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HomeMy WebLinkAbout93-05 RESOLUTION• RESOLUTION NO. 93-05 A RESOLUTION APPROVING A CONSTRUCTION CONTRACT WITH C-2 PROJECTS LLC IN THE AMOUNT OF $1,169,336.25 FOR THE GREGG AVENUE WATER SYSTEM IMPROVEMENTS; APPROVING A 10% PROJECT CONTINGENCY IN THE AMOUNT OF $116,933.00; AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $544,391.00 FOR SAME. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY FAYETTEVILLE, ARKANSAS: OF Section 1. That the City Council of Fayetteville, Arkansas, hereby approves a construction contract with C-2 Projects LLC in the amount of $1,169,336.25 for the Gregg Avenue Water System Improvements. A copy of the contract marked Exhibit "A" is attached hereto and made a part hereof. Section 2. That the City Council of Fayetteville, Arkansas, approves a 10% project contingency in the amount of $116,933.00. Section 3. That the City Council of Fayetteville, Arkansas, approves a budget adjustment in the amount of $544,391.00 for same. PASSED and APPROVED this 3rd day of May, 2005. ATTEST: By: ��.�`�ORK/TR4''o,. G\ •l'op .c• .•C\CY OF t U • F•ly : FAYETIEVILLE : tom:• 5:> IP.QKANSP. Jam:' SON RA SMITH, City Clerk APPROVE By: hereby hereby DAN COODY, Mayor • • Section 00500 AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT is dated as of the 3 rd day of /nit in the year 2005 by and between the City of Fayetteville, Arkansas (hereinafter called FAYETTEVILLE) and C-2 Projects, LLC (hereinafter called CONTRACTOR). FAYETTEVILLE and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Gregg Avenue Water System Improvements — Phase II City of Fayetteville, Arkansas Article 2. ENGINEER. The Project has been designed by: Garver Engineers, LLC 1088 East Millsap Road Fayetteville, AR 72703 who is hereinafter called ENGINEER and who is to act as FAYETTEVILLE's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract documents. Article 3. CONTRACT TIME. 3.1. The Work shall be substantially completed within 150 consecutive calendar days after the date when the Contract Time commences to run as provided in paragraph 2.03 of the General Conditions, and fully completed and ready for final payment in accordance with paragraphs 14.07 B & C of the General Conditions within 180 consecutive calendar days after the date when the Contract Time commences to run. If delays in utility relocations by others impede the Contractor's progress for major Contract items and/or items critical to the prosecution of the work within the Contract Time, the Contract Time will be temporarily suspended or adjusted by the City as appropriate. During such periods, the Contractor will be allowed to work on minor Contract items, as approved by the City, without spending Contract Time. 00500 Contract.doc 00500-1 Garver Project No. 0296-3600(2) • • 3.2. Liquidated Damages. FAYETTEVILLE and CONTRACTOR recognize that time is of the essence of the Agreement and that FAYETTEVILLE will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by FAYETTEVILLE if the Work is not completed on time. Accordingly, instead of requiring any such proof, Fayetteville and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay FAYETTEVILLE Five Hundred dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for substantial completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by FAYETTEVILLE, CONTRACTOR shall pay FAYETTEVILLE Five Hundred dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the prices bid in the Proposal which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03.B of the General Conditions. Changes, modifications, or amendments in scope, price, or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost, or fees. Article 5. PAYMENT PROCEDURES 5.1. Progress Payments. FAYETTEVILLE shall make periodic progress payments on the basis of Work completed as provided in paragraph 14.02 of the General Conditions and SC - 14.02 of the Supplementary Conditions. Prior to Final Completion, progress payments will be made in an amount equal to the value of completed Work, plus the value of stored materials, less retainage, less the aggregate of payments previously made, and less such amounts as FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions: Retainage: FAYETTEVILLE will retain ten percent of the value of completed Work until such time as 50 percent of the Work has been completed. If 50 percent of the Work has been completed, as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to FAYETTEVILLE, retainage will be 00500 Contract.doc 00500-2 Garver Project No. 0296-3600(2) • • fixed at five percent of the Contract Price. FAYETTEVILLE reserves the right to reinstate retainage at ten percent if the character and progress of the Work become unsatisfactory to FAYETTEVILLE. Stored Materials: FAYETTEVILLE will pay 100 percent of the value of materials and equipment not incorporated in the Work but delivered, suitably stored, insured, and accompanied by documentation satisfactory to FAYETTEVILLE as provided in paragraphs 14.02.B.5 & 14.02.D of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraphs 14.06 and 14.07.B & C of the General Conditions, FAYETTEVILLE shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraphs 14.07.B & C. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce FAYETTEVILLE to enter into this Agreement CONTRACTOR makes the following representations: 6.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in Article 7) and the other related data identified in the Bidding Documents including "technical data." 6.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, or furnishing of the Work. 6.3. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. 6.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site which have been identified in the Supplementary Conditions as provided in paragraph 4.02.A of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC - 4.02 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.02 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that FAYETTEVILLE and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning 00500 Contractdoc 00500-3 Garver Project No. 0296-3600(2) • • conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or famishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to the employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 6.5. CONTRACTOR is aware of the general nature of work to be performed by FAYETTEVILLE and others at the site that relates to the Work as indicated in the Contract Documents. 6.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 6.7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between FAYETTEVILLE and CONTRACTOR conceming the Work consist of the following: 7.1. This Agreement (pages 1 to 6, inclusive). 7.2. Performance and Payment Bonds, (Exhibit A). 7.3. Certificates of Insurance, (Exhibit B). 7.4. General Conditions (pages 1 to 40, inclusive). 7.5. Supplementary Conditions (pages 1 to 15, inclusive). 7.6. Specifications consisting of Sections as listed in Table of Contents herein. 7.7. Addenda numbers 1 to 2 , inclusive. 7.8. Drawings (not attached hereto) consisting of a cover sheet and sheets numbered 1 through 21, inclusive with each sheet bearing the following general title: 00500 Contract.doc 00500-4 Garver Project No. 0296-3600(2) City of Fayetteville Gregg Avenue Water System Improvements — Phase II 7.9. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: 7.9.1. Notice to Proceed 7.9.2. All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.04 of the General Conditions. The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions. Article 8. MISCELLANEOUS. 8.1. Terms used in the Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3. FAYETTEVILLE and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. 8.5 Freedom of Information Act: City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the Contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in 00500 Contract.doc 00500-5 Garver Project No. 0296-3600(2) • • Freedom of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. IN WITNESS WHEREOF, FAYETTEVILLE and CONTRACTOR have signed this Agreement in six (6) counterparts. One counterpart each has been delivered to FAYETTEVILLE and ENGINEER, and two counterparts have been delivered to CONTRACTOR. All portions of the Contract Documents have been signed, initialed, or identified by FAYETTEVILLE and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on /nay 3 2005 (which is the Effective Date of the Agreement). OWNER: ` tty of F ett By: Mayor olo`��.��tKITR9 t,, G•'��SY o, Lp zU: F•ps [CO1iETORlfp'PEI$EAIL ITE : %9s•:'KANNee Jam,., N . Attest �n^^ Attest Attest `" _ CONTRACTOR: C-2 PROJECTS, LLC Title Ce Or4lve SecL\ [CORPORATE SEAL] Address for giving notices (If FAYETTEVILLE is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) Accelerated Waterlines Work Order No. 2 Address for giving notices License No. 01 5 5 81 0 4 0 5 Agent for service of process: (If CONTRACTOR is a corporation, attach evidence of authority to sign) 00500 (6) Garver No. 0296-3500 Budget Year 2005 • City of Fayetteville, Arkansas Budget Adjustment Form Department: Water & Wastewater Division: Water & Sewer Maintenance Program: Capital Water Mains • Date Requested 5/3/2005 Adjustment Number Project or Item Added/Increased: $544,391 is requested for the Gragg Avenue Water System Improvement project. Project or Item Deleted/Reduced: None. Use of fund balance is proposed. Justification of this Increase: Cost has increased from the original budget due to an extended time frame. Justification of this Decrease: Sufficient funding remains to comply with City policies. Increase Expense Budget (Decrease Revenue Budget) Account Name Account Number Amount Project Number Water line improvements 5400 5600 5808 00 Account Name 544,391 02129 1 Decrease Expense Budget (Increase Revenue Budget) Account Number Amount Use of fund balance 5400 0940 4999 99 544,391 Project Number Approval Signatures Requested By Date Budget Manager Date Depart - nt 1 tor Finance & Internal ices Director Mayor Date Date Budget Office Use Only Type: A B C E Date of Approval Posted to General Ledger Posted to Project Accounting Entered in Category Log Initial Date Initial Date Initial Date Initial Date • • • THE AMERICAN INSTITUTE OF ARCHITECTS Bond # S333842 AMA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or otner party shall be considered plural where applicable. CONTRACTOR (Name and Address): Jimmy A. Patton Contractor, Inc. 11900 Arch Street Pike Little Rock, Arkansas 72206 OWNER (Name and Address): City of Fayetteville, Arkansas 113 W. Mountain Street Fayetteville, Arkansas 72701 SURETY (Name and Principal Place of Business): Employers Mutual Casualty Company P.O. Box 8550 Kansas City, Missouri 64114 CONSTRUCTION CONTRACT Date: �t�"',��.."".........� aF{ii Amount: SIX HUNDRED EIGILII�iyt,@)U'�' * ON: HUNDRED THIRTY-SEVEN AND 95/100THS Dollars (5688,137.95) f;Hazardous Materials/Asbestos Abatement and Demolition for st Square Redevelopment District #1 (J 5): HUNDRED TIIIR'TV-SEVEN AND 95/100THS Dollars (S688,137.95) IN None ❑ See Page 3 Description (Name and lC� Q BOND Date (Not earlier than cpn Amount: six HUNDRED Cal Modifications to this Bc* CONTRACTOR AS PRINCIPA4b, Company: Jimmy A. P Signature Nam SURETY Company: (Corporate Seal) ployers Mutual Casualty Company H Signature Name and Title Name lir ait e:R5i4ert (Any • •• tional signatures appear on page 3) Carla Sue Hollis Attorney -In -Fact (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Ramsey, Krug, Farrell & Lensing P.O. Box 251510 Little Rock, AR 72225 (501) 664-7705 other party): Environmental Enterprise Group 220 North Knoxville Russellville, AR 72801 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA Q THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE, N.W., WASHINGTON. D.C. 20006 THIRD PRINTING • MARCH 1987 Mntrn t 372 110.1171 A312-1984 1 • 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner :s considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Sucn Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surely have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner nas agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Cont rant in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Ariange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner fur a contract for performance and completion of the Con- struction Contract, arrange for a contract to he pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of darnages as described in Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; Or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for • which it may be liable to the Owner and, as soon as practicable after the amount is deter- mined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce anv remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall he entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and i( the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surely to the Owner shall not be greater than those of the Contractor under the Construction Contract. and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor fur correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or ii no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-perfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9 Any proceeding, legal or equitable. under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever oc• curs first. If the provisions of this Paragraph are void or prohibited by law. the minimum period of limitation avail - AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 11384 ED. • AIA a THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 \EW YORK AYE. N.w' . WASHING1ON. D.C. NM THIRD PRINTING • MARCH 1982 A312-1984 2 • able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig• nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Cnn- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: • tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Name and Title: Address: SURETY Company: (Corporate Seal) Signature: Name and Title: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DICE\IBER 1981 ED. • MA ft THE AMERICAN INSTITUT( Of ARCHITECTS, 1735 NEW YORK AVI., N.W.. WASHINGTON, U.C. 20006 THIRD PRINTING • MARCH 19A7 A312-1984 3 • • THE AMERICAN INSTITUTE OF ARCHITECTS Bond # S333842 AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Jimmy A. Patton Contractor, Inc. 11900 Arch Street Pike Little Rock, Arkansas 72206 OWNER (Name and Address): City of Fayetteville, Arkansas 113 W. Mountain Street Fayetteville, Arkansas 72701 CONSTRUCTION CONTRACT Date: .•••a•rn=.♦♦♦ Amount: SIX IIUNDRED Description (Name and Lo4ctr BOND = Q Date (Not earlier than Amount: SIN IIUNDRED E Modifications to this $orxth 0 PV �% rtsiEcet SURETY (Name and Principal Place of Business): Employers Mutual Casualty Company P.O. Box 8550 Kansas City, Missouri 64114 ,,gNF. ,lllINDRED 7111 R'I'\'-SEVEN AND 95/IOOTIIS Dollars ($688,137.95) If Hazardous Materials/Asbestos Abatement and Demolition for 1st Square Redevelopment District 41 O: ;I;ICII'l TIIOUSAN .n CONTRACTOR AS PRINCIPAL eer.gRKANSP`9, �'•''• ' Company: ltbtVdtatal) Jimmy A. P Signature Name a (Any a ontractor, Inc. 0 IIUNDRED 'El -HDTV -SEVEN AND 95/100'1'115 Dollars ( 5688,137.95 ) onal signatures appear on page 6) IX None 0 See Page 6 SURETY Company: (Corporate Seal) plovers Mutual Casualty Company Signature �0� Ho ��" Name and Title: Carla Sue Hollis Attorney -In -Fact (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: Ramsey, Krug, Farrell & Lensing P.O. Box 251510 Little Rock, AR 72225 (501) 664-7705 OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Environmental Enterprise Group 220 North Knoxville Russellville, AR 72801 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA S THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVL, N.W., WASHINGTON. D.C. 2E006 TH:RD PRINTING • MARCH 1987 Contract 373 112.87) A312-1984 4 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators. successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- rated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly. for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims. demands, liens or suits by any person or entity whose claim, demand. lien or suit is for the payment for labor, materials or equipment fur- nished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Con- tractor and sent a copy. or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is suffi- cient compliance. • 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the ainount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations to make payments to. give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 42.3, or (2) on which the last labor or service was performed by anyone or the last mate- rials or equipment were furnished by anyone under the Con- struction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA1 THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEw YORK AVE 7:3v WASHINGTON. D.C. 20006 THIRO PRINTING • MARCH 1987 A312.1984 5 • Bond shall be construed as a statutory bond and not as a common law bond, 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: • Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 19134 ED. • AIA 3 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK .AVE., NAV., WASHINGTON, O.C. 20006 THIRD PRINTING • MARCH 1987 A312-1984 6 THE FACE OF THIS DOCUMENT HAS A COLORED BACKGRF 'T) ON WHITE PAPER • BACK OF THIS DOCUMENT HAS A SI•""ATED WATERMARK - HOLD AT AN ANGLE TO VIEW. C Insurance Companies No. '623124 P.O. Box 712 • Des Moines, IA 50303-0712 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS, that 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint. TIMOTHY P. FARRELL, CAROLYN HUNTER, MICHAEL D. HALTER, TRACI HANKINS, KEVIN BRUICK, RANDY''IRVIN, ALFRED L. WILLIAMS, CARLA SUE HOLLIS, CHARLES M. ALLEN, G. ROBERT SMITH, DALE E. TEMPLE, INDIVIDUALLY, LITTLE ROCK, ARKANSAS its true and lawful attomey-in-fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows IN AN AMOUNT NOT EXCEEDING TEN MILLION DOLLARS :($10,000,000.00), and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. 5. Dakota Fre Insurance Company, a North Dakota Corporation 6. EMC Property S Casualty Company, an Iowa Corporation 7. The Hamilton Mutual Insurance Company, an OhioCorporation April 1, 2008 The authority hereby granted shall expire unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a regularly scheduled meeting of each company duly called and held in 1999: RESOLVED; The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attorney-in-fact at any time and revoke the power and authority given to him or her. Attomeys-in-fact shall have power and authority, subject to the terms and limitations of the power-of-attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attomey-in-fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power-of-attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power -of attorney of the Company, shall be valid and binding upon the Company with the same force and affect as though manually affixed. INMESS WHEREOF, the Comes have caused these ents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this day of Seals •`S�p 11NSUg4 a5. a''''''tet' 1� = W; toio? €3 SEAL 4 yoO.,•• 00 '•, 0 1:„ SEAL : • ,• ,sowN .74Z. ▪ etP 0X1 fp.c▪ r SEAL i0 • •T,OP"0 POPPOM4�, 04c c:i :-t a 1953€-_ ...? • ,„„ • 'OWP o` aU1U41 �''. ;4`4 SEAL .' 0' • ,,.. ', P S'HpIN;S\0, RUTA KRUMINS Commission Number 176255 My Comm. Exp. Sept. 30.2006 Bruce G. Kelley, Chairman of Companies 2, 3, 4, 5 & 6; resident of Company 1; Vice Chairman and CEO of Company 7 Jeffrey S. Birdsley Assistant Secretary Onthis27th day of January AD 2005 before me a Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and Jeffrey S. Birdsley, who, being by me duly sworn, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, and/or Assistant Secretary, respectively, of each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Jeffrey S. Birdsley, as such officers, acknowledge the execution of said instrument to be the voluntary act and deed of each of the Companies. My Commission Expires September 30, 2006. ice................-.� CERTIFICATE I, David L. Hixenbaugh, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the January 27, 2005 Notary Public in and for the State of Iowa Companies, l td44i f f' "I"ag at,TAi'dMeg16R4 'I?4 drfatgle6 on behalf of • . 1 . TIT , .• -•TI 1 are: We and correct and are still in full force and effect. Carla Sue Hollis, Charles M Allen, G. Robert Smith, Dale E. Temple In Testimony Whereof I have subscnbed my name and affixed the facsimile seal of each Company this day of Form 1832 (9/02) "For verification of the authenticity of the Power of Attorney you may call 515) 280-2689.” Vice -President • • THE AMERICAN INSTITUTE OF ARCHITECTS Bond # S333842 AIA Document A372 Performance Bond Any singular reference to Contractor, Surety, Owner or otner party shall be considered plural where applicable. CONTRACTOR (Name and Address): Jimmy A. Patton Contractor, Inc. 11900 Arch Street Pike Little Rock, Arkansas 72206 OWNER (Name and Address): City of Fayetteville, Arkansas 113 W. Mountain Street Fayetteville, Arkansas 72701 SURETY (Name and Principal Place of Business): Employers Mutual Casualty Company P.O. Box 8550 Kansas City, Missouri 64114 CONSTRUCTION CONTRACT Date: Amount: SIN HUNDRED EIGII'1'1-JWW 171901 .ND ONE HUNDRED I IIIR rl -SE \ EN AND 95/100THS Dollars (5688,137.95) Description (Name and Loch of Hazardous Materials/Asbestos Abatement and Demolition for $ Ppl6 •1\ast Square Redevelopment District #1 BOND Q O � C� Date (Not earlier than iambfiction 4 0 S into:THIRTY-SEVENfr): Amount: SIX HUNDRED C ll{.h71tLLi [7j'Ol■SJAN Sn�: HUNDREDTHIRTY-SEVENAND 95/100'r11S Dollars (5688,137.95) Modifications to this Be _; i$ None 0 See Page 3 0 Z. CONTRACTOR AS PRINCIPN. Company: °'o,41, •.... Jimmy A. Paton ractor, Inc. Signature Name an Preside, .. (Any adnal signatures appear on page 3) SURETY Company: (Corporate Seal) Employers Mutual Cay1alty Company Signatu re Name and Title: Carla Sue Hollis Attornev-In-Fact (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: Ramsey, Krug, Farrell & Lensing P.O. Box 251510 Little Rock, AR 72225 (501) 664-7705 OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Environmental Enterprise Group 220 North Knoxville Russellville, AR 72801 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA d THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. NW., WASHINGTON. D.C. 2E006 THIRD PRINTINC • MARCH 1987 Cnnrr.c, 372 119.'171 A312-1984 1 • 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond. except to participate in conferences as provided in Subparagraph 3.1, 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner :s considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Sucn Contractor Default shall not he de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner as agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to he pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for • which i1 may be liable to the Owner and, as soon as practicable after the amount is deter- mined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond. and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract. and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sul:ing from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-perfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change. includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9 Any proceeding, legal or equitable. under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be Instituted within Iwo years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail - AIA DOCUMENT A312 • PERFOB.MANCE BOND AND PAYMENI BOND • DECEMBER 1984 ED. • AIA THE AMERICAN IN$TITUTF OF ARCHITECTS, 1735 NEW YORK AVE.. N.w , WA$HINGI ON, D.C. 2004 b THIRD PRINTING • MARCH 1987 A312-1984 2 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig. nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con• MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: MA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ID. • MA P THE AMERICAN INSTITUTE Or ARCHITECTS, 1735 NEW YORK AVI., N.W.. WASHINGTON, U.C. 20006 THIRD PRINTINC • MARCH 1987 A312-1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS Bond # S333842 AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Jimmy A. Patton Contractor, Inc. 11900 Arch Street Pike Little Rock, Arkansas 72206 OWNER (Name and Address): City of Fayetteville, Arkansas 113 W. Mountain Street Fayetteville, Arkansas 72701 CONSTRUCTION CONTRACT Date: Amount: SIX HUNDRED EIGHTY-EIGHT THOUSAND Description (Name and Location's.,.` tt • Date (Not earlier than Cons tifct Amount: SIX HUNDRED EIGHTS -r Modifications to this Bond. •� • CONTRACTOR AS PRINCIPAL ,%) Company: ••J•Co Jimmy A. Pa BOND SURETY (Name and Principal Place of Business): Employers Mutual Casualty Company P.O. Box 8550 Kansas City, Missouri 64114 ONE HUNDRED THIRTY-SEVEN AND 95/IOOTIIS Dollars ($688,137.95) Itg4 Hazardous Materials/Asbestos Abatement and Demolition Tor � ,Square Redevelopment District #1 O• • 1 'DRED THIRTY-SEVEN AND 95/100THS Dollars ( S688,137.95 ) • None CJ See Page 6 1. SURETY Company: (Corporate Seal) Employers Mutual Casualty Company Signature. Name and Title: Carla Sue Hollis Attornev-In-Fact Signature Name and ractor, Inc. ••• �i�iv �• .••� b 1/ (Any a.: Tonal signatures appear on page 6) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: Ramsey, Krug, Farrell & Lensing P.O. Box 251510 Little Rock, AR 72225 (501)664-7705 OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Environmental Enterprise Group 220 North Knoxville Russellville, AR 72801 MA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA A THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVL, N.W., WASHINGTON. D.C. 20006 THIRD PRINTING • MARCH 1987 Contract 373 (12.87) A312-1984 4 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- rated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- nished for use in the performance of the Construction Contract. provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims. demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Con- tractor and sent a copy. or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is suffi- cient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4. the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 41 or Clause 42.3, or (2) on which the last labor or service was performed by anyone or the last mate- rials aterials or equipment were furnished by anyone under the Con- struction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUMENT A312 • PERFOR.MANCE BOND AND PAYMENT BOND • OECEm18ER 1984 ED. • AIA' THE AMERICAN INSTITUTE 01 ARCHITECTS, 1733 NEW YORK AVE . N W, WASHINGTON. D.C. 20006 THIRD PRINTING • MARCH 1987 A312-1984 5 Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion in the terms "labor, materals or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 Owner Default Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: — Name and Title: Address: Signature: Name and Title: Address: AM DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. .41A 3 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20005 A312-1984 6 THIRD PRINTING • MARCH 1987 /EMClnsurance Convenes No. 623123 P.O. Box 712 • Des Moines, IA 50303-0712 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 6. EMC Property & Casualty Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 7. The Hamilton Mutual Insurance Company, an Ohio Corporation 4. Illinois EMCASCO Insurance €ompany, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint TIMOTHY P.