/a" 100
1" -
'/:' 35-75
%' -
'/e" 10-30
#4 0-5
#8 -
B. Fine aggregates shall consist of clean, sound, sand conforming to ASTM C 33, and graded as follows: '
Sieve Percent Passing
100
#4 95-100
#8 70-95
#16 45-85
#30 20-60
#50 5-30
#100 0-5
'
City of Fayetteville 09/20/02 Page 03316-2
1 - 2.3 WATER
' A. Water used in mixing concrete and mortar shall be potable water and shall be free from injurious amounts of acids, alkalies, oils, sewage, and organic matter.
' 2.4 REINFORCING STEEL
A. Reinforcing steel shall be either deformed bars or welded wire fabric, as indicated on the Drawings. The
steel shall conform to the following.
Deformed bars ASTM A 615, Grade 60
Welded wire fabric ASTM A 185, Grade 65
2.5 CURING COMPOUND
A. W.R. Meadows 1600 White, or an approved equal.
2.6 CONCRETE COMPOSITION AND STRENGTH REQUIREMENTS
A. Concrete shall be either Class A or Class B, and shall be composed of Portland cement, fine and coarse
aggregate and water proportioned in keeping with the following:
Note: Concrete other than Class A or Class B are not listed below and shall be noted on the drawings and
' those mixes shall have a mix design submitted that will meet the specified minimum compressive strength
and/or other specified requirements.
'• Class "A" Concrete Class "A" Concrete Class B" Concrete
(Sidewalks)
Minimum Sacks of Cement 5.5 5 5
(per Cubic Yard)
Max Water (gallons per sack) 6 5 6
Slump (inches) 2 - 4 (w/ vibration) 2 - 4 (w/ vibration) 2 - 4 (w/ vibration)
I- 2 (for 1— 2 (for 1- 2 (for
construction with construction with construction with
extrusion machine) extrusion machine) extrusion machine)
Air Entrainment (percent) 5.5 +1- 1.5 6.0 +/-2.0 5.5 +1- 1.5
Water -cement ratio shall not exceed 0.49.
' Flowable Fill
Minimum Cementious Material Oh) 300 total Cement (80-100) / Fly Ash (220-300)
' (per Cubic Yard)
Sand Variable to equal one cubic yard
' Water Approximately 65 gallons
Air Entrainment (percent) 15 +/- 1.5
City of Fayetteville 09/20/02 Page 03316-3
I
B. Air -entraining agents, if used, shall conform to ASTM C 260. The total air content (entrained and
entrapped air) shall be 5.5 percent plus or minus 1.5 percent for concrete, 6.0 percent plus or minus 2.0
for sidewalks, and 15 percent plus or minus 1.5 for flowable fill. ,
C. Proportioning of concrete shall be by weight except that water maybe measured by volume. A one cubic
foot sack of Portland Cement will be considered as weighing 94 pounds.
D. Class A concrete made with ordinary Portland cement shall have a minimum compressive strength at 28
days of 3500 psi except for sidewalks which shall have a minimum compressive strength at 28 days of
4000 psi. Class B concrete made with ordinary Portland cement shall have a minimum compressive
strength at 28 days of 3000 psi. If made with high early strength cement, those strengths shall be attained
at the end of 7 days. Other strengths may be specified on Drawings or in these specifications. Plowable
fill shall have a minimum compressive strength at 28 days of 200 psi and shall meet the requirements of
AR'I'D Section 206.
2.7 JOINT COMPOUNDS
A. Expansion joints: asphalt impregnated fiberboard, meeting requirements ofAASHTO M 213. Expansion '
joints shall be left 1/2" lower than grade or trimmed 1/2" lower and filled with silicone sealer or other
sealer approved by the Engineer to finish grade.
B. Contraction (i.e. saw cut) joints: one part silicone formulation that does not require a primer for bond to
concrete. Compound shall be compatible with concrete. Acetic acid cure sealants are not acceptable.
Provide product of a manufacturer listed on the AHTD approved materials provider list.
1
PART 3 - EXECUTION
3.1 REINFORCING STEEL '
A. Steel reinforcing shall be free from rust, scale, and from mortar, dirt, or other objectionable coatings. It
shall be placed accurately in accordance with details shown on the Drawings and with rebar detail
drawings, and properly secured in position.
3.2 READY -MIX CONCRETE '
A. Ready -mix concrete shall be delivered and placed within one hour after all materials, including mixing
water, shall have been placed in the mixing drum. Each batch shall be accompanied by a load ticket with
a copy for Engineer showing the concrete type, mixing proportions, and time mixing began.
3.3 VIBRATION '
A. Structural concrete shall be compacted by vibration as it is placed. The use of form vibrators is not
acceptable. Internal vibrators shall be capable of transmitting vibration to the concrete at frequencies not
less than 4,500 impulses per minute. Duration of vibration shall be limited to the time necessary to
provide satisfactory consolidation without causing segregation. The vibrator shall not be inserted into
lower courses previously vibrated. Vibrators shall be applied in a substantially vertical position and at
uniformly spaced points not further apart than the visible effectiveness of the vibrator. Vibration shall be
supplemented by such spading as Engineer may require. Concrete in pipe foundations need not be
vibrated if other methods produce satisfactoryresults. Slump of concrete shall be the minimum practical.
When vibration is used to consolidate concrete, slump shall not exceed 4 inches.
City of Fayetteville 09/20/02 Page 03316-4
3.4 FINISHING
' A. Surface finishes shall be classified as follows:
I. Class 1. Ordinary Surface finish.
Class 2. Rubbed finish.
Class 3. Sprayed finish.
Class 4. Exposed Aggregate finish.
Class 5. Tined Concrete Pavement.
Class 6. Broomed finish.
B. All concrete shall be given a Class I finish. Immediately following the removal of forms, fins and
irregular projections shall be removed from all surfaces. On all surfaces, the cavities produced by form
ties and all other holes, broken comers or edges, and other defects shall be thoroughly cleaned, and
patched. In addition, further finishing maybe required as specified.
C. All exposed surfaces of structures shall be given a Class 2 finish.
' D. Curb and gutter, integral curb, drop inlet tops, sidewalk, access ramps, driveways, medians and ditch
paving shall be given a Class 6 finish.
1 E. Concrete pavement shall be given a Class 5 finish.
IF. Drive and street repairs shall be finished to match existing drives and streets.
3.5 CURING
A. Immediately after placement, protect concrete from premature drying, excessively hot or cold
temperatures, and mechanical injury.
B. Cure concrete for at least 7 consecutive days. Cure unformed surfaces by one or the following methods.
1. Cover surface.with moist fabric so that a film of water remains on the surface throughout the curing
period.
2. Cover surface with curing paper and seal with tape.
3. Apply a uniform coat of liquid curing and sealing compound in accordance with manufacturer's
6 CURB Ainstructions.
' 3.ND GUTTERS
IA. Shape subgrade to required depth below finished surface, and compact to a firm, even surface. Remove
soft and yielding areas and replace with suitable material and compact. Proof roll as specified in section
02220. Spread base course material as indicated on the Drawings.
' B. Construct forms of metal or wood, free from warp, and of sufficient strength to resist springing during
concrete pouring. Stake and brace and hold firmly to required lines and grades. Clean and oil forms
' before concrete is placed. Face forms or templates matching the shape of the planned curb are required
when an extrusion machine is not used.
C. Curb and gutters shall be poured as a monolithic structure, according to the lines and grades and details
indicated on the Drawings. A combination of extrusion machine and hand pouring shall be used as best
suits the Work. Extrusion machine shall be the type that can be adjusted to provide the types and
dimensions of curbs indicated on the Drawings.
City of Fayetteville 09/20/02 Page 03316-5
I.
D. Vibrate and spade until mortar entirely covers the surface. Finish smooth and even by means of a wooden
float. Round edges as indicated on the Drawings while concrete is still plastic. Remove face fors as
soon as practicable. Finish face by rubbing with a wood float until it is smooth, then brush fmish with a
broom. Plastering will not be permitted. Fill minor defects with cement mortar applied with a wood float.
E. Install expansion joints in curb and gutters at stationary structures and at ends of curb returns. Expansion
joints shall be 2 inch thick and shall be filled with joint filler shaped to the cross sectionof the curb and
constructed at right angles with the curb line.