`FARRELL, CAROLYN HUNTER, MICHAEL D. HALTER, TRACI HANKINS, KEVIN BRUICK, RANDY IRVIN, ALFRED L WILLIAMS, CARLA SUE HOLLIS, CHARLES M. ALLEN, G. ROBERT SMITH, DALE E. TEMPLE, INDIVIDUALLY, LITTLEROCK, ARKANSAS............................................................................................................................................................................... its true and aglawful attorney-in-fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a .!1i.VrAMOUNT NOT.EXCEEDING TEN MILLION DOLLARS............................................................................... ..I..,..... ($10,000.000-00) and to bind each Company thereby as hilly and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the'authority hereby given are hereby ratified and confirmed. The authority hereby expire April 1, 2008 granted shaft unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney is.. made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at e regularly scheduled meeting of each company duly called and held in 1999; RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1 appoint altomeyslin-fad and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attorney -in -fad at any time and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power -of -attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power -of attoney of the Company, shall be valid and binding upon the Company with the same force and affect as though manually affixed. IN Y fl ES I WHEREOF, the Cojw9s have caused these ants to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this day of 1 Seals ,,1t.,,,,,,,rr, ..,•l,,,,,,,".,,,r tilt,," ,a,F of Companies •'••r,, Bruce G. Kelle , Chairman Je S. Birdsle o wsu oce co Y Y Y 2, 3 4 5 & 6; resident Assistant Secretary t1_uP .'_o-, _°°=0 _ of Company 1; Vice Chairman and SEAL - _ 1863 0 6 e S a; 1953 CEO of Company 7 '2//,°IrrU0„,, T��: y%'6r4rRIN1 ''s,�",D� •ii Jl r'.rym It 'rrM. /pwh` li",' •r"rr„ NlYll, ,'hry r0W.,„f y4.WB ,,..,,..1,,..., , ,, Y ,,,,,rr. t 4 �PPb Cf psj pl'olot U, i H4: `QPiOFgF Di `'t 'OPVOfl1I : OPT L>�'p oP10flq� r 9 C_ s4 SEAL tj IIs SEAL gji Es, SEAL = so �,. j� br, :o rrr'� rewP,,,,l rrrrlit .•.1,1',,l rrrM01NES.N.�1 ` ROTA KRUMINS Comm4abn NumMr 176255 My Comm. Ezp. Baat,�g.244g On thie7th day of January AD 2005 before me a Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and Jeffrey S. Birdsley, who, being by me duly sworn, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, and/or Assistant Secretary, respectively, of each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Jeffrey S. Birdsley, as such officers, admowledge the execution of said instrument to be the voluntaryad and deed of each of the Companies. My Commission Expires September 30, 2006.. Notary Public in and for the State of Iowa CERTIFICATE I, David L. Hixenbaugh, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the on be fof sill k, full Carla Sue Hollis, Charles M. Allen, G. Robert Smith, Dale E. Temple are true and correct and are sill in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of ���G}� Vice -President -d 5 I 1 1 1 1 1 I 1 1 1 1 1 1 - SPECIFICATIONS A N D - - -. CONTRACT DOCUMENTS JECT PREPARED BY: CARVER ENGINEERS Garver Engineers, LLC 1088 East Millsap Road Fayetteville, Arkansas 72703 479-527-9100 FAX 479-527-9101 ' CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS GREGG AVENUE WATER SYSTEM IMPROVEMENTS PHASE II SPECIFICATIONS AND CONTRACT DOCUMENTS II hereby certify that the Gregg Avenue Water System Improvements — Phase II Plans and Specifications were prepared by me or under my direct supervision, and that I am duly Licensed Engineer under the laws of the StacArjansas. `!y (�PTE 0 (Seal) ARSAS. Name: Date: '2i (8'- DS I I I [1 Cl I P CERTIFICATE OF AUTHORIZATION BY GARVER ENGINEERS, INC. GARVER !ENGINEERS 0: 0 : LLC : Z o. 766: _'p .. c ' 001 a -Stamp Sheet.doc Garver Project No. 0296-3600(2) I I I C H I I I I I I CI I SECTION 00005 TABLE OF CONTENTS GREGG AVENUE WATER SYSTEM IMPROVEMENTS PHASE II NO. TITLE PAGES 00005 Table Of Contents 00005-1 to 2 00020 Advertisement For Bids 00020-1 BIDDING REQUIREMENTS 00100 Instructions To Bidders 00300 Bid Form 00350 Bid Bond Notice Of Selection 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 Prevailing Wage Determination Statement of Intent to Pay Prevailing Wages SPECIFICATIONS0 DIVISION I - GENERAL REQUIREMENTS ' 01010 01025 01035 ' 01040 01051 01060 01090 ' 01300 01410 01500 ' 01620 01630 01700 I Summary of Work Measurement and Payment Modification Procedure Coordination and Meetings Construction Surveys Regulatory Requirements Reference Standards and Abbreviations Submittals Testing Laboratory Services Construction Facilities & Temporary Controls Storage and Protection Product Options and Substitutions Contract Closeout 00100-1 to 10 00300-1 to 4 00350-1 to 2 00350-3 00500-1 to 6 00500-7 to 8 00500-9 to 10 00500-I l to 13 00500-14 00700-1 to 40 00800-1 to 15 1tol Ito! 01010-1 to 2 01025-1 to 12 01035-1 to 3 01040-1 to 4 01051-1 to 2 01060-1 to 2 01090-1 to 3 01300-1 to 4 01410-1 to 3 01500-1 to 5 01620-1 to 2 01630-1 to 2 01700-1 to 5 ' 00005 Table of Contents.doc 00005-1 Garver Project No. 0296-3600(2) F I I I Li I iL NO. TITLE PAGES DIVISION 2- TECHNICAL SPECIFICATIONS 02100 Site Preparation 02161 Trench Excavation and Safety 02200 Earthwork For Structures 02223 Explosives and Blasting 02229 Rock Removal 02314 Steel Encasement Pipe/Carrier Pipe Installation 02600 Pipelaying 02601 Cast -In -Place Manholes 02602 Pre -Cast Manholes 02622 PVC Solid Wall Sewer Pipe 02722 Sanitary Sewer Systems DIVISION 3 - TECHNICAL SPECIFICATIONS ' 03100 Concrete Formwork 03200 Concrete Reinforcement 03300 Cast -In -Place Concrete 03400 Precast Concrete 03600 Grout I I I 11 I I I DIVISION 9 -TECHNICAL SPECIFICATIONS 09961 Exterior Coatings Appendix A City of Fayetteville Standard Specifications for Waterline Construction Appendix B 02100-1 to 4 02161-1 02200-1 to 6 02223-1 to 4 02229-1 to 2 02314-i to 6 02600-I to 4 02601-1 to 4 02602-1 to 5 02622-1 to 3 02722-1 to 7 03100-1 to 3 03200-1 to 2 03300-1 to 10 03400-1 to 4 03600-1 to 2 09961-1 to 5 Special Provisions to Fayetteville Standard Specifications for Waterline Construction Appendix C City of Fayetteville Landscape Manual, Chapter 5 Appendix D 29 CFR Part 1926 Subpart P, OSHA Standards (updated 7-1-04) i to 32 SP -1 to 2 itol4 I to 38 ' 00005 Table of Contents.doc 00005-2 Garver Project No. 0296-3600(2) I I I I JJ I H 1J I I H I Section 00020 ADVERTISEMENT FOR BIDS BID NO. 05-25 Notice is given hereby that, pursuant to an order of the City Council of the City of Fayetteville, Arkansas, sealed bids will be received at Room 306, City Hall, 113 West Mountain Street, Fayetteville, Arkansas, until 2:00 p.m. (local time) on March 25, 2005 for furnishing all tools, materials, and labor and performing the necessary work for the Gregg Avenue Waterline Improvements — Phase II Project in Fayetteville, Arkansas. At this time and place, all bids received will be publicly opened and read aloud. The work generally consists of: Installation of 6,500 linear feet 18" PVC water line with two creek crossings, 12", 8", and 6" PVC water line connections to existing facilities, one bore under an existing rail road, steel encasement pipes, fire hydrants, water taps, ductile iron fittings, water service line connections and modifications, and 500 linear feet oft 6" PVC gravity sewer linewith 2 new manholes. Work is primarily along the west side of Gregg Avenue from approximately 800 feet south of Township Road to Futrall Drive in the City of Fayetteville, Arkansas. Drawings, Specifications, and other Construction Contract Documents (Bidding Documents) are on file and maybe examined at the office of the Engineering Department, City of Fayetteville, and at the office of Garver Engineers. Bidding Documents can be purchased from Garver Engineers at: Garver Engineers 1088 East Millsap Road Fayetteville, AR 72703 Phone: 479-527-9100 Fax: 479-527-9101 The cost of the Bid Documents is $100.00. Partial Plan sets will not be sold. This amount shall be made payable to Garver Engineers and is non-refundable. The bidders shall make such inspection and studies of the site of the work as to familiarize themselves with all conditions to be encountered. Bid security, as defined in the Instructions To Bidders, in the amount of 5 percent of the Bid must accompany the Bid. The successful Bidder will be required to furnish a Performance Bond and a Payment Bond as security for the faithful performance and the payment of all bills and obligations arising from the performance of the Work. No Bids may be withdrawn within a period of 60 days after the date fixed for opening Bids. Bidders must be licensed under the terms of Act 150, Arkansas Acts of 1965, as amended. The City of Fayetteville hereby notifies all bidders that this contract is subject to applicable labor laws, non- discrimination provisions, wage rate laws, and other federal laws including the Fair Labor Standards Acts of 1938. The Work Hours Act of 1962 and Title VI of the Civil Rights Act of 1964 also apply. "Pursuant to Ark. Code Annotated 22-9-203, the City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority, and women business enterprises." The City Council reserves the right to reject any or all bids, to waive irregularities in the Bids and bidding deemed to be in the best interests of the City Council, and to reject nonconforming, nonresponsive, or conditional Bids. Peggy Vice, Purchasing Officer ' 00020 Advertisement for Bids.doc 00020-1 Garver Project No. 0296-3600(2) H I I I I I I C I C C I Section 00100 INSTRUCTIONS TO BIDDERS DEFINED TERMS 1.1 Terms used in these Instructions to Bidders which are defined in the General Conditions have the meanings assigned to them in the General Conditions. Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2 Bidder - one who submits a Bid directly to Owner as distinct from a sub -bidder, who submits a bid to a Bidder. 1.3 Issuing Office - the office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. 1.4 Successful Bidder - the lowest, responsible, and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. 1.5 Pre -Bid Meeting — a meeting between the plan holders, the Engineer, and the City prior to the submission of the bids. COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement for Bids may be obtained from the Issuing Office. 2.2 Complete sets of Bidding Documents must be used in preparing Bids. Neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. ' 2.3 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ' 3 EXAMINATION OF SITE AND CONTRACT DOCUMENTS •' 3.1 Bidders arc advised that the Drawings and Specifications are on file at the City of Fayetteville Engineering Department, and shall constitute all of the information which the Owner shall furnish. No other information given or sounding made by the Owner or any official thereof, prior to the execution of said contract, shall ever become a part of, or change, the contract drawings, specifications and estimates, or be binding on Owner. 00100 Instructions to Bidders.doc 00100-1 Garver No. 0296-3600(2) I L I I I Li I 3.3 Bidders shall promptly notify Engineer of all conflicts, errors, ambiguities, or discrepancies ' which Bidder has discovered in or between the Contract Documents and such other related documents. Prior to submitting any Bid, Bidders are required to: read carefully the Specifications, contract, and Bonds; examine carefully all Drawings; visit the site of the Work to carefully examine local conditions; inform themselves by their independent research and sounding of the difficulties to be encountered, and all attending circumstances affecting the cost of doing the work, and the time specified for its completion; and obtain all information required to make an intelligent bid. 3.2 Bidders shall rely exclusively upon their surveys, estimates, investigations, and other things which are necessary for full and complete information upon which the bid may be made and for which a contract is to be awarded. The Bid Form, providing for unit and lump sum prices bid by the Contractor, contains a statement that all bids are made with the full knowledge of the difficulties and conditions that may be encountered, the kind, quality and quantity of the plans, work to be done, excavation, and materials required and with full knowledge of the drawings, profiles, specifications, and estimates and all provisions of the contract and Bonds. ' 3.4 Information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities or others, and ' Owner and Engineer do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. ' 3.5 On request, Owner will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests, and studies. ' 3.6 Reference is made to the General Requirements for the identification of the general nature of work that is to be performed at the site by Owner or others (such as utilities and other prime contractors) that relates to the work for which a Bid is to be submitted. On request, and as ' available, Owner will provide to each Bidder, for examination, access to or copies of Contract Documents (other than portions thereof related to price) for such work. ' 3.7 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 3, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents ' and applying the specific means, methods, techniques, sequences, or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, that Bidder has given Engineer written notice of all conflicts, errors, ' ambiguities, and discrepancies that Bidder has discovered in the Contract Documents and that the written resolutions thereof by Engineer are acceptable to Bidder, and that the ' 00100 Instructions to Bidders.doc 00100-2 Garver No. 0296-3600(2) I I I I H H H Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 3.8 A pre -bid meeting will he held for this project. Each plan holder (potential bidder who has purchased plans, specifications, and contract documents) will be sent a notification regarding the time and location of this meeting. Acknowledgement of notification will be required. A potential bidders representative must be present at this pre -bid meeting in order for his/ her bid to be considered eligible at the time bids are submitted. If a bid is submitted from a Contractor who was not present at the pre -bid conference, his/ her bid will not be accepted and will be considered non -responsive and will not be read allowed. It is recommended, but not mandatory, that sub -contractors be present at the pre -bid conference. 4 AVAILABILITY OF LANDS FOR WORK AND WORK BY OTHERS 4.1 The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. ' 5 INTERPRETATION OF CONTRACT DOCUMENTS AND ADDENDA I I Li I I 5.l If any person contemplating submitting a bid for construction of the Work is in doubt as to the true meaning of any part of the proposed Contract Documents or finds discrepancies in or omissions from any part of the proposed Contract Documents, he should submit a written request for interpretation thereof to the Engineer not later than seven days before the date set for bid opening. The person submitting the request shall be responsible for its prompt delivery. 5.2 Interpretation or correction of proposed Contract Documents will be made only by Addendum to all holders of Bidding Documents. Only questions answered by formal written Addenda will he binding. Oral and other interpretations or clarifications will be without legal effect. Owner will not be responsible for any other explanations or interpretations of the proposed Contract Documents. 5.3 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. 6 APPROXIMATE ESTIMATE OF QUANTITIES 6.1 Engineer's estimate of quantities, on file at the City Engineer's office, is approximate only and shall be the basis for receiving unit price bids for each item but shall not be considered by Bidders as actual quantities that may be required for the completion of the proposed work. ' 00100 Instructions to Bidders.doc 00100-3 Garver No. 0296-3600(2) I 'J 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. ' 7 UNIT PRICES I I I I 1, 1, 1l I Li Li u 7.1 Bidders must state a price for each item of work named in the Bid Form. Unit and Lump Sum prices shall include amounts sufficient for the furnishing of all labor, materials, tools, equipment, and apparatus of every description to construct, erect, and finish completely all of the work as called for in the Specifications or indicated on the Drawings. 7.2 Prices bid on the various items in the Bid Form shall bear a fair relationship to the cost of the work to be done. Bids which appear unbalanced and are deemed not to be in the best interest of Owner may be rejected at the discretion of Owner. 7.3 By submission of a Bid, Bidder represents that Bidder has considered the entire Project and the Work required, and has reviewed the Drawings and Specifications to verify the full scope of the Work. BID FORM 8.1 Bids are due as indicated in the Advertisement For Bids. 8.2 Bids must be made out in ink on the Bid Form included in these Bidding Documents. Bid Form shall not be removed from the bound Project Manual, nor shall bids be submitted on a photocopy of the Bid Form. The unit price or lump sum bid for each item must be stated in figures in the appropriate blank spaces provided on the Bid Form. The figures must be clear and distinctly legible so that no question can arise as to their intent and meaning. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 8.3 Bids which are incomplete, unbalanced, conditional, or obscure or which contain additions not called for, erasures, alterations, or irregularities of any kind or which do not comply with these Instructions to Bidders may be rejected as informal or non -responsive at the option of Owner. However, Owner reserves the right to waive technicalities as to changes, alterations, or revisions and to make the award in the best interest of Owner. 8.4 Address bids to Owner, and deliver to the address given in the Advertisement For Bids on or before the day and hour set for opening the bids. Enclose the completed Bid Form and Project Manual (Specifications and Contract Documents) in a sealed envelope bearing the title of the project, the name of the Bidder, Bidder's Arkansas Contractor's License number, and the date and hour of the bid opening. If this sealed envelope is delivered by a public carrier, it must be contained in another envelope addressed to Owner and the attention of the project name. It is the sole responsibility of Bidder to see that the Bid is received on time. ' 00100 Instructions to Hidders.doc 00100-4 Garver No. 0296-3600(2) Ii 8.5 No Bidder shall divulge the information in the Bid to any person whomsoever, except those ' having a partnership or other financial interest with him in the Bid, until after the bids have been opened. ' 9 SIGNATURE ON BIDS 9.1 if the Bid is made by an individual, the firm name must be given, and the Bid Form signed by ' the individual or a duly authorized agent. If the Bid is made by a partnership, the firm name and the names of each member must be given, and the Bid signed by a member of the ' partnership, or a person duly authorized. If the Bid is made by a company or corporation, the company or corporate name must be given and the Bid signed by an officer or agent duly authorized. The corporate seal must be affixed and attested by the secretary or an assistant 1• secretary. The corporate address and state of incorporation must be shown below the signature. 9.2 All names must be typed or printed in black ink below the signature. 9.3 The address and telephone number for communications regarding the Bid must be shown. ' 9.4 Powers of attorney, properly certified, for agents and others to sign Bids must be in writing and filed with Owner. ' 9.5 The Bid shall also contain a signed acknowledgment of receipt of all Addenda. ' 10 BID SECURITY 10.1 Bid security, in the form of a bid bond, certified check, or similar financial instrument, in the ' amount stated in the Advertisement For Bids, must accompany each bid. Bid bonds for the difference in price between low bidder and second low bidder will not be acceptable. The ' Successful Bidder's security will be retained until Owner receives a signed Agreement and required Bonds and Certificates of Insurance. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen days after the ' Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. 10.2 The Owner reserves the right to retain the security of the three low bidders until the Successful Bidder enters into the Contract or until 60 days after bid opening, whichever is sooner. Cash equivalent security of the second and third low bidder maybe exchanged for an equivalent bid bond after bid tabulations are complete or 30 days after bid opening, whichever is sooner. If any Bidder refuses to enter into an Agreement, Owner may retain Bidder's bid security as liquidated damages but not as a penalty. L I PERFORMANCE BOND AND PAYMENT BOND I ' 00100 Instructions to Bidders.doc 00100-5 Garver No. 0296-3600(2) I I I I Ll I I L I I 11.1 Prior to signing the Agreement, Contractor shall furnish a surety performance Bond and a payment Bond, equal to one hundred percent of the contract price. 11.2 Contractor is to pay all expense in connection with the obtaining of said Bonds. The Bonds shall be conditioned that Contractor shall faithfully perform the contract and shall pay all indebtedness for labor and materials furnished or performed in the construction of such alterations and additions as prescribed in this contract. 11.3 The surety company issuing the Bonds must be a solvent company on the "Surety Companies Annual List" issued by the U.S. Department of the Treasury, and the Bonds are not to be issued in an amount greater than the underwriting limitations for the surety company as set out therein. 11.4 In Arkansas, prevailing law requires that performance and payment Bonds on public works contracts shall be executed by a resident local agent who is licensed by the Insurance Commissioner to represent the surety company executing said Bonds and filing with such Bonds his Power of Attorney as his authority. The mere countersigning of the Bonds will not be sufficient. 11.5 The date of the Bonds and date of the Power of Attorney shall be left blank. The Owner will fill in the dates upon execution of the contract. At least six originals of the Bonds shall be furnished, each with Power of Attorney attached. 11.6 Bonds are to be approved by Owner. If any Bonds contracted for become unsatisfactory or unacceptable to Owner after the acceptance and approval thereof, Contractor, upon being notified to that effect, shall promptly execute and furnish acceptable Bonds in the amounts herein specified. Upon presentation of acceptable Bonds, the unsatisfactory Bonds may be canceled at the discretion of Contractor. 12 CONTRACT TIME 12.1 The number of days within which, or the dates by which the Work is to be substantially completed and also completed and ready for final payment is outlined in the Bid Form. ' t3 LIQUIDATED DAMAGES ' 13.1 Provisions for liquidated damages, if any, are set forth in the Bid Form. I I I 14 SUBCONTRACTORS, SUPPLIERS, AND OTHERS 14.1 Contractor shall not assign or sublet all or any part of this contract without the prior written approval of Owner nor shall Contractor allow such subcontractor to commence work until approval of workman's compensation insurance and public liability insurance as may be required. Approval of each subcontract by Owner will in no manner release Contractor from any obligations as set out in the Drawings, Specifications, contract, and Bonds. ' 00too Instructions to Ridders.doc 00100-6 Garver No. 0296-3600(2) I I 15 SUBSTITUTE AND "OR EQUAL" ITEMS 15.1 The contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or ' "or -equal" items. However, a substitute or "or -equal" item of material or equipment maybe furnished or used by Contractor if acceptable to Engineer. Application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in the General Conditions and may be supplemented in the General Requirements. 16 COMPLIANCE WITH STATE LICENSING LAW I16.1 Contractors must be licensed in accordance with the requirements ofAct 150, Arkansas Acts of 1965, the "Arkansas State Licensing Law for Contractors". Bidders who submit Bids in ' excess of $20,000 must submit evidence of their having a contractor's license before their Bids will be considered, and shall note their license number on the outside of the envelope containing the Bid Form and on the Bid Form. 17 QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS ' 17.1 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days after bid opening, upon Owner's or Engineers's request, detailed written ' evidence such as financial data, present commitments, and other such data as maybe called for. Each Bid must contain evidence of Bidder's qualification to do business in the State of Arkansas. 18 DISQUALIFICATIONS OF BIDDERS 18.1 Any one or more of the following may be considered as sufficient for the disqualification of bidders and the rejection of Bids. I 18.2 More than one Bid Form for the same work from an individual, firm, partnership, or corporation under the same or different names. I 18.3 Evidence of collusion among bidders. Participants in such collusion may receive no recognition as bidders for any future work. ' 1 8.4 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. I 00100 Instructions to Bidders.doc 00100-7 Garver No. 0296-3600(2) 18.5 Lack of competency as revealed by the financial statement, experience, plant, and equipment statements submitted. Lack of responsibility as shown by past work judged from the standpoint of workmanship and progress. 18.6 A bid by an unlicensed contractor bidding under a licensed contractor's name. 18.7 Uncompleted work which, in the judgement of Owner, might hinder or prevent the prompt completion of additional work if awarded. 18.8 Being in arrears on existing contracts, in litigation with Owner, or having defaulted on a previous contract. 19 OPENING OF BIDS 19.1 Bids will be opened and read aloud publicly at the place where Bids are to be submitted in a room to be designated by Owner the day of the bid opening. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 20 CONSIDERATION OF BIDS 20.1 After the bids are opened and read, the quantities will be extended and totaled in accordance ' with the bid prices of the accepted Bids. This review of the Bids will confirm the low bidder. 20.2 In evaluating Bids, Owner will consider the qualifications of Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data as may be requested in the Bid Form or prior to the Notice of Award. 20.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner also may consider the operating costs, maintenance requirements, performance data, and guarantees of major items of materials and ' equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Selection. ' 21 RIGHT TO REJECT BIDS 21.1 Owner reserves the right to reject any and all Bids, to waive technicalities, and to advertise ' for new bids. All Bids are subject to this reservation. Owner reserves to itself the right to decide which shall be deemed the lowest responsive and responsible Bid. Due consideration will be given to the reputation, financial ability, experience and equipment of the Bidder. 