Saw cut contraction joints every 15 feet, to be 1/8 to 3/8 inch by 1- 1/2 inches. Saw cut at right angles to
curb line. Fill with joint seal.
F. Cure as described elsewhere in this section.
G. Maximum variation from indicated grades shall be 3/8 inch in 10 feet. '
3.7 SIDEWALKS AND ACCESS RAMPS
A. Excavate and/or fill subgrade to the required elevation; compact to a firm, even surface; proof roll as
specified in Section 02220; remove soft and yielding material; replace with suitable material; and compact
entire subgrade.
B. Construct forms of metal or wood, free from warp, and of sufficient strength to resist springing during
concrete pouring; stake, brace and hold firmly to required lines and grades; clean and oil forms before
concrete is placed; face forms or templates matching the shape of the planned curb which are required
when an extrusion machine is not used.
C. Construct concrete sidewalks and access ramps according to the lines, grades, and details indicated on the
Drawings. As far as practical, sidewalks shall be continuously poured. Access ramps shall be poured
monolithically. Consolidate concrete material to prevent honeycombing. Strike off top with a straightedge
and tamp or vibrate sufficiently to bring mortar to surface.
D. Sidewalks and access ramps shall have a non -slip broom finish.
E. Provide tool joints, saw joints, and expansion joints where indicated on the Drawings. Expansion joints
shall be at least 1/2 inch wide, spaced as indicated on the Drawings and between sidewalk and all
stationary structures. Fill with joint filler. Provide 1/2 inch expansion joint material (AASHTO M 213)
between curb and sidewalk, and between curb and access ramp.
3.8 DRAINAGE STRUCTURES
A. Reinforced box culverts, retaining walls, drop inlets, junction boxes,.drop inlet extensions, headwalls, and
other drainage structures shall be constructed with reinforced concrete, as shown on the Drawings.
B. Concrete shall not be placed until the Engineer or Engineer's representative has observed the forms and
placement of reinforcement.
C. The concrete floors of nonmonolithic structures shall be placed at least 24 hours before beginning
construction of the walls. A longer period of time may be required if weather conditions make it
necessary.
City of Fayetteville 09/20/02 Page 03316-6
I
I
I
D. Curing is described in 3.5.
I
Li
Li
1J
[1
I
II
E. Walls shall be constructed to form a tight joint with the floor and around pipes. Pipes shall be cut flush
with the inside surfaces of the wall.
F. Faces of drop inlets and drop inlet extensions shall match the curb face slope and alignment. Box culverts
headwalls shall be parallel with the road centerline. Box culvert wingwall alignment and/or dimensions
may vary from the Plans to best fit field conditions.
G. The rings or frames shall be set accurately to the finished elevations so that subsequent adjustments will
be not necessary.
H. Backfill for drop inlets, extensions, and headwalls may be permitted after concrete has cured for48 hours
and concrete has attained 75% of the minimum compressive strength, if the Contractor takes
responsibility for the structure maintaining its integrity. Otherwise, backfill may commence when
concrete test cylinders attain the minimum compressive strength for that structure. Backfill within the
roadway embankment and immediately adjacent to bridge abutments, culverts, retaining walls, or other
places inaccessible to rollers, shall be placed in approximately 6" horizontal layers, loose measurement, at
near optimum moisture content and compacted with mechanical equipment to 95% of the maximum
density as determined by AASHTO T 99. The specified density will not be required immediately
adjacent to wingwalls of box culverts. The backfill in front of such units shall be placed first to prevent
the possibility of forward movement. Special precautions shall be taken to prevent wedging action against
the concrete, and the slope bounding the excavation for abutments and wingwalls shall be stepped or
roughened to prevent wedge action.
No backfill shall be placed against abutments, retaining walls, or box culverts until the concrete has cured
for at least 14 days or until test cylinders show the minimum strength has been obtained.
Structures shall be cleaned of any accumulation of silt, debris, or foreign matter of any kind, and shall be
reasonably free of such accumulations during construction and at job completion.
J. Drop inlets shall steps when height measurement form the footing to the top the structure (top of ring and
lid) is four feet or more. These steps shall be ICM S-700 (Polypropylene Plastic), or approved equal.
3.9 DRIVEWAYS & MEDIANS
A. Portland cement concrete driveways and medians shall be constructed in one course on the prepared
subgrade or on a completed and accepted base course or asphalt course in accordance with these
specifications and in conformity with the lines, grades, thickness, and detail/typical cross section shown
' on the Drawings.
B. Expansion material shall be placed between the curb and driveway and any existing portion of driveway.
' The joint filler shall be 1/2 inch thick and meet the requirements ofAASHTO M 213. The top 1/2 inch of
the expansion joint shall be filled with silicone sealer, or other sealer approved by the Engineer flush, with
the surface.
C. Curing is described in 3.5.
ID. Forms shall be constructed of metal or wood, free from warp, and of sufficient strength to resist springing
during the process of depositing concrete. They shall be securely staked, braced, set, and held firmly to
the required line and grade. Forms shall be cleaned and oiled before concrete is placed against them.
1
City of Fayetteville 09/20/02 Page 03316-7
I
E. The concrete shall be deposited in the forms upon a wetted subgrade to such depth that when it is
compacted and finished, the top will be the required elevation. The concrete shall be thoroughly
compacted and the edges along the forms spaded to prevent honeycomb. The top shall be struck off with
a straightedge after which it shall be finished with a float to a smooth and even surface. Edges shall be
founded with a 1/2 inch radius edger.
3.10 DITCH PAVING
3.11
I
A. Concrete ditch paving shall be accordance with these specifications and in conformity with the locations,
lines, and grades shown on the Drawings, or as directed.
B. The subgrade shall be
excavated or filled to the
required
grade. Soft and yielding material shall be
removed and replaced
with suitable material and
the entire
'
subgrade shall be thoroughly compacted.
C. Forms shall be constructed of metal or wood, free from warp, and of sufficient strength to resist springing
during the process of depositing concrete. They shall be securely staked, braced, set, and held firmly to
the required line and grade. Forms shall be cleaned and oiled before concrete is placed against them.
D. The concrete shall be deposited in the forms upon a wetted subgrade to such depth that when it is
compacted and fmished, the flow line shall be at the required elevation and the sides at required widths,
slopes, and thicknesses. The concrete shall be thoroughly compacted and the edges along the forms
spaded to prevent honeycomb. The flow lines and sides shall be struck off with a straightedge and
tamped sufficiently to flush mortar to the surface, after which it shall be finished with a wood float to a
smooth and even surface. The final surface shall be broomed. Edges shall be rounded with a 2 inch
radius edger.
E. Transverse joints shall be sawn at ten foot intervals measured longitudinally along the flow line. The
depth of the joints shall be 1/4 of the slab thickness.
F. Immediately after the forms have been removed, the spaces on each side of the paving shall be backfilled
with suitable material and compacted with mechanical equipment. Two feet of solid sodding shall be
placed adjacent to the ditch.
G. When a section of ditch paving terminates at a structure, a 1/2 inch thick expansion joint conforming to
AASHTO M 213 shall be provided. Expansion material shall be provided at 50 foot intervals. This
expansion material shall be constructed a 1/2 inch below surface and this 1/2 inch shall be filled with
concrete joint sealant
UNDERDRAIN OUTLET PROTECTORS
A. The foundation shall be prepared to the required depth, forms set rigidly to the line and grade designated,
and the concrete place, spaded, vibrated, and finished with a wood float to a true and even surface. When
completed, the concrete shall be cured as specified.
B. The outlet protector shall be placed in such a manner that the underdrain lateral has a uniform slope to
ensure proper drainage. Abrupt changes in slope along any portion of the lateral will not be permitted.
I
I
I
L
C
I
I
I
J
J
i
City of Fayetteville 09/20/02 Page 03316-8
J
L
3.12 FIELD QUALITY CONTROL
' A. Testing of concrete in the field, either as poured or after setting or curing shall be as required by Engineer.
The cost of all testing to demonstrate compliance with the specifications shall as indicated in Section
' 01400.