21.2 Owner also reserves the right to waive informalitics not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. 00100 Instructions to I3idders.doc 00100-8 Garver No. 0296-3600(2) Li I 22 AWARDING OF CONTRACT I I Ti iH I H I L P 22.1 Owner reserves the right to withhold the awarding of a contract a reasonable period of time from the date of opening bids, not to exceed 60 days except with the consent of the Successful Bidder. The awarding of a contract upon a successful Bid shall give the Bidder no right to action or claim against Owner upon the contract until the contract is reduced to writing and signed by the contracting parties. The letting of a contract shall not be complete until the contract is executed and the necessary Bonds approved. 23 RETAiNAGE 23.1 Provisions concerning retainage and Contractor's rights to deposit securities in lieu of retainage are set forth in the Agreement. 24 SIGNING OF AGREEMENT 24.1 When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the number of unsigned counterparts of the Agreement as indicated in the Supplementary Conditions, with all other written Contract Documents attached. Within ten (10) days thereafter, Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds & Certificate of Insurance. Within ten (10) days thereafter Owner shall deliver one fully signed counterpart to Contractor. ' 25 MATERIALS GUARANTY I I I n I I I 25.1 Before any contract is awarded Bidder may be required to furnish a complete statement of the origin, composition, or manufacture of any or all materials proposed to be used in the construction of the Work, together with samples, which may be subjected to tests provided for in the Specifications to determine their quality and fitness for the Work. 26 FAMILIARITY WITH LAWS 26.1 Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Contractor will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the Contract. 27 ADDITIONAL LAWS AND REGULATIONS Bidders' attention is called to the following laws and regulations which may have an impact on the Work and on the preparation of the Bid. 00100 Instructions to Bidders.doc 00100-9 Garver No. 0296-3600(2) 1 I I 1 n n i- Section 00300 BID FORM Contract 05-25 Gregg Avenue Water System Improvements Phase II Fayetteville, Arkansas Bid of r_c_ (hereinafter called "Bidder"), a corporation, To: City of Fayetteville , (hereinafter called "Fayetteville"): The Bidder, in compliance with Fayetteville's Advertisement For Bids on March 11, 2005 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 150 consecutive calendar days, and to fully complete the project within 180 consecutive calendar days after that agreed date as stipulated in the General Conditions. Bidder acknowledges receipt of the following addenda: Addendum Number ii\- 3 -\%-pc AI:- 3-jl•ay Item Description Quantity Unit Unit Price Cost 1 18" PVC C-905 DR -18 Waterline 6,550 LF 10. 0 453, Soo. 00 2 12" PVC C-900 DR -14 Waterline 380 LF 4-.50 IB05o.00 3 8" PVC C-900 DR -14 Waterline 1,160 LF S1 50 3b%ta0,0O 00300 -Bid Form.doc 00300 - 1 Garver Project No. 0296-3600(2) I C H H H I n C I. I I 4 6" PVC C-900 DR -14 Waterline 135 LF 1 S 3 8. 7S 5 4" PVC C-900 DR -14 Waterline 20 LF 1t,, `IS 335.Oo 6 Ductile Iron Fittings 9,590 LB ( S (,v 73D. 58 7 8"X8" Tapping Sleeve and Valve with Valve Box 4 EA )130, 0O SSa o0 8 18" Butterfly Valve with Valve Box 12 EA 4SOS.00 588b0.00 9 12" Butterfly Valve with Valve Box I EA dgso, 00 a9 SO.00 10 8" Gate Valve with Valve Box 9 EA 1 1-7O.OO 11'30.00 II Air Release Valve I EA 1a5 so.co 12 Fire Hydrant Assembly 6 EA 83J, 00 1-1010.00 13 Cut and Cap Existing 8" Water Main 4 EA (035.00 a5`t0.00 14 Cut and Grout Existing Water Main 8 EA \000.00 %000.00 15 2" Polyethylene Service Line 50 LF 11.\p SSSOO 16 1" Polyethylene Service Line 50 LF 1p.0O 50000 17 2" Service Saddle I EA c155,00 dSS00 18 1" Service Saddle I EA d3o.00 %30.00 19 2" Ball Valve I EA oll 1. d5 al�.as 20 1" Ball Valve 1 EA q D 21 2" Water Meter Yoke 1 EA v5.00 gd5.00 22 1" Water Meter Yoke I EA I%S.00 185.00 23 3/4" Water Meter Yoke 1 EA 105.00 los. o0 24 Water Meter Box 1 EA 11,5 .00 I_os-00 25 Water Meter Lid I EA (oa,s0 6J, SO 26 Adjust Existing Meter Location I EA 101.15 101.15 27 Permanent ACHM Pavement Repair 885 SY 1%5.00 39,%a5.00 28 Permanent Concrete Pavement Repair 115 SY SO.00 5-750.Op 29 Class 7 Backfill Under Pavement 208 CY 1a .00 d`1gto.0p 00300 -Bid Form.doc 00300 - 2 Garver Project No. 0296-3600(2) 1 I I 1 I 1 I 1 1 I I I I I P I 30 30" Bored Steel Encasement Pipe 70 LF 3S.00o.00 31 30" Steel Encasement Pipe 370 LF _00.00 `14 000, 00 Installed By Open Cut 32 24" Steel Encasement Pipe 125 LF 110,00 13 750• oO Installed•By Open Cut 33 16" Bored Steel Encasement Pipe 25 LF 33%.Oo 5450.00 34 16" Steel Encasement Pipe 405 LF 8 -).-so 3543 1.50 Installed By Open Cut 35 12" Steel Encasement Pipe 105 LF %o00 $400.00 Installed By Open Cut 36 Concrete Encasement 175 CY 1'10.50 agg3-7, 50 37 Embankment Over Water Main 1,250 CY Io.SO 13106, 00 38 4" Concrete Sidewalk 77 SY 55.00 4_35.00 39 2' Concrete Curb and Gutter 15 LF x0.00 300.00 40 6" Concrete Curb 30 LF \a.00 5'1000 Remove and Deliver existing Fire 4 EA 41 Hydrant x50,0O 1000.00 42 Remove and Replace Existing 30 LF 15,00 450.00 Fence 43 4' ID Manhole (0'-12' Deep) 2 EA atil000, So 4431. 00 44 16" PVC SDR-21 Gravity Sewer 509 LF 9io•50 440x8. 5*0 (0'-12' Deep) 45 Remove and Dispose of Existing I EA 10-75.00 lot 5.00 Manhole 46 Connect to Existing Manhole I EA hoo•0O IDoo• 0 47 Mobilization I LS pnp •10 48 Site Preparation 1 LS d35oo.00 073500.00 49 Trench Excavation and Safety I LS ladttb•oo Iaaw •0o 50 Maintenance of Traffic I LS y9po-9�-- OOOO PC 51 Erosion Control 1 LS 8500.00 SSOo 00 TOTAL BID 00300 -Bid Form.doc 00300 - 3 Garver Project No. 0296-3600(2) The Bidder shall state the Unit Price and the Total Price Bid (written in ink or typed) for each pay item, and the total amount bid. In case of conflict between figures, the Unit Prices, unless obviously incorrect, shall govern. Bidder understands that 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, c -o% rnoc3'cy Firm Name Z By C I I I I H ygo3 S. SNta��ovN Address N(i (oS%\O City State olSS9)04oS Arkansas State Contractor's License Number End of Section 00300 00300 -Bid Form.doc 00300 - 4 Garver Project No. 0296-3600(2) C I I I Section 00350 BID BOND STATE OF ARKANSAS KNOW ALL MEN BY THESE PRESENTS, that we: Principal and Contractor, and ' hereinafter called Surety, are held and firmly bound unto the City of Fayetteville ,Arkansas and represented by its Mayor and City Council, hereinafter called Fayetteville, in the sum of ' DOLLARS ($ ' lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. ' WHEREAS, the Principal contemplates submitting or has submitted a bid to Fayetteville for the furnishing of all labor, materials (except those to be specifically furnished by Fayetteville), ' equipment, machinery, tools, apparatus, means of transportation for, and the performance of the work covered in the Bid and the detailed Drawings and Specifications, entitled: ' Gregg Avenue Water System Improvements - Phase (I City of Fayetteville, Arkansas WHEREAS, it was a condition precedent to the submission of said bid that a cashier's check, certified check, or bid bond in the amount of 5 percent of the base bid be submitted with said bid as a ' guarantee that the Bidder would, if awarded the Contract, enter into a written Contract with the Owner for the performance of said Contract within 15 consecutive calendar (lays after written notice having been given of the award of the Contract. ' NOW, THEREFORE, the conditions of this obligation are such that if the Principal within 15 consecutive calendar days after written notice of such acceptance enters into a written Contract with ' Fayetteville and furnishes a Contract Surety Bond in an amount equal to 100 percent of the base bid, satisfactory to Fayetteville, then this obligation shall be void; otherwise the sum herein stated shall be due and payable to Fayetteville and the Surety herein agrees to pay said sum immediately upon ' demand of Fayetteville in good and lawful money of the United States of America, as liquidated damages for failure thereof of said Principal. 00350 Bid Bond.doc 00350-1 Garver Project No. 0296-3600(2) IN WITNESS WHEREOF, the said caused these presents to be signed in its name by its attested by its these presents to be signed in its name by its under its corporate seal, this Signed, sealed and delivered in the presence of: Surety As to Principal As to Surety 00350 Bid Bond.doc as Principal herein, has and under its corporate seal, and the said as Surety herein, has caused day of Principal -Contractor A.D., 2005. Title Attorney -in -Fact (Power -of -Attorney to be Attached) By Resident Agent 00350-2 Garver Project No. 0296-3600(2) I ' TO: NOTICE OF SELECTION PROJECT DESCRIPTION: Gregg Avenue Waterline Improvements — Phase 11 Fayetteville has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated March 11, 2005 and Instructions to Bidders. You are hereby notified that your BID has been accepted in the amount of: You are required by the Instructions to Bidders to execute the Contract and furnish six (6) original CONTRACTOR'S Performance BOND, Payment BOND, and Certificates Of Insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Contract and to furnish said BONDS within ten (10) days from the date of this Notice, Fayetteville will be entitled to consider all your rights arising of your BID BOND. Fayetteville will be entitled to such other rights as maybe granted by law. You are required to return an acknowledged copy of this NOTICE OF SELECTION to Fayetteville. Dated this _ day of , 2005. FAYETTEVILLE CITY ENGINEERING — By Title ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF SELECTION is hereby acknowledged By t -a ero,. cxs ttc.. this the \3 day of , 2005 By Title Fns sva.,�,r 00350 Bid Bond.doc 00350-3 Garver Project No. 0296-3600(2) H I I I I L H L Section 00500 AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT is dated as of the day of in the year 2005 by and between the City of Fayetteville, Arkansas (hereinafter called FAY"I'EVILLE) and C-2 Projects, LLC (hereinafter called CONTRACTOR). FAYETTEVILLE and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Gregg Avenue Water System Improvements — Phase II City of Fayetteville, Arkansas Article 2. ENGINEER. The Project has been designed by: Garver Engineers, LLC 1088 East Millsap Road Fayetteville, AR 72703 ' who is hereinafter called ENGINEER and who is to act as FAYETTEVILLE's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract documents. Article 3. CONTRACT TIME. I I J L L 3.1. The Work shall be substantially completed within 150 consecutive calendar days after the date when the Contract Time commences to run as provided in paragraph 2.03 of the General Conditions, and fully completed and ready for final payment in accordance with paragraphs 14.07 B & C of the General Conditions within 180 consecutive calendar days after the date when the Contract Time commences to run. If delays in utility relocations by others impede the Contractor's progress for major Contract items and/or items critical to the prosecution of the work within the Contract Time, the Contract Time will be temporarily suspended or adjusted by the City as appropriate. During such periods, the Contractor will be allowed to work on minor Contract items, as approved by the City, without spending Contract Time. ' 00500 Contract.doc 00500-1 Garver Project No. 0296-3600(2) H I I I I I H C I I I H I H J I I I 3.2. Liquidated Damages. FAYETTEVILLE and CONTRACTOR recognize that time is of the essence of the Agreement and that FAYETTEVILLE will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by FAYETTEVILLE if the Work is not completed on time. Accordingly, instead of requiring any such proof, Fayetteville and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay FAYETTEVILLE Five Hundred dollars 5($ 00.00) for each day that expires after the time specified in paragraph 3.1 for substantial completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by FAYETTEVILLE, CONTRACTOR shall pay FAYETTEVILLE Five Hundred dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the prices bid in the Proposal which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03.B of the General Conditions. Changes, modifications, or amendments in scope, price, or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost, or fees. Article 5. PAYMENT PROCEDURES 5.1. Progress Payments. FAYETTEVILLE shall make periodic progress payments on the basis of Work completed as provided in paragraph 14.02 of the General Conditions and SC - 14.02 of the Supplementary Conditions. Prior to Final Completion, progress payments will be made in an amount equal to the value of completed Work, plus the value of stored materials, less retainage, less the aggregate of payments previously made, and less such amounts as FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions: Retainaye: FAYETTEVILLE will retain ten percent of the value of completed Work until such time as 50 percent of the Work has been completed. If 50 percent of the Work has been completed, as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to FAYETTEVILLE, retainage will be 00500 Contract.doc 00500-2 Garver Project No. 0296-3600(2) J fixed at five percent of the Contract Price. FAYETTEVILLE reserves the right to reinstate retainage at ten percent if the character and progress of the Work become unsatisfactory to FAYETTEVILLE. Stored Materials: FAYETTEVILLE will pay 100 percent of the value of materials and equipment not incorporated in the Work but delivered, suitably stored, insured, and accompanied by documentation satisfactory to FAYETTEVILLE as provided in paragraphs 14.02.B.5 & 14.02.D of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraphs 14.06 and 14.07.B & C of the General Conditions, FAYETTEVILLE shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraphs 14.07.B & C. Article 6. CONTRACTOR'S REPRESENTATIONS. I In order to induce FAYETTEVILLE to enter into this Agreement CONTRACTOR makes the following representations: ' 6.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in Article 7) and the other related data identified in the Bidding Documents including "technical data." 6.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, or furnishing of the Work. 6.3. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. ' 6.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in ' or relating to existing surface or subsurface structures at or contiguous to the site which have been identified in the Supplementary Conditions as provided in paragraph 4.02.A of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC- 4.02 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.02 of the General Conditions. 1 CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that FAYETTEVILLE and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained ' and carefully studied (or assumes responsibility for having done so) all such additional ' 00500 Contract.doc 00500-3 Garver Project No. 0296-3600(2) n 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 CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 6.5. CONTRACTOR is aware of the general nature of work to be performed by FAYETTEVILLE and others at the site that relates to the Work as indicated in the Contract Documents. 6.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 6.7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to ' CONTRACTOR and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between FAYETTEVILLE and CONTRACTOR concerning the Work consist of the following: 7.1. This Agreement (pages I to 6, inclusive). 7.2. Performance and Payment Bonds, (Exhibit A). 7.3. Certificates of Insurance, (Exhibit B). 7.4. General Conditions (pages 1 to 40, inclusive). 7.5. Supplementary Conditions (pages 1 to 15, inclusive). 7.6. Specifications consisting of Sections as listed in Table of Contents herein. 7.7. Addenda numbers 1 to 2 , inclusive. 7.8. Drawings (not attached hereto) consisting of a cover sheet and sheets numbered I through 21, inclusive with each sheet bearing the following general title: 00500 Contract.doc 00500-4 Garver Project No. 0296-3600(2) I L I J U iI City of Fayetteville Gregg Avenue Water System Improvements — Phase II 7.9. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: 7.9.1. Notice to Proceed 7.9.2. All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.04 of the General Conditions. ' The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 7. The Contract m Docuents may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions. Article 8. MISCELLANEOUS. ' 8.1. Terms used in the Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party ' sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. ' 8.3. FAYETTEVILLE and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the ' Contract Documents. 8.4. Any provision or part of the Contract Documents held to be void or unenforceable under ' any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. ' 8.5 Freedom of Information Act: City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the Contractor will do ' 00500 Contract.doc 00500-5 Garver Project No. 0296-3600(2) I 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. IN WITNESS WHEREOF, FAYETTEVILLE and CONTRACTOR have signed this Agreement in six (6) counterparts. One counterpart each has been delivered to FAYETTEVILLE and ENGINEER, and two counterparts have been delivered to CONTRACTOR. All portions of the Contract Documents have been signed, initialed, or identified by FAYETTEVILLE and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on , 2005 (which is the Effective Date of the Agreement). a C OWNER: ity of Faye e ille CONTRACTOR: 2 100..40- 2.c_Js By: By: Mayor ' �• FtKlTR `J o.Gs G`j ..OE9SsA' rV• Title '• _ ;FAYETTEVILLE; PORATF,SB ] [CORPORATE SEAL] ' I'a corPorak Soul �'rr„HGT0tA S`' ` ' Attest Mt&LJ Attest ' Address for giving notices Address for giving notices 4403 S . sw„wh taO CgS%1D (If FAYETTEVILLE is a public body, attach License No. 015757910 4oS ' evidence of authority to sign and Agent for service of process: resolution or other documents authorizing execution of Agreement.) 1 1 (If CONTRACTOR is a corporation, attach evidence of authority to sign) ' 00500 Contract.doc 00500-6 Garver Project No. 0296-3600(2) H I I I I L L H H H H H C C H I I H I DD% , Western Surety Company PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: Bond No. 586201 52 Thatwe,C-2 Projects LLC of Springfield, M0. - (Contractor), as Principal, and WESTERN SURETY COMPANY, 950 Echo Lane, Suite 250, Houston, Texas 77024, as Surety, are held and firmly bound unto City of Fayetteville, AR. (Owner), as Obligee, in the penal sum of 1 Million 1 Hundred Sixty Nine Thousand 3 Hundred Thirty Six &25/100 Dollars($1.169.336.25 lawful money of the United States of America, for the payment of which, well and truly to be made, we bind • ourselves, our heirs, executors, administrators, successors and assigns firmly by these presents. WHEREAS, the Principal has, by written agreement dated entered into a contract with Obligee for Greeg Avenue Water System Improvments Phase II in accordance with drawings and specifications prepared by Garver Engineers which contract is by reference made a part hereof, and is hereafter referred to as the "Contract." - NOW, THEREFORE, the condition of this obligation is such that, if the Principal shall faithfully perform work contracted to be performed and comply with all provisions of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. The total amount of the Surety's liability under this bond shall in no event exceed the penal sum hereof. No right of action or recovery shall accrue hereunder to or for the use of any person or entity other than the Obligee named herein, its heirs, executors, administrators or successors. Signed, sealed and dated C-2 Projects LLC Principal B` Title WESTERN SURETY COMP//ANY i Graham Venable Attorney -in -Fact Form F34948-2003 H Western Surety Company Li I I I r L J I I I I I J J I I 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 Dennis Breckenridge, Edwin Crawford, Pamela Crawford, David Duncan, Graham Venable, Individually of Springfield, MO, its true and lawful Attorney(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 instruments 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 Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 9th day of March. 2004. +y�rrre WESTERN SURETY COMPANY O B� i\aC+,jeY �+NpN Paul . BruFlat, Senior Vice President State of South Dakota 1 )j ss County of Minnehaha On this 9th day of March, 2004, before me personally came Paul T. Bruflat, 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 instrument 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 same to be the act and deed of said corporation. My commission expires +•\\\\\..••\\•\•..•\\\\\. D. KRELL C November 30, 2006 1 ¢At NOTARY DAKOTA `/, �Js�A.. r Y ICC y ODK PUBLIC ♦••\\\\\•\•\\\\\\\•\•\• D. Krell, No ry Public CERTIFICATE 1, L Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and ibrther certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof! have hereunto subscribed my name and affixed the sett of the said corporation this 6th day of May 2005 WESTERN SURETY COMPANY + C ' ,ee4'•�Jrc> Sc�` •Y 4son,MsrtS Forrn F4280-01-02ecretary I 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 maybe printed by facsimile. ' I I I L L I [1 I CH I I I 1 1 1 1 1 . ODl° ' Western Surety Company PAYMENT BOND Bond No. 58620150 KNOW ALL PERSONS BY THESE PRESENTS: That C-2 Projects LLC of Springfield, MO. Principal, and WESTERN SURETY , COMPANY, 950 Echo Lane, Suite 250, Houston, Texas 77024, Surety, are firmly held and firmly bound unto City of Fayetteville, AR. ,Obligee, in the penal sum of 1 Million 1 Hundred Sixty Nine Thousand 3 Hundred Thirty Six & 25/100 Dollars ($ ), for the payment of which we bind ourselves, our legal representatives, successors and assigns firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated • for Gregg Avenue Water System Improvements Phase II copy of which contract is by reference made a part hereof. • NOW, THEREFORE, if Principal shall promptly make payment to all persons supplying labor and material incorporated in the prosecution of the work provided for in said contract, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that the Obligee having required the Principal to furnish this bond in accordance with any applicable statutes, all rights and remedies shall inure solely to the statutory beneficiaries in accordance with the provisions, conditions, and limitations of said applicable statutes to the same extent as if they were copied at length herein. SIGNED, sealed and dated C-2 Projects y WEST RN SURETY COMPANY 1. By• - Attorney -in -Fact Graham Venable Form F3493-8-2003 J - I 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 ' Dennis Breckenridge, Edwin Crawford, Pamela Crawford, David Duncan, Graham Venable, Individually of Springfield, MO, its true and lawful Attorney(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 instmments 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 Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 9th day of March, 2004. ' O—gmnat,5cni WESTERN SURETY COMPANY 'or Vice President State of South Dakota J ss County of Minnehaha ' On this 9th day of March, 20O4, before me personally came Paul T. Bruflat, 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 instrument 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 same to be the act and deed of said corporation. 1 My commission expires +rrrrwrrwrrrrrrrrwrrrrrrr D. KRELL ' November 30, 2006 ` EAL NOTARY PUBLIC `/' �+tJ�[Jt- e SOUTH DAKOTA +rrrrrrrrrrrrrrrrrrrrr♦ D. Krell, No ary Public ' CERTIFICATE 1, 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 ncnx and affixed the seal of the said corporation this 6th day of May 0 0 5 WESTERN SURETY COMPANY •' r op��va�,^sue �'rM A F4280 -0I-02 IIJ.[L/ /17V Fort L. Nelson, Assistant Secretary C 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 maybe printed by facsimile. J J J J I J I J I vv v C INSURORS, INC. 1334 S. Glenstone Springfield, MO 65804 Tel. 417-882-2600 Fax 417-883-1513 RE: C-2 Projects LLC To Whom It May Concern: Please use this letter as your authority to date the bonds and power of attorney the same date • as the contract date. Also, please forward us a copy of the contract dated and signed. Thank you for your assistance and please call if you have any questions. Sincerely, Graham Venable I' LARGE enough to serve you Smart enough to know you AGORD1 CERTIFICATE OF LIABILITY INSURANCE J DAT /20/20 5 04/20/2005 •oDULER Serial # 100256 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION BRECKENRIDGE INSURORS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1334 SO. GLENSTONE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR SPRINGFIELD, MO. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PH 417 882 2600 FAX 417 890 7289 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: BURLINGTON INS CO. C-2 PROJECTS LLC INSURER e: CAROLINA CASUALTY INS. CO. ' 4930 SO. STANTON INSURER C: MISSOURI EMPLOYERS MUTUAL SPRINGFIELD, MO. 65810 INSURER D: MT HAWLEY INS CO. INSURER E: I 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 MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, ISSUED OR EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADO L TYPE OF INSURANCE NSR POLICY NUMBER POUCY EFFECTIVE POLICY EXPIRATION DATE MM/0DM' GATE MM/DD/YY LIMITS GENERAL LWBIUTY A X COMMERCIAL EACH OCCURRENCE $ 1,000,000 GENERAL LIABILITY 536000364 TO RENTED 5/24/2004 5/24/2005 DAMAGE MA$ 100,000 CLAIMS MADE OCCUR o ' MEDEXP (Anyone person $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 AGGREGATE LIMIT APPLIES PER: LI_GENL PRODUCTS-COMP/OP AGG f 1,000,000 POLICY I�I AUTOMOBILEUABILITY 339061 5/10/2004 5/10/2005 B ANY AUTO COMBINED SINGLE LIMIT (Ea amEent) $ 1OOO000 X ALL OWNED AUTOS ' SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS ' NON -OWNED AUTOS BODILY INJURY (Per omdent) $ PROPERTY amden DAMAGE $ GARAGE LIABILRY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC f AUTO ONLY: AGG $ EXCESBNMBRELLA LIABILITY EMX0300911 X OCCUR ICLAIMS MADE EACH OCCURRENCE S 5/12/2004 5/12/2005 2,000,000 AGGREGATE f DEDUCTIBLE f _ RETENTION $ S J WORKER'S EMPLOYERS'DLIABILITYnON AND 785936 $ 5/21/2004 5/21/2005 TORYLIMITS X ER ANY PROPRIETORJPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EL EACH ACCIDENT $ 1,000,000 If yes, dosunder SPECIAL PROVISIONS below EL DISEASE - EA EMPLOYEE S 1,000,000 OTHER EL DISEASE -POLICY LIMIT $ 1,000,000 RIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS TIFICATE HOLDER NAMED AS ADDITIONAL INSURED GARVER ENGINEERS LLC 1088EAST MILLSAP RD. FAYETTEVILLE, AR NAMED AS ADDITIONAL INSURED TIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF FAYETTEVILLE ARKANSAS DATE THEREOF, THE ISSUING INSURER MAIL 30 DAYS WRITTEN 113 W. MOUNTAIN ST. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, FAYETTEVILLE, AR. 72703 AUTOO ED REPRESENTATIVE OF INDEPEN ENT INSURANCE AGENCY IA RD 25(2001/08) ::\FMPRO\CERTPROS.FP5 I ©ACORD CORPORATION 1988 NOTICE TO PROCEED TO: DATE: PROJECT: Gregg Avenue Water .System Improvements — Phase!! You arc hereby notified to commence WORK in accordance with the Contract dated _on or before , and you are to substantially complete the WORK within 150 consecutive calendar days thereafter and have the Work complete and ready for final payment within this allotted time. The date for final completion is therefore , 2005. CITY OF FAYETTEVILLE, ARKANSAS Owner M ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by this the day of , 20 By: Title 00500 Contract.doc 00500-14 Garver Project No. 0296-3600(2) I LI I I 1 I This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. LSIG1LNIAW GENERAL CONDITIONS Is)SflI l CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By 1 A C Professional National Society al ng of ��� American Society []CEL, _ pro%ssionaIEngineer_s s.•�'.•>Univ. ••rn=n•ni••Professional Engineers in Private Practice of Civil Engineers I. PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division ofthe 1 NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS I 1l I I I I I AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America Iallng I,. mac. a Quill Construction Specifications Institute EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-0 L Li I I I I I Copyright ®2002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Council of Engineering Companies 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C-520 or C-525 (2002 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 Construction Documents, General and Instructions (No. C-001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C-800) (2002 Edition). I I I I I I I I I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professlonal Engineers for EJCDC. All rights reserved. 00700-1 I [1 TABLE OF CONTENTS ARTICLE. l - DEFINITIONS AND TERMINOLOGY ......................................... ' 1.01 Definer) T erm.s..................................................................................... 1.02 Terminology........................................................................................ ARTICLE 2 - PRELIMINARY MATTERS........................................................... 2.01 Delivery of Bonds and Evidence oflnsurance ' .................................... 2.02 Copies of Documents.......................................................................... 2.03 Commencement of Times; Notice to Proceed ...................... 2.04 Starting the Work................................................................................ ' 2.05 Before Starting Construction.............................................................. 2.06 Pr•econs•trttction Conference................................................................ 2.07 Initial Acceptance ofSchedules........................................................... H r — L I I I I 7 L C Ti Page ....................................................6 ....................................................6 .....................................................8 ARTICLE 3- CONTRACT I)OCUMENTS: INTENT, AMENDING, REUSE.......................................................................10 3.01 Intent..................................................................................................................................................................... 1 0 3.02 Reference Standards ............................................................................................................................................. J 0 3.03 Reporting trncl Resolving Discrepancies................................................................................................................10 3.04 Amending and Supplementing Contract Documents ..............................................................................................11 3.05 Reuse of Documents...............................................................................................................................................11 3.06 Electronic Data ......................................................................................................................................................1 1 ARTICLE. 4 -AVAILABILITY OF LANDS; SUBSURFACE. AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONIv1ENTAL CONDITIONS; REFERENCE POINTS................................................................................................I1 4.01 Avccilahility ol"(,nds..............................................................................................................................................I I 4.02 Suhsur)2rce ant! Physical Conditions......................................................................................................................12 4.03 Di(ferinq Sttbsta%ace ot• Physical Conditions......................................................................................................... 12 4.04 Underground Facilities..........................................................................................................................................13 4.05 Reference Points.................................................................................................................................................... 13 4.06 Ilazarcicrets Environmental Condition at Site.......................................................................................................... 13 ARTICLE 5- BONDS AND INSURANCE..............................................................................................................................14 5.01 Performance. Pavn:ent, and Other Bonds.............................................................................................................. 14 5.02 licenser! Sureties and Insurers .............................................................................................................................. 15 5.03 Certificates oflnsttrance........................................................................................................................................15 5.04 Coni actor•'.s Liability In.surance............................................................................................................................1 S 5.05 Owner's Licthility Insurance..................................................................................................................................16 5.06 Pr•oper•t , Insurance................................................................................................................................................16 5.07 Waiver ofRights..................................................................................................................................................... I7 5.08 Receipt true!Application of Insurance Pr•oceeds....................................................................................................17 5.09 Acceptance ofBonds and Insurance; Option to Replace.......................................................................................17 5.10 Partial Utilization, Acknowledgment of Property Insurer.................................18 A. ARTICLE 6- CONTRACTOR'S RESPONSIBILITIES..........................................................................................................18 6.01 Supervision rind .Stiper•intencicnce..........................................................................................................................18 6.02 Labor; Working Hotirs........................................................................................................................................... I8 6.03 Services. Materials, and Equipment....................................................................................................................... 18 6.04 Progress Schedule ..................................................................................................................................................18 6.05 Substitutes and "Or-Equals".................................................................................................................................19 6.06 Concerning Subcontractors. Suppliers, and Others...............................................................................................20 6.07 Patent lees and Rova/ties......................................................................................................................................21 6.08 Permits ...................................................................................................................................................................21 6.09 .f.,tvs tint! Regulations............................................................................................................................................21 6.10 Taxes ......................................................................................................................................................................22 6.11 Use ofSite anti Other Ar•eas...................................................................................................................................22 6.12 Record Documents.................................................................................................................................................22 6.13 Sgfe(y and Protection .............................................................................................................................................22 6.14 Safety Representative.............................................................................................................................................23 6.15 Hazard Communication Programs .....................................................................................................................23 ' EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 2 6.16 Emergencies...........................................................................................................................................................23 ' 6.17 Shop Drawings and Samples..................................................................................................................................23 6.18 Continuing the Work..................................................................................:...........................................................24 619 Contractor's General Warranty and ' .Guarantee....................................................................................................24 6.20 Indemnification......................................................................................................................................................24 6.21 Delegation ofProjessional Design Services..........................................................................................................25 7 - , ARTICLE OTHER WORK AT THE SITE..........................................................................................................................25 7.01 Related Work at Site...............................................................................................................................................25 7.02 Coordination..........................................................................................................................................................26 7.03 Legal Relationships................................................................................................................................................26 ARTICLE 8 - OWNER'S RESPONSIBILITIES......................................................................................................................26 8.01 Communications to Contractor..............................................................................................................................26 8.02 Replacement of Engineer....................................................................................................................................... 26 8.03 Furnish Data..........................................................................................................................................................26 , 8.04 Pay When Due........................................................................................................................................................26 8.05 Lands and Easements; Reports and Tests..............................................................................................................26 8.06Insurance................................................................................................................................................................26 8.07 Change Orders.......................................................................................................................................................26 , 8.08 Inspections, Tests. and Approvals..........................................................................................................................26 8.09 Limitations Ow on ner's Responsibilities................................................................................................................27' 8.10 Undisclosed Hazardous Environmental Condition................................................................................................27 8.11 Evidence ofFinancial Arrangements.....................................................................................................................27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION.....................................................................................27 9.01 Owner's Representative.........................................................................................................................................27 9.02 Visits to Site............................................................................................................................................................27 9.03 Project Representative ...........................................................................................................................................27 9.04 Authorized Variations in Work...............................................................................................................................27 9.05 , Rejecting Defective Work.......................................................................................................................................27 9.06 Shop Drawings, Change Orders and Payments.....................................................................................................28 9.07 Determinations for Unit Price Work......................................................................................................................28 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work...................................................28 9.09 , Limitations on Engineer's Authority and Responsibilitlea.....................................................................................28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS...........................................................................................................28 10.01 Authorized Changes in the Work............................................................................................................................28 10.02 Unauthorized Changes in the Work.......................................................................................................................29 10.03 Execution of Change Orders..................................................................................................................................29 10.04 Notification to Surety.............................................................................................................................................29 10.05 Claims....................................................................................................................................................................29 , ARTICLE 1 I - COST OF THE WORK; ALLOWANCES; UNIT PRW ICE ORK..................................................................30 11.01 Cost ofthe Work.....................................................................................................................................................30 11.02 Allowances.............................................................................................................................................................31 11.03 Unit Price Work.....................................................................................................................................................31 '. ARTICLE 12 -CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES.....................................................32 12.01 Change of Contract Price......................................................................................................................................32 12.02 Change of Contract Times.....................................................................................................................................33 12.03 Delays ......................................, ay..............................................................................................................................33 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK.......33 13.01 Notice of Defects....................................................................................................................................................33 13.02 Access to Work.......................................................................................................................................................33' 13.03 Tests and Inspections.............................................................................................................................................33 13.04 Uncovering Work...................................................................................................................................................34 13.05 Owner May Stop the Work.....................................................................................................................................34 13.06 Correction or RemovalofDefective Work.............................................................................................................34 13.07 Correction Period..................................................................................................................................................34 13.08 Acceptance afDefecttve Work................................................................................................................................35 13.09 Owner May Correct Defective Work......................................................................................................................35 , ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION...............................................................................36 14.01 Schedule of Values.................................................................................................................................................36 14.02 Progress Payments.................................................................................................................................................36 14.03 Contractor's Warranty of Title..............................................................................................................................37 14.04 Substantial Completion..........................................................................................................................................37 EJCDC C-700 Standard General Conditions of the Construction Contract. ' Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00100-3 14.05 Partial Utilization..................................................................................................................................................38 14.06 Final Inspection.....................................................................................................................................................38 I. 14.07 Final Payment........................................................................................................................................................38 14.08 Final Completion Delttyetl.....................................................................................................................................39 14.09 Waiver o/ Claimx....................................................................................................................................................39 ' ARTICLE 15 - SUSI'E1' SION OF WORK AN.39 D TERMINATION....................................................................................... 15.01 Owner Metv Suspend Wrork.....................................................................................................................................39 15.02 ()timer May Terminate jor Cause...........................................................................................................................39 15.03 Onmer lkiy Terminate For Convenience............................................................................................................... 40 ' 15.04 Comracto, May .Stop 19a'k or Terminette..............................................................................................................40 ARTICLE16 - DISPUTE RESOI.UTION................................................................................................................................41 16.01 ,tdetbods anti Procedures........................................................................................................................................41 ARTICLE17 . MISCELLANEOUS.........................................................................................................................................41 I17.01 Giving Notice.......................................................................................................................................6.6.6.6........... 41 17.02 Computation of Times............................................................................................................................................41 17.03 Cunzttl❑tiveRenzedics.............................................................................................................................................41 17.04 Survival rtfObligations..........................................................................................................................................41 17.05 Controlling Law .....................................................................................................................................................41 17.06 Headings ......................................................................................................................... 41 Li rJ L I I I I Li I I I ' EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-4 I GENERAL CONDITIONS ARTICLE I - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda --Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed 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. Bidder —The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents --The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements --The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements. 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-- Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor's submittals, and the reports and drawings of subsurface and physical conditions 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 Milestones, if any, (ii) achieve Substantial Completion; and (iii) com- plete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor --The individual or entity with whom Owner has entered into the Agreement. I I 1 I I H H -j 71 I El 16. Cost of the Work —See Paragraph l 1.01.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 I such in the Agreement. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright m 2002 National Society or Professional Engineers for EJCDC. Mi rights reserved 00700.5 20. Field Order --A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements --Sections of Division I of the Specifications. The General Requirements pertain to all sections of the Specifications. ' 22. 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. ' 23. 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. 24. Laws and Regulations; Laws or Regulations- -Any and all applicable laws, rules, regulations, ordinanc- es, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. ' 25. Liens --Charges, security interests, or encumbrances upon Project funds, real property, or personal property. ' 26. 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. 27. Notice of Award --The written notice by Owner to the Successful Bidder stating that upon timely ' compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. I. 28. Notice to Proceed --A written notice given by Owner to Contractor fixing the date on which the Con- tract Times will continence to run and on which ' Contractor shall start to perform the Work under the Contract Documents. 29. Owner --The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs--l'olychlorinated biphenyls. 31. 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. 32. Progress Schedule --A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project --The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. 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. 35. Radioactive Material --Source, special nucle- ar, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Related Entity -- An officer, director, partner, employee, agent, consultant, or subcontractor. 37. Resident Project Representative --The autho- rized representative of Engineer who may be assigned to the Site or any part thereof. 38. Samples --Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Schedule of Submittals --A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 40. Schedule of Values --A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 41. Shop Drawings --All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 42. 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. 43. Specifications --That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ti 2002 National Society of Professional Engineers for FJCDC. All rights reserved. 00700 - 6 administrative requirements and procedural matters applicable thereto. 44. 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. 45. 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. 46. Successful Bidder --The Bidder submitting a responsive Bid to whom Owner makes an award. 47. Supplementary Conditions --That part of the Contract Documents which amends or supplements these General Conditions. 48. Supplier --A manufacturer, fabricator, suppli- er, 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. 49. 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. 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. 1.02 Terminology A. The following words or terns are not defined but, when used in the Bidding Requirements or Contract Documents, have the following meaning. B. Intent of Certain Terms or Adjectives 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered", "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, 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 exercise of professional judgment, action or determination will be solely to evaluate, in general, the Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and 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 9.09 or any other provision of the Contract Documents. C. Day I 11 I I I I I IJ Li I. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. 50. Unit Price Work --Work to be paid for on the D. Defective basis of unit prices. 51. Work --The entire 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. 52. 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 I 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents, or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or c. 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 accordance with Paragraph 14.04 or 14.05). EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700.7 I I I I I I L I I I I I I I I I E. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "pro- vide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. P. Unless stated otherwise in the Contract Docu- ments, 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 and Evidence ofInsurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. 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. 2.02 Copies (fDocuments A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be fturnished upon request at the cost of reproduction. 2.03 Commencement of Contract Tinies; 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 com- mence 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. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for 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 Submittals; 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 all appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate wilt 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.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, 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.A. Contractor shall have an additional 10 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. I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-R 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within 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 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 required by one is as binding as if required 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 Docu- ments. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents 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), 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. No such provision or instruction shall be effective to assign to Owner, or Engineer, or any of, their Related Entities, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake respon- sibility inconsistent with the provisions of the Contract Documents, 3.03 Reporting and Resolving Discrepancies , A. Reporting Discrepancies 1. Contractor's Review of Contract Documents Before Starting Work. 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. 2. Contractor's Review of Contract Documents During Performance of Work. 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 promptly report it to Engineer in writing. 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. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambigu- ity, or discrepancy in the Contract Documents 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 specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations ' applicable to the performance of the Work I I I I I I I I I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700.9 (unless such an interpretation of the provisions of the Contract Documents would result in viola- tion 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 by either a Change Order or 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: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3); or 3. 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 all of the Work under a direct or indirect contract with Contractor, shall not: I. 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 consultants, including electronic media editions; or 2. reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Osvmer and Engineer and specific written verification or adaption by Engineer. B. The prohibition of this Paragraph 3.05 will survive final payment, or tennination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Daly A. Copies of data furnished by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60 - day acceptance period will be corrected by the transferring party.. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability gfLands 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 mariner 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 or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be perfonned 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. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 10 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 Documents; 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 or Engineer, or any of their Related Entities with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Ddering Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsur- face or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connec- tion 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, performance 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 I H I I J I I I I I I 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 9.07 and 11.03. 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 with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo- ration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or I I I I I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00,0°-I' I LI I I I I I I I I I I I H I I I c. Contractor failed to give the written notice 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 and Engineer, and any of their Related Entities 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 Sup- plemcntary Conditions: I. 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. Arot 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 Under- ground 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 or 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 Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property 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 an 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 or Engineer, or any of their Related Entities with respect to; I E.JCDC C-700 Standard General Conditions of the Construction Contract. Copyright Q) 2002 National Society of Professional Engineers for FJCDC. All rights reserved. 00700-12 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 re- vealed 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 Contractor 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 immediately: (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.A); 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. 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. Cl. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, 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 in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the conse- quences 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 and Engineer, and the officers, directors, partners, employees, agents, 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.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I I L I I I 11 Ti L 1 I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE ' 5.01 Performance, Payment, and Other Bonds ' F. If after receipt of such written notice A. Contractor shall furnish performance and Contractor does not agree to resume such Work based on payment bonds, each in an amount at least equal to the a reasonable belief it is unsafe, or does not agree to Contract Price as security for the faithful performance and resume such Work under such special conditions, then payment of all of Contractor's obligations under the Owner may order the portion of the Work that is in the• Contract Documents. These bonds shall remain in effect area affected by such condition to be deleted from the until one year after the date when final payment becomes Work If Owner and Contractor cannot agree as to due or until completion of the correction period specified EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -13 U I [I I H rI I 7 H H I I H [I 1l H I C I H I in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as arc 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 arc named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Compa- nies" 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 the agent's authority to act. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide 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 Supplementary 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. B. 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. 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; 4. claims for damages insured by reasonably available personal injury liability coverage which are sus- tained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. 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 required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insured (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supple- mentary Conditions, all of whom shall be listed as addi- tional insureds, and include coverage for the respective officers, directors, partners, employees, agents, 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; 5.04 ('ontractw•x Liability Insurance 2. include at least the specific coverages and be written for not less than the limits of liability provided in A. Contractor shall purchase and maintain such the Supplementary Conditions or required by Laws or liability and other insurance as is appropriate for the Regulations, whichever is greater; Work being performed and as will provide protection EJCDC C-700 Standard General Condllloru of the Construction Contract. Copyright (1 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700- 14 3. include completed operations insurance: 4. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 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 30 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 insur- ance, and any insurance coverage written on a claims - made basis, remain in effect for at least two years after final payment. a. 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 Supple- mentary 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, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, 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 insured or 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, (other than caused by flood) and such other perils or causes of loss as may be specifi- cally 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); 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, I I L I C I 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 certificate 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, and Engineer, and any otherindividuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, 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 insured or additional insured. C. All the policies of insurance (and the certifi- cates 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 accor- dance 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 I L I I J J I I Li I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. An rights reserved. 00700-t5 fI I I H fl I I I I I I I I I H H El I deductible amounts that are identified in the Supple- mentary 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 tinder Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. 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 o%Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor. Subcontractors, and Engineer, and all other individuals or entities identified in the Supple- mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, 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 Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, 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, and Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insured or additional insured (and the officers, directors, partners, employees, agents, 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 tinder any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, 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 perils 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 pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering 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, or Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss tinder 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 agreement 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 . 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 I5 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 Insuance; 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 C EJCDC C-700 Standard Central Conditions of the Construction Contract. Copyright O2002 National Society or Professional Engineen for EJCDC. Al! rights reserved. 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 2.01,8. 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 endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6- CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. 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. B. At all times during the progress of the Work, Contractor shall assign a competent resident superin- tendent 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. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Docu- ments. Contractor shall at all times maintain good disci- pline 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. Contractor will not permit the performance of Work on a 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 Contract Documents, 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 special warranties and guarantees required 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. C. 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 Documents. 6.04 Progress Schedule I I LII� 11 I I I L1 I I I F 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. I I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Englneen for EJCDC. All rights reserved. 00700-17 I. 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. Such adjust- ments will comply with any provisions of the General Re- ' quirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. ' 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 ' pennitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. I. "Or -Equal" !tents: If in Engineer's sole discretion an item of material or equipment proposed by I 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. 1 For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered fiutctionally equal to an item so named if: ' a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed ' Project as a functioning whole, 3) it has a proven record of performance ' and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times, and 2) it will conform substantially 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 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. Tile requirements 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 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: 1) shall certify that the proposed substi- tute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state a) the extent, if any, to which the use of the proposed substitute item will preju- dice Contractor's achievement of Substantial Completion on time; b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu- ments (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and ' EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 18 c) whether or not incorporation or use of the proposed substitute item in con- nection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified , and b) available engineering, sales, maintenance, repair, and replacement services; 4) and shall contain an itemized esti- mate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, B. Substitute Construction Methods or Proce- dures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. 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 requirements for review by Engineer will be similar to those provided in Paragraph 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 may require Contractor to furnish additional data about the proposed substitute item. 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 Contractor 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 Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B Whether or not Engineer approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each 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 Subcon- tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.8), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. . B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or 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 reason- able objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued . No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall consti- tute 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: 1. 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 I I I I IJ 1 I Li I I I I I I 2. shall anything in the Contract Documents create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700.19 C I l I I I [J Li I I I L I I I I I 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 per- forming or furnishing any of the Work to communicate with Engineer through Contractor. F. file divisions and sections of the Specifica- tions and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcon- tractors 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 appro- priate 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, and Engineer,, 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, 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, Contractor will obtain the sane. 6.07 Parent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the 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. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, 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 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 Supple- mentary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits 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. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applica- ble 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 shall be the subject of an adjustment in Contract Price or Contract 'l'imes. 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 in Paragraph 10.05. I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society or Professional Engineers for EJCDC. All rights reserved. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor 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 equip- ment, 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 and Engineer, and the officers, directors, partners, employees, agents, 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 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 ofthe 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 conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the com- pletion 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, Change Orders, Work 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 Engi- neer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau- tions 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, iryury, 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. C. 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 Contractor, 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 Draw - I I� I I I L I I I I I Li I L] I I EJCDC C-700 Standard Central Conditions of the Construction Contract. Copyright C 2002 National Society of Professbnat Engineers for EJCDC. All rights reserved. 00700-21 ings or Specifications or to the acts or omissions of Owner or Engineer or , 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). D. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.8 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 coordi- nating ' 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 protec- tion 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 and ' Samples to Engineer for review and approval in accor- dance with the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. ' I. Shop Drawings a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, 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.D. 2. Samples: Contractor shall also submit Samples to Engineer for review and approval in accor- dance with the acceptable schedule of Shop Drawings and Sample submittals. a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals , 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. C. Submittal Procedures L Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. the suitability of 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 Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; and d. 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 Documents. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-22 with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submit- ted to Engineer for review and approval of each such variation. D. Engineer's Review 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of 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 Docu- ments. 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 con- struction 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 shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.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. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures 1. Contractor shall make corrections required by Engineer and shall return the required number of cor- rected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer 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 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 that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its Related Entities shall be entitled to rely on representation of Contractor's warranty and guarantee. J I I I B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: I. 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. C. 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: I. observations by Engineer; I 11 LI 11 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; I 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabil- ity by Engineer, 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, 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 I I I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-23 I I I I Ll I fl Li I r L fl b L I LI F7 Li I C J 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 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 but only to the extent caused 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 . B. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, partners, or employees by any employ- ee (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 officers, directors, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for constmction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.O.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7- OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or via 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 Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner B. If professional design services or and Owner, if Owner is performing other work with certifications by a design professional related to systems, Owner's employees, proper and safe access to the Site, a materials or equipment arc specifically required of reasonable opportunity for the introduction and storage of Contractor by the Contract Documents, Owner and materials and equipment and the execution of such other Engineer will specify all performance and design criteria work, and shall properly coordinate the Work with theirs. that such services must satisfy. Contractor shall cause Contractor shall do all cutting, fitting, and patching of the such services or certifications to be provided by a Work that may be required to properly connect or properly licensed professional, whose signature and seal otherwise make its several part% come together and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 20D2 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-24 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 Condi- tions: 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 responsibili- ties will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7,01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's actions or inactions. A. Owner's responsibility in respect to certain C. Contractor shall be liable to Owner and any inspections, tests, and approvals is set forth in Paragraph other contractor for the reasonable direct delay and 13;03.B. disruption costs incurred by such other contractor as a result of Contractor's action or inactions. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700.25 ARTICLE 8 -OWNER'S RESPONSIBILITIES ' 8.01 Communications to Contractor , A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, 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 When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.C and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations 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 purchasing and maintaining liability and property insur- ance 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 I L, IJ D Li I 8.09 Limitations on Owners Responsibilities Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. I I I I [J I I I rLJ I LI I I I 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 Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perfonn the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undis- closed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.1 I 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 responsi- bilities 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 inter - vats 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. Fngineer 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 B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. 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 authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another 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 Supplementary Conditions. 9.04 Authorized Variations in WVork 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 Docu- ments. 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 or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties 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, 9.05 Rejecting Defective Work A. Engineer will have authority to 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. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 26 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, I I, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 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 Contractor 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. 9.08 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. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.8. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, 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. 9.09 Limitations _ on Engineer's Authority and Responsibilities 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 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 respon- sible for Contractor's failure to perform the Work in accordance with the Contract Documents. I I I I I I I I I 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 maintenance 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 require- ments 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 responsi- bility set forth in this Paragraph 9.09 shall also apply to, the Resident Project Representative, if any, and assistants, if any. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract 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 Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall I I I I I I I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of professional Engineers for EJCDC. All rights reserved. 00700-27 I LI I L I Lf I I I Li I I I I 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 tile IVor* 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 I3.04.B. 10.03 Erccution at/change Orders A. Owner and Contractor shall execute appropri- ate Change Orders recommended by Engineer 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 Paragraph 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 6.1R.A. 10.04 Notification to Suety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any bond to be given to a surety, the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim, 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. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, 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). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.$. 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 adjustment 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). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: I. deny the Claim in whole or in part, 2. approve the Claim, or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.C or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-29 F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE II - COST OF THE WORK; 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, except those excluded in Paragraph 11.01.2, necessarily incurred and paid by Contractor 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 11.01.2, 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, unemployment, 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 pay- ments, 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 f. Losses and damages (and related expenses) accrue to Owner, and Contractor shall make provisions so caused by damage to the Work, not compensated that they may be obtained, by insurance or otherwise, sustained by Contractor in connection with the performance 3. Payments made by Contractor to of the Work (except losses and damages within Subcontractors for Work performed by Subcontractors. If the deductible amounts of property insurance required by Owner, Contractor shall obtain competitive established in accordance with Paragraph bids from subcontractors acceptable to Owner and 5.06.D), provided such losses and damages have EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 02002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-29 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 facilities at the Site, and hand tools not owned by the workers, which are consumed in the perfor- mance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equip- ment, machinery, 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 Contractor is liable, imposed by Laws and Regulations. e. Deposits lost for causes other than 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, and royalty payments and fees for permits and licenses. I 71 I 1 I I I I I I I [1 [1 I I I I �l u I I I I I I I PI I I I I resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. It. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expresses. and similar petty cash items in connection with the Work. i. 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 managers, safety managers, engineers, architects, estimators, attor- neys, auditors, 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 11.0l.A.1 or specifically covered by Paragraph 11.Ol.A.4, all of which are to be 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. A. Where the Contract Documents provide that 5. Other overhead or general expense costs of all or part of the Work is to be Unit Price Work, initially any kind and the costs of any item not specifically and the Contract Price will be deemed to include for all Unit expressly included in Paragraphs I I.01.A and 11.01.B. Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work C. Contractor's Fee: When all the Work is times the estimated quantity of each item as indicated in performed on the basis of cost-plus, Contractor's fee shall the Agreement. 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 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 and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation , overhead, profit, and other expenses contemplated for the cash allowances 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. C. Contingency Allowance I. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. 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 I EJCDC C-700 Standard Genernl Conditions of the Construction Contract. Copyright (D 2002 National Society of Professional Engineers for EJCDC. All rights reserved. B. 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 9.07. C. 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. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and signifi- cantly 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. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 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. 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 accordance 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 12.0 l.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.8.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined 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: I I I I I a. for costs incurred under Paragraphs l 1.01.A.1 I and 11.0I.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph I I.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.I and 11.0I.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor, d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A.5, and 11.01.8; 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 involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted I I I I I I I I I I EJCDC C-700 Standard Central Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-31 [=l I L E I C LI Hi I n 'J II I L I 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 covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times 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 contemplat- ed by Article 7, tires, floods, epidemics, abnormal weather conditions. or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times , or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer and the Related Entities of each of them 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. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for 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. 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, their consultants and 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 perfonn 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.C; 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 ' T EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. Al! rights reserved. 00700.32 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. 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. E. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer 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. C. If it is found that the uncovered 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. D. If, the uncovered 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 both, directly attributable 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. I I I Li 13.06 Correction or Removal of Defective Work I A. Promptly after receipt of notice, 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). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 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 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: E I I J I I 1. repair such defective land or areas; or I 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C-700 Standard General Condition' of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. r� L' I I I J El L I I I H I E I J I E I B. If Contractor does not promptly comply with the terms of Owner's written 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 re- moved and replaced. 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. C. 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 item may start to run from an earlier date if so provided in the Specifications . D. 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. It Contractor's obligations under this Paragraph 13.07 arc 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 ;lcceptanceofDefectiveWork A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective ;Vol* 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 I3.06.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 or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or 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 posses- sion of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate 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 Contractor, 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 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 provid- ed in Paragraph 2.07.A will serve as the basis for progress ' EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-34 payments and will be incorporated into a form of Applica- tion for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established in the Agreement 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 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 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 progress payments will be as stipulated in the Agreement. B. Review of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations on the Site of the executed Work as an experienced and qualified design professional and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of 5. Engineer may refuse to recommend the whole Engineer's knowledge, information and belief: or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner a. the Work has progressed to the point indicat- stated in Paragraph 14.02.8.2. Engineer may also refuse ed; to recommend any such payment or, because of subse- quently discovered evidence or the results of subsequent b. the quality of the Work is generally in accor- dance 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 9.07, 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 Engineer will not thereby be deemed to have represented that: a. 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 responsi- bilities specifically assigned to Engineer in the Contract Documents; or b. 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 recommending payments nor Engineer's recommendation of any payment, including , final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, ' sequences, or procedures of construction, or the safety precautions and programs incident thereto, , or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. I Ll EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @2002 National Society of Professional Engineers for EJCDC. All rights reserved. I_I I I I H I I I 1] I I I I [] L L 2. [(Owner refuses to make payment of the full ' amount recommended by Engineer, Owner will give D. At the time of delivery of the tentative Contractor immediate written notice (with a copy to certificate of Substantial Completion, Engineer will Engineer) slating the reasons for such action and promptly deliver to Owner and Contractor a written recommen- pay Contractor any amount remaining titter deduction of dation as to division of responsibilities pending final ' the amount so withheld. Owner shall promptly pay payment between Owner and Contractor with respect to Contractor the amount so withheld, or any adjustment security, operation, safety, and protection of the Work, thereto agreed to by Owner and Contractor, when maintenance, heat, utilities, insurance, and warranties and Contractor corrects to Owner's satisfaction the reasons for guarantees. Unless Owner and Contractor agree otherwise such action. in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial ' EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 412002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 36 inspections or tests, 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 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 Paragraph I5.02.A. C. Payment Becontee Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, 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 Pa meat 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 furnish- ing 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-ofT against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph I5.02.A. 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 Contractors 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. B. Promptly after Contractor's notification, , 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. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix (lie 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 clays 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 correct- ed) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy 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, subject to the following condi- tions. 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when 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. 2. 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 substan- tially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. 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. 4. No use or 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 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 maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment, shall be accompanied (except as previously delivered) by: I I L L L I r, a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.7; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance 1. If, on the basis of Engineer's observation of A. Upon written notice from Contractor that the the Work during construction and final inspection, and entire Work or an agreed portion thereof is complete, Engineer's review of the final Application for Payment Engineer will promptly make a final inspection with and accompanying documentation as required by the Owner and Contractor and will notify Contractor in Contract Documents, Engineer is satisfied that the Work writing of all particulars in which this inspection reveals has been completed and Contractor's other obligations I Li J I I I I I I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. C] I I 11 1 1 I L1 I I I I Li L `J I I L1 I tinder 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 payment. 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, indicat- ing in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due I. Thirty days after the presentation to Owner of the Application for Payment and accompanying docu- mentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and , will be paid by Owner to Contractor. 14.08 Fined Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confines, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work ftdty 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 Contractor to Engineer with the Application for such payment. Such payment shall he made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of faints A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, front 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 with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend (York 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 Contractor 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 granted an adjust- ment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety ) seven days written notice of its intent to terminate the services of Contractor: 1. 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), 2. 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 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance EJCDC C-700 Standnrd General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled tp receive any further payment until the Work is completed. 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. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. 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. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.8, and 15.02.C. 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, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. 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. 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. 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. 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, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) 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. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer 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. J I Li I I I Li Li I I Li I I 1J ARTICLE 16 - DISPUTE RESOLUTION I 16.01 Methods and Procedures I A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be EJCDC C-700 Standard Central Conditions of the Construction Contract. Copyright 02002 National Society of Professional Engineers for EJCDC. All rights reserved C I I I I I LH I 7 I I I I I I I I governed by the Construction industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. R. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 clays of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.C or a denial pursuant to Paragraphs 10,05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions, or 2. agrees with the other party to submit the Claim to another dispute resolution process, or 3. gives written notice to the other party of their intent to submit the Claim to a court of competent jurisdiction. 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: 1. 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 2. 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 arc not to he 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 Regula- tions, by special warranty or guarantee, or by other provisions of the Contract Documents. 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, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Docu- ments, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. C I Section 00800 SUPPLEMENTARY CONDITIONS LIST OF SUBJECTS ' SC -I.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 Subsw:face and Physical Conditions SC -4.04 Underground Facilities SC -5.0I Pei%rmance, 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.I Identification of Additional Insureds SC -5.04.B.5 Notice of Cancellation of Liability Insurance SC -5.05 OWNER'S Liability Insurance ' SC -5.06 Property Insurance SC -5.08 Receipt and Application of Insurance Proceeds SC -6.04 Progress Schedules SC -6.08 Permits • SC -6.19 CONTRACTOR's General Warranty and Guarantee SC -7.01 Related Work at the Site SC -7.03 Separate Contractor Claim SC -8.06 Insurance SC -9.03 Project Representative SC- 10.06 Authority far Changes in the Work SC -1 1.03 Unit Price Work ' SC -12.03 Delays Beyond CONTRACTOR's Control SC -14.02 Progress Payments SC -14.02.8 Review ofApplications ' SC -14.02.C Payment Becomes Due SC -14.04 Substantial Completion SC -14.05 Partial Utilization SC- 16.01 Methods and Procedures Exhibit GC -A Dispute Resolution Agreement I I I 00800 Supplementary Conditions (2002).doc 00800-I Garver No. 0296-3600(2) These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (EJCDC C-700, 2002 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. Paragraph numbers in these Supplementary Conditions correspond to the paragraph numbers in the General Conditions, except with the designation "Sc',. SC -1.01 Defined Terms The terms used in the Supplementary Conditions which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1996 Edition) have the meanings assigned to them in the General Conditions. In addition to the provisions of paragraph 1.01, the following supplemental definitions apply: Al.01.29. "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: "1.01.53. "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. 1.01.54. "Advertisement" shall mean the legal publications pertaining to the work of this contract. 1.01.55. "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. 1.01.56. "Grade" shall mean and indicate the established elevations of the paving, flow lines of sewers and other appurtenances as shown on the Drawings." SC -2.01.B. Evidence of Insurance: Delete all references to OWNER supplied and OWNER delivered insurance. SC -2.02 Copies ofDocuments H I I I I I F I I CI I Delete paragraph 2.02.A of the General Conditions in its entirety and insert the following in its place: I 00800 Supplementary Conditions (2002).doc 00800-2 Garver No. 0296-3600(2) I H C I I I U "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 approximate cost of reproduction." SC -2.03 Coininenceinent of Contract Time; Notice to Proceed Replace paragraph 2.03.A of the General Conditions with the following: ' "A. The Contract Times shall commence to run on the day indicated in the Notice to Proceed. ISC -2.05.A. Preliminary Schedules: Add the following to the end of paragraph 2.05.A.3 of the General Conditions: Additional subdivision of unit price or lump sum items, as shown in the Bid Form, shall be made as reasonably requested by ENGINEER or as required to verify progress payments for Unit Price Work that will take place over several progress periods." ' SC -4.02 Subsurface and Physical Conditions No subsurface investigations have been made as to the location of existing underground facilities ' or pipelines. SC -4.04 Underground Facilities Add a new paragraph 4.04.B.3 immediately following paragraph 4.04.B.2 of the General ' Conditions which shall read as follows: "3. Paragraphs 4.04.8.1 and 4.04.B.2 do not apply to Underground Facilities that are being ' relocated by others as part of the Project. OWNER does not control the schedule of the owners of those Underground Facilities, and cannot determine whether those Underground Facilities will be relocated prior to, simultaneous to, or after the Work under these Contract Documents. 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." 00800 Supplementary Conditions (2002).doc 00800-3 Garver No. 0296-3600(2) 1 I 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 maybe satisfactory to the OWNER. The premiums on such Bonds shall be paid by CONTRACTOR. No further payment shall be deemed due nor shall be made until the new surety or sureties shall have furnished an acceptable Bond to the OWNER." Add the following new paragraphs immediately after paragraph 5.01.C of the General Conditions which read as follows: "D. Resident Agent: CONTRACTOR shall furnish performance and payment Bonds as provided for by Article 5 of the General Conditions executed by a resident local agent. who is licensed by the Arkansas State Insurance Commissioner to represent the surety company executing said Bonds, and filing with such Bonds his power -of -attorney. The mere countersigning of the Bonds by a resident agent shall not be sufficient. E. Additional Information: CONTRACTOR shall provide the Bonds as described in these sections within ten (10) days after the receipt of a Notice of Selection. For contracts in excess of $100,000 the Bonds shall be issued by a bonding company listed by the A.M. BEST Rating Book as follows: (1) contracts in excess of $100,000, but less than $1,000,000 - "B+" rating or higher and contract amount may not exceed 2.0 percent of the policyholder's surplus. (2) contracts in excess of $1,000,000 - "A" rating or higher and contracts may not exceed 2.0 percent of the policyholder's surplus. 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: H H I I I I I I I I I I I "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 00800 Supplementary Conditions (2002).doc 00800-4 Garver No. 0296-3600(2) I I I rl 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." ISC -5.03 Certificates of Insurance Delete paragraph 5.03.B in its entirety. SC -5.04 CONTRACTOR'S Liability Insurance The limits for liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: Workers Compensation, etc. under paragraphs 5.04.A. 1 and 5.04.A.2 of the General Conditions: I) State: Statutory 2) Applicable Federal: Statutory 3) Employer's Liability: $100,000.00 each occurrence ' Comprehensive General Liability Insurance, under paragraphs 5.04.A.3 through 5.04.A.5 of the General Conditions: ' $1,000,000.00 Combined Single Limit Policies will include premise/operations, products, completed operations, independent ' contractors, explosions, collapse, underground hazard, Broad Form contractual, personal injury, with employment exclusion deleted and broad form property damage. ' Comprehensive Automobile Liability under paragraph 5.04.A.6 of the General Conditions: n I 'J (1) Bodily Injury: $1,000,000.00 $2,000,000.00 Property Damage: $500,000.00 or Each person Each occurrence Each occurrence Garver No. 0296-3600(2) 00800 Supplementary Conditions (2002).doc 00800-5 I (2) a combined single limit of $2,000,000.00. SC -5.04.B.1. Identification of Additional Insureds Additional insureds with respect to insurance required by paragraph 5.04 of the General Conditions shall include: the City of Fayetteville, Arkansas and Garver Engineers, LLC (OWNER and ENGINEER). SC -5.04.B.5. Notice of Cancellation of Liability Insurance Add the following language at the end of paragraph 5.04.B.5 of the General Conditions: ' "any wording such as "will endeavor" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the [insurance] Company" shall be deleted from the policies and insurance certificates." SC -5.05 OWNER :c 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 1 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 than $2,000,000.00 for property damage and bodily injury limits, and with such provisions as shall protect OWNER and ' ENGINEER from contingent liability under this contract. SC -5.06 Property Insurance Delete paragraph 5.06.A of the General Conditions in its entirety and insert the following in its place: , "A. CONTRACTOR shall purchase and maintain, until final payment, property insurance upon the Work at the site to the full insurable value thereof (subject to deductible amounts as may be ' provided in the Supplementary Conditions or required by Laws and Regulations) but not less than an amount equal to the total bid price. This insurance shall include the interest of OWNER, 00800 Supplementary Conditions (2002).doc 00800-6 Garver No. 0296-3600(2) I I I L I I I I I I I I I C 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.E 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: "C. Policies shall also specify that insurance provided by CONTRACTOR will be considered primary and not contributory to any other insurance available to OWNER or ENGINEER. All polices will provide for 30 days written notice (certified mail shall be required) prior to any cancellation or non -renewal of insurance policies required under the Contract. Any such wording as "will endeavor" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the Company..." shall be deleted from the policies and certificates." Delete paragraph 5.06.E of the General Conditions in its entirety. SC -5.08 Receipt and Application of Insurance Proceeds Delete paragraph 5.08 of the General Conditions in its entirety. ISC -6.04 Progress Schedules I 00800 Supplementary Conditions (2002).doc I 00800-7 Garver No. 0296.3600(2) 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 I 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: 1 1 00800 Supplementary Conditions (2002).doc 00800-8 Garver No. 0296-3600(2) U ' ADEQ 8001 National Drive ' P.O. Box 8913 Little Rock, Arkansas 72219-8913 (501)682-0744 SC -6.19 CONTRACTOR's General Warranty and Guarantee Acid a new paragraph 6.19.D immediately after paragraph 6.19.C.7 of the General Conditions which shall read as follows: "D. For a period of two (2) years, or longer if specified by special guarantees or by law, CONTRACTOR shall at the CONTRACTOR's expense make all repairs and replacements necessitated by defects in the materials, workmanship or prosecution of the Work under this contract, and pay for any damage to other works or property resulting from such defects. The CONTRACTOR shall submit a maintenance bond in the amount of 100% of the total project construction cost to the ENGINEER to cover the above -specified two year warranty. CONTRACTOR shall hold the OWNER and ENGINEER harmless from any liability of any kind arising from said defects. The effective date for the beginning of the two (2) year warranty period will be as decided by the ENGINEER and will be either the date of the ENGINEER's recommendation for Final Payment in accordance with paragraph 14.07.B, Review ofApplication ' and Acceptance, or the date of Substantial Completion as specified in paragraph 14.04. CONTRACTOR shall make all repairs or replacements promptly upon receipt of written order for the repairs or replacements from OWNER. If the CONTRACTOR fails to make the repairs or replacements promptly, OWNER may perform the work and the CONTRACTOR and the CONTRACTOR's Surety shall be liable for all costs thereof." ISC -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 mayor may not be obtained by the City. Some utilities in the area may have to undertake various relocation and demolition in the Project ' area. OWNER and ENGINEER do not have all information concerning the proposed relocations of utilities, nor is the proposed schedule for relocating these utilities known. Also, OWNER and ENGINEER cannot be certain that each and every utility requiring relocation has been identified ' as to type and owner. It is likely that conditions at the site could vary according to work done by other utility owners prior to the start of the Work under these 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." 