B. Cooperate with testing laboratory personnel to take and properly handle field samples.
C. Composite samples shall be obtained in accordance with ASTM C 172
ID. Mold and laboratory cure three specimens from each test required in accordance with ANSVASTM C 31.
E. Measure air content in Class A concrete or other specified concrete mix in accordance with ASTM C 231.
IF. Test the specimens in accordance with ANSI/ASTM C 39. Two specimens shall be tested at 28 days for
acceptance and one specimen shall be tested at 7 days for information. For concrete compressive strength
tests less than the 7 day (such as for backfilling structures, etc.), the Contractor will be responsible for
these tests.
G. The slump of the normal -weight concrete sample for each strength test shall be determined in accordance
with ANSI/ASTM C 143.
H. Failure of concrete and flowable fill is defined as the average compressive strength of the tested
specimens. The strength level of the concrete or flowable fill shall be considered satisfactory if both of
the following requirements are met:
I1. The average of all sets of three consecutive strength tests equal or exceed the specified compressive
strength.
2. No individual strength test (average of two cylinders) falls below required compressive strength by
' more than 500psi.
I. Should the test cylinders fail to demonstrate compliance with the specifications, reconstruct the concrete
structure at no additional cost to Owner. Contractor shall then be responsible for the expenses involved in
're -testing the concrete.
J. Testing will be required for every 50 cubic yards of concrete or flowable fill placed or for each day's pour
and/or placement whichever is least or as directed by the Engineer or his representative. The cost of all
testing made at the request of the Owner will be as indicated in Section 01400. Engineer shall furnish
Owner with copies of concrete testing required by Engineer during the course of the Work.
3.13 CLEANING
IA. Clean work areas and all concrete formwork and waste. Waste concrete shall not be disposed of on site
except as approved by Engineer.
' 3.14 WEATHER AND TEMPERATURE LIMITATIONS
A. No concrete shall be placed unless the temperature of the concrete is more than 50 degree F when placed.
If heating of the ingredients is necessary to meet this criterion, it shall be accomplished by a method such
as dry heat or steam. Water shall not be heated to more than 180 degree F, and shall be combined with
the aggregate before the addition of cement. Frozen aggregates may not be used.
I.
City of Fayetteville 09/20/02 Page 03316-9
L
B. After concrete is placed, it shall be protected by insulated forms, blankets, enclosing and heating, or any
approved method that will maintain 50 degree F temperature for at least 5 days. The Contractor shall
have available and ready for immediate use sufficient materials and equipment for maintaining the
temperature of the concrete.
C. Concrete that has been frozen or damaged due to weather conditions shall be replaced at no additional
cost to the Owner
3.15 SCHEDULE
A. Cast -in -place concrete class is generally indicated on the Drawings for each type of usage. The following
schedule will govern where no concrete class is indicated on the Drawings.
Class A Class B
I
L
FT
I
Curb and Gutter x
Sidewalks & Access Ramps x
Drainage Structures x
Ditch concrete paving x
Driveways x
Manholes x
Manhole adjustments x
Water valve adjustments x
Guard rail post holes x
Concrete pads x
Flared end section wall x
Underdrain outlet protector x
Thrust blocks x
Encasement x
Pipe bedding x
Reinforced Concrete for Box Culverts, Retaining Walls, Sidewalks, and other Special Structures shall be
4000 psi.
End of Section 03316
Li
I
I
I
Li
Li
City of Fayetteville 09/20/02 Page 03316-10
City of Fayetteville
Staff Review Form
City Council Agenda Items
Contracts
.m
odor siEF,naI
City Council Meeting Date f i / U)/ 9-0$
Sid Sid Norbash, Staff Engineer.., Engineering Operations
jilt
`o `
Submitted By Division Department
Action Required:
Approval of the Reconciliation Change Order to the existing contract with Tomlinson Asphalt Company, Inc. in
the amount of $9,137.60 for Shiloh Drive Improvements.
$9,138
Cost of this request
4470-9470-5809-00
Account Number
04016-20
Project Number
$18,622
Council Approved Contingency
Category/Project Budget
Funds Used Used to Date
$18,622
Remaining Balance
Shiloh Drive Improvements
from Gregg Ave. to Steele Blvd.