1 00800 Supplementary Conditions (2002).doe 00800-9 I Garver No. 0296-3600(2) I Delete the first sentence of paragraph 7.01.B of the General Conditions and insert the following sentence in its place: "B. CONTRACTOR shall afford each utility owner proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs." Delete the last sentence of paragraph 7.01.B of the General Conditions in its entirety. SC -7.04 Separate Contractor Claim Add a new paragraph 7.04 immediately after paragraph 7.03 of the General Conditions which shall read as follows: "7.03 Separate Contractor Claim A. Should CONTRACTOR cause damage to the Work or property of any separate contractor (or separate party) at the site, or should any claim arising out of CONTRACTOR'S performance of the Work at the site be made by any separate contractor (or separate party) against CONTRACTOR, OWNER or ENGINEER, or any such person, CONTRACTOR shall promptly attempt to settle with such other separate contractor (or separate party) by agreement or otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER and ENGINEER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate contractor (or separate party) against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate contractor (or separate party) cause damage to the Work or property of CONTRACTOR or should the performance of Work by any separate contractor (or separate party) at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER or ENGINEER or permit any action against them to be maintained and continued in CONTRACTOR'S name for benefit in any court or before any arbitrator which seeks to impose liability on, or recover damages from OWNER or ENGINEER on account of such damage or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or • neglect of a separate contractor (or separate party) and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereof, CONTRACTOR may make a claim for an extension of time in accordance with Article 12 of the General Conditions. An extension of 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 1 00800 Supplementary Conditions (2002).doc 00800-10 Garver No. 0296-3600(2) I Delete paragraph 8.06 of the General Conditions in its entirety. ISC -9.03 Project Representative Paragraph 9.03 of the General Conditions is herein modified to include the furnishing of a Resident Project Representative by ENGINEER. The responsibilities and authority and limitations thereon of the Resident Project Representative are as provided in paragraph 9.09 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 AuthorityJbr Changes in the Work A. CONTRACTOR shall note and abide by the following limits of authority of OWNER and ENGINEER for changes in the Work which require a change in the Contract Price or Contract ' time. Except in the case of extreme emergency to protect public safety, public welfare or substantial Work, the following limits of Authority to the OWNER and ENGINEER shall apply: • Engineer's Representative - No authority. Engineer - No authority. Mayor - $20,000.00 (Accumulative). All accumulative changes which result in Contract Price changes in excess of $20,000.00 shall require the formal approval of the Fayetteville City Council." SC -11_03 Unit Price Work ' Paragraph 1 l .03.D of the General Conditions is hereby deleted in its entirety and the following is substituted in its place: ' "D. The unit price of an item of Unit Price Work shall be subject to re-evaluation and adjustment under the following conditions if: I. 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. there is no corresponding adjustment with respect to any other item of Work; and 1 00800 Supplementary Conditions (2002).doc 00800-11 Garver No. 0296-3600(2) I 3. CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof; or 4. OWNER believes that the quantity variation entitles OWNER to an adjustment in the 1 unit price; then 5. either OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 of the General Conditions if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed." SC -12.03 Delays I Delete the words "abnormal weather conditions" from the second sentence of paragraph 12.03.A of the General Conditions, and add the following sentences at the end of paragraph 12.03.A: "Contractor maybe allowed delays for weather conditions, based on the concurrence of Contractor 1 and Owner or Engineer, under the following 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 with only an occasional working day within the sustained unworkable conditions. In either case, the total number of weather days claimed will be reduced by the number of days whereof site conditions were conducive to working but the Contractor was either not on site or didn't fully utilize his forces. 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 I Paragraph 14.02.A of the General Conditions is hereby deleted in its entirety and the following ' substituted in its place: "A. Applications for Payments ' 1. Applications for payments shall be in the form of monthly estimates of all work accomplished during the period ending the third Friday of each month or a day scheduled by joint consent of CONTRACTOR and OWNER at the pre -construction conference. 2. ENGINEER, based upon data gathered during the construction process, will make an 1 estimate of the value of the Work completed during the estimate period and prepare the monthly estimate for review and certification by CONTRACTOR CONTRACTOR's certification shall have the meaning described in subparagraph 5, below. CONTRACTOR shall furnish to ENGINEER such detailed information, including invoices from material suppliers, as ENGINEER may request to aid in the preparation of the progress payment estimate. If OWNER ' 00800 Supplementary Conditions (2002).doc 00800-12 Garver No. 0296-3600(2) 1 I or ENGINEER shall at any time fail to make CONTRACTOR a monthly estimate or a progress payment at the time herein specified, such failure shall not be held to violate or void the ' contract. CONTRACTOR's failure to provide an accurate and current schedule update shall be reason to delay the monthly estimate and progress payment. 3. If payment is made on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site, or at another location agreed to in writing, the next monthly estimate shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. • 4.The amount of retainage with respect to progress payments will be as stipulated in the Agreement. 5. CONTRACTOR's certification of the monthly estimate shall constitute: a. CONTRACTOR's concurrence with the quantities and values contained in the estimate. b. CONTRACTOR's Warranty of Title to O6VNER as stipulated in paragraph 14.03 of the General Conditions. OWNER reserves the right to require an q/davit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied on account to discharge CONTRACTOR's legitimate obligations associated with prior applications for payment. c. CONTRACTOR'S certification that the Work covered by the estimate has been completed in substantial compliance with the Contract Documents. SC -14.02.B. Review of Applications 1 I I I Delete paragraph 14.02.8.1 entirely. Insert the following new subparagraphs to I4.02.B.5 of the General Conditions, as additional reasons for ENGINEER to reduce CONTRACTOR's request for progress payment: "e. CONTRACTOR has incurred potential liability for liquidated damages f. CONTRACTOR has failed to maintain record documents as required by paragraph 6.12; and g. CONTRACTOR has failed to submit the product data, certifications, or other items required by the Specifications to document the quality of materials or equipment." SC -14.02.C. Payment Becomes Due 00800 Supplementary Conditions (2002).doc 00800-13 Garver No. 0296-3600(2) L Delete paragraph 14.02.C.1 of the General Conditions and replace with the following: "14.02.C.1. After the required internal reviews and processing by OWNER, OWNER will diligently proceed to make payment to CONTRACTOR, in accordance with the approved payment request, within 30 days. All efforts will be made to make payments within the 30 day period, but OWNER cannot guarantee the 30 days maximum time." SC -14.04 Substantial Completion Add the following after paragraph 14.04.E of the General Conditions: "E. The Work will be considered substantially complete when the following work items are complete and ready for continuous use by the Owner: 1. The proposed water lines have been properly installed, inspected, tested, and passed all required testing standards. 2. All pavement work has been completed, along with appurtenant items such as curb & gutter, sidewalks, pavement markings, and signage. 3. CONTRACTOR has essentially completed the record documents required by paragraph 6.12, and, in ENGINEER'S judgment, these are accurate and complete, and will be ready for delivery to OWNER prior to Final Payment being made. SC -14.05 Partial Utilization Insert the following new paragraphs 14.05.A.4 and 14.05.A.5 in the General Conditions, and renumber existing paragraph 14.05.A.4 as 14.05.A.6: "4. Any portions of the 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. 5. OWNER may at any time request CONTRACTOR in writing to permit OWNER to take over operation of any such part ofthe Work although it is not substantially complete. A copy of such request will be sent to ENGINEER and within a reasonable time thereafter OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to OWNER and ENGINEER that such part of the Work is not ready for separate operation by OWNER, ENGINEER will finalize the list of items to be completed or corrected before final payment. ENGINEER will furnish OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final 00800 Supplementary Conditions (2002).doc 00800-14 Garver No. 0296-3600(2) J I I I I I I I I [1 I I I I L 11 I I I I I I I I I I Li I I I I Ti payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed ENGINEER). During such operation and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work." End of Section 00800 I 00800 Supplementary Conditions (2002).doc 00800-15 Garver No. 0296-3600(2) ' Page 1 of 1 ARKANSAS DEPARTMENT OF LABOR PREVAILING WAGE DETERMINATION — HEAVY RATES 1 DATE: February 15, 2005 DETERMINATION #: 04-260 1 PROJECT: Gregg Avenue Water System COUNTY: Washington Improvements — Phase II EXPIRATION DATE: 08-15-05 Fayetteville, Arkansas SURVEY #: 704-AH05 I. BASIC HOURLY FRINGE CLASSIFICATION RATE BENEFITS ' Bricklayer/Pointer, Cleaner, Caulker 9.35 Carpenter 14.05 1.75 Concrete Finisher/Cement Mason 14.00 Electrician/Alarm Installer 13.30 1.00 Ironworker (Including Reinforcing Work) 16.30 Laborer 9.35 ' Pipelayer 9.35 Truck Driver 13.50 ' Power Equipment Operators: Asphalt Paver 12.55 Backhoe, Rubber tired 1 yd. or less 13.90 Bulldozer, Finish 15.00 Bulldozer, Rough 10.60 ' Crane, Derrick, Dragline, Shovel & Backhoe 13.05 Distributor 12.35 Front End Loader, Finish 13.70 ' Front End Loader, Rough 10.65 Mechanic 14.70 Motor Patrol, Finish 13.05 ' Motor Patrol, Rough 9.35 Roller 12.40 Scraper, Finish 11.75 Scraper, Rough 11.25 Trackhoe 16.73 Welders —receive rate prescribed for craft performing operation to which welding is incidental. ' Certified July 1, 2004 Classifications that are required, but not listed above, must be requested in writing from the Arkansas Department of Labor, Prevailing Wage Division. Please call (501) 682-4536 for a request form. I I I ©©aR o ® @ §2& k I! ]■\» �� �\� #■%� Eg< ±2a� 77b '4— \�f2 \. c=�� $ r c\§ § Via . � § @ ® \_< § �\\ } /\§ @ z o@2§ dc« o aOL/ Ems@ C.- fo c\ $2« C. ], o C fa d am \ X14 \ u\ o « . [k -S\. -z ■ EOs § 8 O LU § a @ Ui § I In \ \20 ■ \/ I 2§ m /S7k ■\`�)k � Cu 2 0§ 2 k\/ -� k4-1 o 2b\ O2■ » ) U z\ .k\ 0) _a U jLU 2) § 7 \\E/? f c \ I-� \ ��2§ c §0.LU E ]a}c J ) j ccI =AF- LI Section 01010 ' SUMMARY OF WORK ' Part I - GENERAL 1.1 SECTION INCLUDES ' A. Project Scope B. Work by Others C. Work Sequence ' D. Contractor Use of Premises ' 1.2 PROJECT SCOPE A. The work includes, but is not limited to, the installation of 6,500 linear feet 18" PVC water line '• with two creek crossings, 12", 8", and 6" PVC water line connections to existing facilities, one bore under an existing rail road, steel encasement pipes, fire hydrants, water taps, ductile iron fittings, water service line connections and modifications, and 500 linear feet of 16" PVC gravity ' scwcr line with 2 new manholes. Work is primarily along the west side of Gregg Avenue from approximately 800 feet south of Township Road to Futrall Drive in the City of Fayetteville, Arkansas. 1.3 WORK BY OTHERS ' A. No work by other agencies is anticipated. 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. ' The National Pollutant Discharge Elimination System (NPDES) requires a permit to discharge storm water associated with industrial activity of construction sites into the waters of the United States. The Arkansas Department of Environmental Quality (ADEQ) issues the permits. The Contractor shall furnish the Engineer a copy of the Notice of Intent. 1.5 WORK SEQUENCE 1 01010 Summary of Work.doc 01010-1 Garver Project No. 0296-3600(2) I A. Identify and locate all underground and aboveground utilities in the project area. Make the , necessary utility contacts, and spot dig at the locations shown in the plans or as directed. Use the local datum provided by the Engineer to establish elevations. Submit these elevations in , order that the Engineer may adjust any elevations, and/or gradients if necessary. B. The Contractor shall submit a construction contract schedule of the bar graph (or other approved) type seven (7) calendar days prior to the pre -construction conference showing the following information as a minimum: (1) Actual date construction is scheduled to start if different from the date of notice to ' proceed. (2) Planned contract completion date. I (3) Sequence of construction for the various items that involve either existing and/or potential relocated utilities to the Engineer for his review. This schedule shall have the least negative impact on the adjacent property owners and provide an orderly sequence that will produce the least disruptive action for utilities and their customers. , Coordinate with other utilities and/or their contractors to provide orderly sharing of the site and schedule of activities to best continue the progress of the Work (4) Beginning and completion dates for each phase of work. (5) Respective dates for submission of shop drawings and the beginning ofmanufacture, the I testing of, and the installation of materials, supplies, and equipment. (6) All construction milestone dates. , (7) A separate graph showing work placement in dollars versus contract time. The schedule shall incorporate contract changes as they occur. The schedule shall be maintained in an up-to-date condition and shall be available for inspection at the construction site at all times. The construction contract schedule shall be submitted in conjunction with and/or in addition to any other specification requirements concerning schedules. I C. The Contractor shall comply with the Sequence of Construction as described in the Plans unless otherwise approved in writing by the Engineer. I Part 2- PRODUCTS Not Used Part 3- EXECUTION Not Used End of Section 01010 I C H Li 01010 Summary of Work.doc 01010-2 Garver Project No. 0296-3600(2) , I Section 01025 1 MEASUREMENT AND PAYMENT Part 1 -GENERAL ' 1.1 SECTION INCLUDES: A. This section includes delineation of measurement and payment criteria applicable to unit price work, whether the unit price items are part of a unit price contract or ' are part of a Stipulated Price contract. B. Defect assessment and non-payment for rejected work. ' 1.2 AUTHORITY A. Measurement methods are delineated for each individual bid item, or for a group of similar items, under this section. ' B. Engineer will take all measurements and compute quantities accordingly. C. Contractor shall assist with quantities measurement by providing necessary equipment, workers, and survey personnel as required. 1.3 UNIT QUANTITIES SPECIFIED ' A. Quantities and measurements indicated in the Bid Form are for bidding and contract purposes only. Quantities and measurements supplied or placed in the ' Work and verified by Engineer shall detennine payment except those items of work that will be paid based on plan quantities. ' B. If the actual Work requires more or fewer quantities than those quantities indicated, the Contractor shall provide the required quantities at the unit prices contracted. 1.4 MEASUREMENT OF QUANTITIES IA. Measurement by Weight: Items measured by weight will use specified standard handbook weights unless otherwise specified in this section for an individual item. ' B. Measurement by Volume: Measured by cubic dimension using mean length, width and height or thickness with survey chain or a steel tape. C. Measurement by Area: Measured by square dimension using mean length and width or radius, with survey chain or steel tape. 1 01025 Measurement and Payment 01025-I Garver Project No. 0296-3600(2) I I D. Linear Measurement: Measured by linear dimension, at the item centerline or mean chord, with survey chain or steel tape. E. Individual Item Measurement: Items to be paid for "each" unit furnished and , installed shall be counted by Engineer. 1.5 PAYMENT ' A. Payment Includes: Full compensation for required labor, products, tools, , equipment, transportation, services and incidentals; erection, application or installation of an item of the Work; overhead and profit. B. Final payment for Work governed by unit prices will be made on the basis of the , actual measurements and quantities accepted by Engineer multiplied by the unit price for Work which is incorporated in or made necessary by the Work. 1.6 DEFECT ASSESSMENT A. Replace the Work, or portions of the Work, not conforming to specified , requirements. B. If, in the opinion of Engineer, it is not practical to remove and replace the Work, 1 Engineer will direct that the defective Work will be repaired to the satisfaction of Engineer, and the unit price will be adjusted to a new price at the discretion of Engineer. C. The authority of Engineer to assess the defect and identify payment adjustment is final. 1.7 NON-PAYMENT FOR REJECTED PRODUCTS A. Payment will not be made for any of the following: I. Products wasted or disposed of in a manner that is not acceptable. 2. Products determined as unacceptable before or after placement. 3. Products not completely unloaded from the transporting vehicle. 4. Products placed beyond the lines, levels or boundaries of the required Work. 5. Products remaining on hand after completion of the Work. 6. Loading, hauling and disposing of rejected Products. ' I I 01025 Measurement and Payment 01025-2 Garver Project No. 0296-3600(2) 1 LI I 1 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: Unless otherwise specified in the Technical Specifications, all quality control and quality assurance sampling and testing shall be at the Contractor's expense in accordance with the requirements of the technical specifications. Sampling and testing required by the specifications to be completed by the Contractor is incidental to any item included in the work being tested. Retesting ' after corrective action to Work initially found to be defective is incidental to the item. Contractor shall be responsible for testing existing water mains that are required to be shut down for Contractor for proposed improvement. ' The Owner reserves the right to perform additional testing and may perform some quality assurance testing as indicated in the technical specifications, at the Owner's expense, to compare with or confirm the Contractor's test results. If the Contractor's test results are determined to be invalid, comparative testing performed by the Owner shall be paid for by the Contractor. All failed tests shall be paid for by the Contractor. D. Excess Excavation - Excess excavation is generally incidental to the payment item, except where Engineer has indicated that an excavation be expanded due to subsurface conditions. Excess excavation undertaken by Contractor to stabilize the trench bottom or walls, where dewatering or shoring would be suitable to ' correct trench conditions, will not be paid. Excess excavation includes backfilling with approved material as specified or as indicated on the Drawings. I E. Furnishing and maintaining all lines, grades, survey points, and measurements necessary for the proper execution of the work under the Contract. 1.9 BID ITEMS 1. 18" PVC C-905 DR -18 Waterline ' 2. 12" PVC C-900 DR -14 Waterline 3. 8" PVC C-900 DR -14 Waterline 4. 6" PVC C-900 DR -14 Waterline 1 5. 4" PVC C-900 DR -14 Waterline 1 01025 Measurement and Payment 01025-3 Garver Project No. 0296-3600(2) I Work completed under this item shall be measured as specified below and paid for per linear foot (L.F.) of waterline of the size specified installed as shown on the plans, or as directed by the Owner or Engineer, and accepted by the City. ' Measurement of pipe lines as a basis of payment shall be made along the pipe from center to center of intersecting lines, or from center to end of branch lines; this measurement will include all special accessories to install the waterline as ' required. Payment shall be full compensation for all pipeline, excavation, bedding and backfill, Class 7 Base Granular Backfill at existing or proposed street crossings, chlorination (including existing lines shut down for the convenience of , the Contractor), testing (including existing lines shut down for the convenience of the Contractor), removal and disposal of existing pipe to be abandoned, and for all other materials, equipment, tools, labor, and incidentals necessary to complete the ' work. 6. Ductile Iron Fittings I Work completed under this item shall be measured and paid for per pound (LB) of ' fittings properly installed as shown on the plans, or as directed by the Owner or Engineer, and accepted by the City. Payment shall be full compensation for fittings, swivel adapters, mechanical joint glands, "Mega -Lug" type restrained joint glands, solid sleeve couplings, thrust blocking, and all other materials, equipment, tools, labor, and incidentals necessary to complete the installation of the fittings. The contractor shall submit a list of all fittings installed and the ' location installed on his request for payment before payment will be considered. 7. 8" x 8" Tapping Sleeve and Valve with Valve Box Work completed under this item shall be measured and paid for by each (EA.) tapping sleeve and valve of the size specified on the plans, or as directed by the Owner or Engineer, installed and accepted by the City. Payment shall be full compensation for furnishing and installing the tapping sleeve and valve with valve box, tapping the water main, "Mega -Lug" type restrained joint glands, thrust blocking, testing, and all other equipment, tools, labor, and incidentals necessary to complete the work. 8. 18" Butterfly Valve with Valve Box , 9. 12" Butterfly Valve with Valve Box 10. 8" Gate Valve with Valve Box Work completed under this item shall be measured and paid for by each (EA.) valve installed complete as shown on the plans, or as directed by the Owner or Engineer, and accepted by the City. Payment shall be full compensation for furnishing and installing the valve, valve box, "Mega -Lug" type restrained joint glands, mechanical joint plugs, thrust blocking, and concrete slabs around the top of the valve boxes materials, and all other equipment, tools, labor, and incidentals necessary to complete the work. 01025 Measurement and Payment 01025-4 Garver Project No. 0296-3600(2) II Air Release Valve ' Work completed under this item shall be measured and paid for by each (EA) air release valve installed complete as shown on the plans, or as directed by the Owner or Engineer, and accepted by the City. Payment shall be full compensation ' for furnishing and installing the air valve, piping, vent riser, access box and lid, ductile iron MJ tee, tapped plug, and all other equipment, tools, labor, and incidentals necessary to complete the work. ' l2. Fire Hydrant Assembly ' Work completed under this item shall be measured and paid for by each (EA.) fire hydrant assembly installed complete as shown on the plans, or as directed by the Owner or Engineer, and accepted by the City. Payment shall be full ' compensation for all fire hydrants, risers as required, auxiliary valve and valve box, locked hydrant adapters, mechanical joint tee, thrust blocking, "Mega -Lug" type restrained joint glands, concrete slab around the valve box, paint, granular material for hydrant drainage, adjustment of the hydrant to match final ground elevations (or as directed by Owner or Engineer), and all other materials, equipment, tools, labor, and incidentals necessary to complete the fire hydrant ' installation. 