Program Category / Project Name
Street Improvements
Program / Project Category Name
Sales Tax
Fund Name
Budgeted Item X Budget Adjustment Attached EJ
2ZgsPrevious Ordinance or Resolution # 92-04
Department Erector Date Original Contract Date: 6/15/2004
Original Contract Number: 962
City Attorney
Received in City Clerk's Office
Finance and Internal Service Director Date
��� Received in Mayor's Office
Mayor Date
To: Dan Coody, Mayor
Thru: Gary Dumas, Director of Operations
Ron Petrie, City Engineer or
From: Sid Norbash, Staff Engineer .aJt../
Subject: Shiloh Drive Improvements Project
Construction Reconciliation Change Order for Final Payment
BACKGROUND
The construction of this CIP project was completed at the end of 2004, and the final
inspection and all punch list adjustments have been completed. The Maintenance Bond is
also on file, which will allow us to close the construction contract with Tomlinson
Asphalt Co.
DISCUSSION / STATUS
During the course of the construction, Highway Department representatives requested
certain grade and alignment adjustments that made the traffic flow safer. These changes
along with a few minor field adjustments caused some quantity over -runs that affected
the final cost of the construction of this project as follows:
Total of over -run items $17,406.68
Less total of under -run items -$ 8,269.08
Net increase in contract amount $ 9,137.60
This additional cost is included in various items in the final pay request which is attached.
RECOMMENDATION:
The Staff recommends approval of the Reconciliation Change Order to the Construction
Contract with Tomlinson Asphalt Co., Inc. in the amount of S9,137.60.
FUNDING FOR 2005:
Council Approved Contingency $18,622.00
Proposed Reconciliation Change Order S 9,137.60
Remaining Funds $ 9,484.40
SN/sn
Attachments: Reconciliation Change Order
0
RESOLUTION NO. 92-04
A RESOLUTION AWARDING A CONSTRUCTION CONTRACT
TO TOMLINSON ASPHALT COMPANY, INC. IN THE AMOUNT
OF $186,218.75 FOR THE WIDENING OF SHILOH DRIVE FROM
GREGG AVENUE TO STEELE BOULEVARD; APPROVING A
PROJECT CONTINGENCY IN THE AMOUNT OF $18,622.00;
APPROVING STREET LIGHT INSTALLATION BY AEP-SWEPCO
IN THE AMOUNT OF $25,000.00, AND MATERIALS TESTING
AND IN-HOUSE MANAGEMENT AND INSPECTION IN THE
AMOUNT OF $15,000.00 FOR A TOTAL OF $244,840.75 FOR THIS
PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby awards a construction contract to Tomlinson Asphalt Company, Inc. in
the amount of $186,218.75 for the widening of Shiloh Drive from Gregg Avenue
to Steele Boulevard, plus a project contingency of $18,622.00; and
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby approves street light installation for this project by AEP-SWEPCO in the
amount of $25,000.00 and Materials Testing and In -House Management and
Inspection in the amount of $15,000.00 for a total project cost not to exceed
$244,840.75.
PASSED and APPROVED this 15th day of June, 2004. -
APPROVED:
By:
ATTEST:
By: At%M/ c4LvC
SONDRA SMITH, ity Clerk
DAN COODY, Mayor
`t Y• -
•;off.
;FAYETTEVILLE**
•
.. •IIi
N *
9.
J
N
P C
• N
N
w
J
a
M
a
C
N-
0
�O
.
J
P
u
A
V
N— O
d
•
J
P
•
u
N—
-
t"
3
Y
u
-
N- O
�55'�
jg�
2
1eef
"
�
¢
g
*
F[
¢
g�
]
ffCC
g
S
t
gg
5'
y
gT
55
5q5
E
K
iS
'
R
R
RRR
T
"
S
a
N
(.th
t
C
17
S
nmaEi5S5
O
gp
I.
"
o
g$3
A
Z
a
n
o
F5
y
"
�iKKn�>»+riZKcn
rK{{{>
p~pp'
tt��
pp
yy��
yy��
N
pp����
ttpp��
N
J�0
y�
y�
N
�—
W
p
W
N
v
O
N
U
Ope
N
O
P
Y
P
`�
N
tpo
Op
w
8
pO
8
pN
8
pN
8
pO
8
pU
8
O
N
pO.
u
pN
g
pP
8
pU
8
pU
8
p
8
pO
g
pN
g
pP.
g
Oe
P
tmt��
O
J
P
A
pNp
O
N
ON•
O
pO
O
O
pO
O
pO
O
O
00
W
Oe
J
"'
N
U
W
J N
N
Z
O
N
O
V
O
N
4.',',
N
N
N
N
N
N
N
N
N
N
N
~
N
N
N
N t
q♦
O
N
O
Q
O
W
N
pN
N
pp�
00
yp�,
pN
}J
J
pp..
8
00
app
8
P
a
�pp
—
Y
N
U
.p
—
.pp
—
Up
a%-
S
S
S
S
O
S
O
S
N
O
N
W
O
Jn
O
S
O
S
O
S
U
S
S
O
S
00O
S
S
O
SPNOYSOSp
J
PaO
Oe
O
T
O
N
Oe
�n
O
O
O
O
O
J§9
Q
<
O
U
N
O
O
O
O
O
O
O
O
O
O
A
N
O
O
O
O
O
O
N
O
O
�•
—
U
OG
0•
g
N
g
0y0�
V—
P
QU
N
OD
P
O
v
O
O
U
W
J
O
P
V
W
N
N
O
N
p0
a'.
W
P
U
W
U
0
0
0
0
O
A
o ,7
S
�1
1A
`OD
GQ
QQ
S
{A
W
P
P
W
U
00
M
••
N
N
N
N
N
N
M
P
N
Y
N
N
1IJJ
N
N
N
N
N
N
N
N
N
N
N
--
N
N
O
p.
N
N�
y�
a,'.
N
N
p N
_
M
o
.,
y�
Y
A
IJ
V
W
pqp��
P�
tt8800°
:O
0.j
'0'.
A
J
Q
Q
L/
4
r
a
tp�
a
N
• O
.
N
MM
to
O
00
—
V
U
Jp
NCO
W
J
�Op
O
J.
00000
OOO
•
8
pO
0
pO
0
pU
0
pO
O
O
yM
O
N
pO
O
O
pO
O
pN
O
pN
O
O
O
O
O
O
W
V
N
O~
N
Y
pN
O
g
O
P
pN
O
O
O
O
pO
O
r
2
O
m
m
z_
From: Clarice Pearman
To: Norbash, Sid
Subject: Tomlinson Asphalt
Sid,
Attached is a copy of the reconciliation change order for the Tomlinson on the Shiloh Drive Improvements
Have a good day.
Thanks.
Clarice
CC: Deaton, Vicki
City Of Fayetteville
RECONCILIATION CHANGE ORDER NO. I & FINAL
Project Title: Shiloh Drive Improvements Project
Project No.:04016-20 Contract No.: 962 Contract Date: 6-15-2004
Contractor: Tomlinson Asphalt Co., Inc.
The following changes are hereby made to the contract documents:
Additions to the contract:
Over -run for items: 6,7,9,10,12,13,14,15,16,17,19,20,22,23,24,25
In the total amount of $17,406.68
Deletion from contract:
Under -run for items: 11,26,27,28,29
For the total amount of $8,269.08
Justifications:
Field directives were necessitated in parts by AHTD's request to change certain grades
and alignment for safer traffic flow. There were also some minor field adjustments per
City Staff's request that resulted in some over -runs for several items. The most
significant were #15 Binder Course $1,328 and #22 Seeding & Mulching $2,625.
Original Contract Price: $186,218.75
As adjusted by previous changes: N/A
This C.O. will increase contract by: $ 9,137.60
The new contract price will be: $1 95,356.35
Page 1
CHANGE TO CONTRACT TIME
None.
APPROVALS REQUIRED
To be effective this change order must be approved by the Owner if it changes the
scope or objective of the project, or as may otherwise be required under the terms of
the General Conditions of the Contract.
Requested by
taff Engineer
Recommended by
City Engineer
Approved by Contractor
4,,,
Approved by Mayor
Mayor Dan Coody
Page 2
Date: d- at f --o 5 -
Date
Date:
Date