13. Cut and Cap Existing 8" Water Main Work completed under this item shall be measured and paid for by each (EA.) Cut ' and Plug of the size shown on the plans, or as directed by the Owner or Engineer, acceptably installed and accepted. Payment shall be full compensation for furnishing and installing mechanical joint plug, "Mega -Lug" type restrained joint ' glands, thrust blocking, and all other materials, equipment, tools, labor and incidentals necessary to cut and cap and kill the water main. ' 14. Cut and Grout Existing Water Main Work completed under this item shall be measured and paid for by each (EA.) Cut and Grout as shown on the plans, or as directed by the Owner or Engineer, acceptably installed and accepted. Payment shall be full compensation for cutting existing water main, furnishing and installing grout to cover the resulting opening, and all other materials, equipment, tools, labor and incidentals necessary to cut and grout the water main. I5. 2" Polyethylene Service Line 16. 1" Polyethylene Service Line Work completed under this item shall be measured and paid for by linear foot (LF) of service line of the required size installed as shown on the plans, or as directed by the Owner or Engineer, and accepted by the City. . Payment will 01025 Mensurcmcnt and Payment 01025-5 Garver Project No. 0296-3600(2) I include all service line, testing, fittings, ATHD class 7 granular material for backfill under paved surfaces, connection to existing house service line, cutting existing service line, fittings, and all other materials, equipment, tools, labor and ' incidentals necessary to install the service line. 17. 2" Service Saddle 18. 1" Service Saddle Work completed under this item shall be measured and paid for by each (EA.) , service saddle of the required size installed as shown on the plans, or as directed by the Owner or Engineer, and accepted by the City. Payment shall include all service saddles, testing, and all other materials, equipment, tools, labor and , incidentals necessary to install the service saddle. 19. 2" Ball Valve with Valve Box , 20. 1" Ball Valve with Valve Box Work completed under this item shall be measured and paid for by each (EA.) ball ' valve of the required size installed as shown on the plans, or as directed by the Owner or Engineer, and accepted by the City. Payment shall include all ball ' valves, testing, and all other materials, equipment, tools, labor and incidentals necessary to install the ball valves. 21. 2" Water Meter Yoke , 22. 1" Water Meter Yoke 23. 3/4" Water Meter Yoke Work completed under this item shall be measured and paid for by each (EA.) Water Meter Yoke of the size and at the location specified, or as directed by the Owner or Engineer, and accepted by the City. Payment shall include providing and installing all Water Meter Yokes, and all other materials, equipment, tools, labor and incidentals necessary to install the new meter yoke. 24. Water Meter Box Work completed under this item shall be measured and paid for by each (EA.) , Water Meter Box of the size and at the location specified, or as directed by the Owner or Engineer, and accepted by the City. Payment shall include providing and installing the Water Meter Box, and all other materials, equipment, tools, labor and incidentals necessary to install the new meter box. 25. Water Meter Lid , Work completed under this item shall be measured and paid for by each (EA.) Water Meter Lid of the size and at the location specified, or as directed by the Owner or Engineer, and accepted by the City. Payment shall include providing 01025 Measurement and Payment 01025-6 Garver Project No. 0296-3600(2) I and installing the Water Meter Lid, and all other materials, equipment, tools, labor and incidentals necessary to install the new meter lid. 26. Adjust Existing Meter Location I Work completed under this item shall be measured and paid for by each (EA.) Water Meter Assembly located as specified, or as directed by the Owner or Engineer, and accepted by the City. Payment shall include relocating and reconnecting the meter setting, yoke, box, lid, and all materials, equipment, tools, labor and incidentals necessary to relocate the existing meter assembly. 27. Permanent ACHM Pavement Repair 28. Permanent Concrete Pavement Repair IWork completed under this item shall be measured and paid for by the square yard (S.Y.) of permanent pavement repair of the type and at the location specified in the Plans, or as directed by the Owner or Engineer, and accepted by the City. In no case shall the measurement extend beyond the pay limits shown in the details for each type of pavement repair unless directed by the Engineer. Pavement repairs of insufficient depth shall not be measured for payment. Payment shall be full compensation for the complete restoration of the pavement, including driveways, in accordance with the Plans and this specification and shall include I saw cutting, removing and disposing of existing pavement; providing and placing asphalt, concrete or other materials; preparing subgrade; providing and placing any necessary formwork; providing and placing expansion joint materials, saw I cutting and sealing control joints; placement, maintenance, and removal of temporary pavement repairs; and all other materials, equipment, tools, labor and incidentals necessary to complete the repair. 29. Class 7 Backfill Under Pavement Work completed under this item shall be measured and paid for by the cubic yard (C.Y.) of class 7 backfill under pavement at the location specified in the Plans, or as directed by the Owner or Engineer, and accepted by the City. No measurement will be made for backfill beyond the maximum allowable trench width shown in the plans. Payment shall include backfill for all traffic areas including parking lots, driveways, roadways, future areas, and gravel pavement repair. 30. 30" Bored Steel Encasement Pipe 31. 30" Steel Encasement Pipe Installed By Open Cut 32. 24" Steel Encasement Pipe Installed By Open Cut 33. 16" Bored Steel Encasement Pipe 34. 16" Steel Encasement Pipe Installed By Open Cut 35. 12" Steel Encasement Pipe Installed By Open Cut I I01025 Measurement and Payment 01025-7 Garver Project No. 0296-3600(2) I Work completed under this item shall be measured and paid for per linear foot (L.F.) of steel encasement pipe, of the size specified, method installed as shown on the plans, or as directed by the Owner or Engineer, and accepted by the City. , Payment shall be full compensation for all encasement pipe, spacers, end seals, weld shields, sleeves for carrier pipe, bore pit excavation, and for all other materials, equipment, tools, labor, and incidentals necessary to complete the work. , 36. Concrete Encasement Work completed under this item shall be measured and paid for per the cubic yard (C.Y.) of concrete encasement at locations as shown on the plans, or as directed by the Owner or Engineer, and accepted by the City. No measurement will be made for concrete beyond the maximum allowable trench width shown in the plans. Payment shall be full compensation for all concrete, forms, all types of , excavation, forms, and for all other materials, equipment, tools, labor, and incidentals necessary to complete the work. 37. Embankment Over Water Main , Work Completed under this item shall be measured and paid for per the cubic yard (C.Y.) of embankment over water main at locations shown on the plans, or as directed by the Owner or Engineer, and accepted by the City. Payment shall be full compensation for all embankment material, compaction, and for all other materials, equipment, tools, labor, and incidentals necessary to complete the work. 38. 4" Concrete Sidewalk Work completed under this item shall be measured and paid for per square yard (SY) of 4" Concrete Sidewalk installed as shown on the plans, or as directed by the Owner or Engineer, and accepted by the City. Payment shall be full compensation for preparing the subgrade; constructing and removing formwork; providing, placing, finishing, and curing concrete; providing and placing expansion joint material; saw cutting control joints; and for all other materials, equipment, tools, labor, and incidentals necessary to complete the work. All concrete shall be class "B". 39. 2' Concrete Curb and Gutter 40. 6" Concrete Curb Work completed under this item shall be measured as specified below and paid for per linear foot (L.F.) of Concrete Curb and Gutter or Concrete Curb as shown on the plans, or as directed by the Owner or Engineer, and accepted by the City. Measurement as a basis of payment shall be made along the back edge of each continuous section of the curb and gutter or the curb and shall include the space , occupied by all joints. The quantity of the final estimate will be the sum of the several measurements, to the nearest linear foot. Payment shall be full 01025 Measurement and Payment 01025-8 Garver Project No. 0296-3600(2) , compensation for all excavating and fine grading; providing, placing, and removing formwork; providing, placing, finishing, and curing concrete; providing ' and placing expansion joint material; saw cutting control joints; reinforcing steel; and for all equipment, tools, labor, and incidentals necessary to complete the work. All concrete shall be class "B". 41. Remove and Deliver existing Fire Hydrant Work completed under this item shall be measured and paid for by each (EA.) Fire Hydrant removed and delivered as specified on the plans or as directed by the ' Engineer. Payment shall include removing the existing fire hydrant, delivering the hydrant to the City of Fayetteville Water & Sewer Department located on Cato Springs Road in Fayetteville, Arkansas, and all other materials, equipment, tools, ' labor and incidentals necessary to complete the task. 42. Remove and Replace Existing Fence ' Work Completed under this item shall be measured and paid for by linear foot (L.F.) of remove and replace existing fence as shown on the plans or as directed ' by the engineer. Work performed and accepted under this item will be measured along the center of the final location of the replaced or relocated fences. Payment will be full compensation for all removal, storage, and replacement of all existing ' fences, gates, posts, bracing; new fences, gates, posts, bracing; and all other materials, labor, and incidentals necessary to perform the work. 43. 4' ID Manhole (0' to 12' Deep) Work Completed under this item shall be measured and paid for by each (E.A.) 4' ' ID manhole of the size and depth as shown on the plans or as directed by the engineer. .Payment will be full compensation for all concrete, reinforcing, formwork, plugs, manhole frames and covers, rain catcher, excavation, bypass pumping, dewatering, bedding, backfill (including backfill under roadways and parking lots), acquisition and transportation of additional backfill materials, opening cross -through sewer lines, connection of service lines, grout, water stops, testing, and all other materials, labor, and incidentals necessary to perform the work. ' 44. t 6" PVC SDR-21 Gravity Sewer (0' to 12' Deep) Work completed under this item shall be measured as specified below and paid for per linear foot (L.F.) of 16" PVC SDR-26 gravity sewer of the size specified installed as shown on the plans, or as directed by the Owner or Engineer, and ' accepted by the City. Measurement of pipe lines as a basis of payment shall be made along the pipe from center of the installed pipe from inside face of manholes. Payment shall be full compensation for all pipeline, excavation, bedding and backfill, Class 7 Base Granular Backfill at existing or proposed street ' 01025 Measurement and Payment 01025-9 Garver Project No. 0296-3600(2) r� D crossings, testing, and for all other materials, equipment, tools, labor, and incidentals necessary to complete the work. 45. Remove and Dispose of Existing Manhole Work completed under this item shall be measured and paid for per each (E.A.) remove and dispose of existing manhole as shown on the plans or as directed by the engineer. Payment shall be shall be full compensation for removing and disposing of the existing manhole, connecting the existing gravity sewer with new pipe at the removed manhole location, gravity sewer pipe, fittings, excavation, bedding and backfill, Class 7 Base Granular Backfill at existing or proposed street crossings, testing, and for all other materials, equipment, tools, labor, and , incidentals necessary to complete the work. 46. Connect to Existing Manhole , Work completed by this item will be paid for at the price bid per each (EA) ' Connect to Existing Manhole as shown in the Unit Price Schedule. This item shall consist of connecting gravity sewer, of the size specified, to existing manhole at the locations shown on the plans or as directed by Engineer. The method of connection shall be approved by Engineer prior to the execution of work. Work performed and accepted under this item will be measured by each (EA). Payment will be full compensation for all temporary plugging, bypass , pumping, concrete, grout, water stops, excavation, dewatering, bedding, backfill (including backfill under roadways and parking lots), acquisition and transportation of additional backfill materials, and all other materials, labor, and incidentals necessary to perform the work. 47. Mobilization The work completed under this item will be paid for at the lump sum (L.S.) price bid for Mobilization shown in the Unit Price Schedule. This item shall consist of preparatory work and operations, including those necessary for the movement of personnel, equipment, supplies, and incidentals to or away from the project site and departure from the site after the project is completed and accepted. 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. It shall also include pre -construction costs which are necessary direct costs to the project and are of a general nature rather than directly attributable to other pay items under the Contract. Periodic payments will be made in proportion to the amount of work accomplished, as determined by the Owner, and will be full compensation for mobilization, including all materials, labor, and incidentals necessary to perform the work. 1 CJ 01025 Measurement and Payment 01025-10 Garver Project No. 0296-3600(2) , I 48. Site Preparation Work completed under this item shall be measured and paid for per lump sum (LS) of site preparation. Payment shall be full compensation for mobilization, ' clearing and grubbing, clean up, staging areas, removal and disposal of structures, furnishing all labor, tools, equipment and incidentals necessary to complete the work. Periodic payments will be made under this item in proportion to the amount 'of work accomplished, as determined by the Engineer. ' 49. Trench Excavation and Safety Work completed under this item shall be measured and paid for per lump sum (LS) of trench excavation and safety. This item shall consist of trench and excavation safety systems required for constructing improvements that necessitate open excavations on the project. All work under this item shall be in accordance ' with the current edition of the "Occupational Safety and Health Administration Standard for Excavation and Trenches Safety System, 29 CFR 1926, Subpart "P". The work required by this item will be paid for at the lump sum price bid for ' "Trench and Excavation Safety Systems for Water & Sewer Improvements". After award of the contract, the Contractor shall submit to the Engineer a breakdown of cost for work involved in the lump sum price bid for "Trench and Excavation Safety Systems for Water & Sewer Improvements" and shall, with each periodic payment request, submit a certification by the Contractor's "competent person" as defined in Subpart "P" 1926.650(b) that the Contractor has ' complied with the provisions of "Occupational Safety and Health Administration Standard for Excavation and Trenches Safety System", 29 CFR 1926 Subpart P for work for which payment is requested. ' 50. Maintenance of Traffic ' Work completed under this item shall be measured and paid for per lump sum (LS) of maintenance of traffic. This item shall consist of maintaining access to drives and streets in a safe manner. It is the Contractors responsibility to install ' and maintain all necessary controls. Periodic payments will be made in proportion to the amount of work accomplished, as determined by the Engineer, and will be full compensation for providing all advance warning devices, traffic ' safety devices, flag persons, temporary surfaces, barricades, temporary safety fencing, and all other materials, labor, and incidentals necessary to perform the work. ' 51. Erosion Control ' Work completed under this item shall be measured and paid for per lump sum (LS) of erosion control. This item shall consist of the application of Temporary Erosion Control items at locations as required for permit compliance. It shall be ' 01025 Measurement and Payment 01025-11 Garver Project No. 0296-3600(2) the Contractors responsibility to install and maintain all the items and to coordinate, submit, obtain, and comply with all necessary Federal, State, and local permits. Periodic payments will be made in proportion to the amount of work accomplished, as determined by the Engineer, and will be full compensation for obtaining all licenses and permits, erosion control, including all materials, labor, and incidentals necessary to perform the work. Part 2- PRODUCTS Not Used Part 3 - EXECUTION Not Used End of Section 01025 01025 Measurement and Payment 01025-12 Garver Project No. 0296-3600(2) I I I I I I I I I I Section 01035 MODIFICATION PROCEDURE Part I -GENERAL 1.1 SUMMARY A. This section describes steps to make changes in the Work, Contract Price, Contract Times, or any combination thereof, as are described in written Change Orders signed by Owner, Contractor, and Engineer and issued after execution of the Agreement, and in other instruments of change as described herein in accordance with the provisions of this Section. Section includes: I. Documentation of change in Contract Price and Contract Time. 2. Change procedures. 3. Work Change Directive. 4. Stipulated Price Change Order. 5. Unit price change order. 6. Time and material change order. 7. Execution of Change Orders. S. Correlation of Contractor submittals. B. Related work: I. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions and the Supplementary Conditions of these Specifications. 2. Changes in the Work are described further in the General Conditions. 3. Section 01700— Contract Closeout. ' 1.2 QUALITY ASSURANCE 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 ' A. Change Order Form: EJCDC 1910-8-B or other approved by the Owner. IB. Work Change Directive Form: EJCDC 1910-F or other approved by the Owner. ' C. Field Order Form: Engineer's letter. ' 01035 Modification Proccdure.DOC 01035-1 Garver Project No. 0296-3600(2) L 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 ofproposed 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 ii L I C. On request, provide additional data to support computations: I 1. Quantities of products, labor, and equipment. 2. Taxes, insurance, and bonds. 3. Overhead and profit. 4. Justification for any change in Contract Time. 5. Credit for deletions from the Work, similarly documented. D. Support each claim for additional costs, and for work done on a time and material basis, with additional information: 1. Origin and date of claim. 2. Dates and times work was performed, and by whom. 3. Time records and wage rates paid. 4. Invoices and receipts for products, equipment, and subcontracts, similarly documented. 1.5 FIELD ORDER A. Engineer will authorize, in writing, minor changes in the Work not involving an adjustment to Contract Price or Contract Time as authorized by Paragraph 9.05 of the General Conditions by issuing a Field Order. 1.6 WORK CHANGE DIRECTIVE A. Engineer may issue a Work Change Directive, signed by Owner, instructing Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. B. The Work Change Directive will describe changes in the Work, and will designate method of determining any change in Contract Price or Contract Time. C. Promptly execute the change in Work. 1.7 STIPULATED PRICE CHANGE ORDER I I J I I I Li I [J I A. Based on notice of change and Contractor's fixed price quotation and subsequent negotiations. I [1 01035 Modification Procedure.DOC 01035-2 Garver Project No. 0296-3600(2) ' I 1 1.8 UNIT PRICE CHANGE ORDER 1 A. For pre -determined unit prices and quantities, Change Order will be executed on a fixed unit price basis. ' B. For unit costs or quantities of units of work which are not pre -determined, execute Work under a Work Change Directive, or based on negotiation and an executed Change Order. 1.9 TIME AND MATERIAL CHANGE ORDER A. Submit itemized account and supporting data after completion of change, within time limits indicated in the General Conditions. ' B. Engineer will determine the change allowable in Contract Price and Contract Time as provided in the Contract Documents. C. Maintain detailed records of work done on time and material basis. D. Provide ftll information required for evaluation of proposed changes, and to substantiate costs for changes in the Work. 1.10 EXECUTION OF CHANGE ORDERS ' A. Engineer will provide Change Order forms for signatures of parties as provided in the General Conditions in the number of copies indicated in the Supplementary Conditions. 1.11 CORRELATION OF CONTRACTOR SUBMITTALS A. Promptly revise Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Price. ' 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 I Not Used. End of Section 01035 I ' 01035 Modification Procedure.DOC 01035-3 Garver Project No. 0296-3600(2) L I Li I I I Section 01040 COORDINATION AND MEETINGS Part I - GENERAL 1.1 SUMMARY A. This Section expands upon requirements regarding coordination, conferences and meetings, described to permit direct reference from individual product specification Sections. Coordination ' 2. Pre -construction conference I I 3. Progress meetings 1.2 RELATED SECTIONS A. Documents affecting work of this Section include, but are not necessarily limited to the General Conditions and the Supplementary Conditions of these Specifications. ' 13 COORDINATION I I C] [I 11 I I I A. Coordinate construction activities with other contractors working in the same vicinity on other projects. It is anticipated that other utilities may be relocated during the same time, in the same area as this project. B. The Contractor, on the basis of the schedule and progress meetings shall notify the appropriate property owners of earthwork, trenching, pipe laying, cleanup, or other activities scheduled to occur on, or adjacent to, their property during the coming week. The individual property owner, or tenant thereof, shall be notified at least 48 hours in advance of occupying, storing materials on, or performing work on any right-of-way or casement. 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. ' 01040 Coordination and Meetings.DOC 01040-1 Garver Project No. 0296-3600(2) 1 All work that the Contractor will do that is related to traffic control devices or other related items shall be coordinated with the Traffic Department superintendent for the City of Fayetteville. C. Coordinate scheduling, submittals, and Work of the various Sections of specifications to assure efficient and orderly sequence of installation of interdependent construction elements with provisions for accommodating items installed later. D. Verify that utility requirement characteristics of operating equipment are compatible with existing utilities. Coordinate work of various Sections having interdependent responsibilities for installing, connecting to, and placing in service such equipment. I I I I E. Coordinate completion and clean up of Work of separate Sections in preparation for Substantial Completion. ' 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. TI 1.4 PRECONSTRUCTION CONFERENCE I A. The Contractor will be contacted within 7 days after the Notice of Award to schedule a preconstruction conference. This conference will be scheduled so that the Contractor, the Engineer, and the Owner can all be present. It will be scheduled within 21 days from the Notice of Award. No work can begin at the site begins until after this meeting. B. Attendance Required: Authorized representatives of Owner, Engineer, and Contractor. H I C. Agenda: , Distribution of executed Owner -Contractor Agreement. 2. Submission of executed bonds and insurance certificates. I 3. Distribution of Contract Documents. I 4. Submission of list of Subcontractors, list of products, and proposed schedule. See Section 01010 for information on the Contractor's submittal regarding the project schedule. 5. Designation of personnel representing the parties in Contract, and the Engineer. 6. Procedures and processing of field decisions, shop drawings, submittals, substitutions, applications for payments, Change Orders and Contract closeout procedures. 11 I I I 01040 Coordination and Meetings.DOC 01040-2 Garver Project No. 0296-3600(2) , 7. Construction schedule, including sequence of critical work. 8. Channels and procedures for communication. 9. Rules and regulations governing performance of the Work. 10. Procedures for safety and first aid, security, quality control, and related matters. 1.5 PROGRESS MEETINGS A. Schedule and administer meetings throughout progress of the Work beginning at weekly intervals or as determined by Engineer. B. Make arrangements for meetings, prepare agenda with copies for participants, preside at meetings, record minutes, and distribute copies within two days to Engineer, Owner, participants, and those affected by decisions made. C. Attendance Required: Job superintendent, major Subcontractors and suppliers, Owner, Engineer, and others as appropriate to agenda topics for each meeting. D. Agenda: 1. Review minutes of previous meetings. 2. Review of Work progress. 3. Field observations, problems, and decisions. 4. Identification of problems which impede planned progress. 5. Review of submittals schedule and status of submittals. 6. Review of off -site fabrication and delivery schedules. 7. Maintenance of progress schedule. 8. Corrective measures to regain projected schedules. 9. Planned progress during succeeding work period. 10. Coordination of projected progress. It. Maintenance of quality and work standards. 01040 Coordination and Meetings.DOC 01040-3 Garver Project No. 0296-3600(2) ' Section 01051 CONSTRUCTION SURVEYS Part I - GENERAL ' I.I SUMMARY A. This Section defines staking services that Engineer will furnish, and sets forth responsibilities of Contractor regarding the use and maintenance of same. ' B. Related Work: Documents affecting work of this Section include, but are not limited to, the General Conditions and the Supplementary Conditions of these Specifications. C. Definitions I I I I I I "Control Points" are the original reference points set or found by the Engineer for the construction work. 2. "Construction Staking" is staking required as the project progresses, which is the responsibility of the Contractor. 1.2 REQUIREMENTS A. Engineer shall provide the following: L Set horizontal control points and provide coordinates in Plans to allow for Contractor's layout. 2. Reset points found to be in error. 3. Set initial line layout at approximately 200 -foot intervals B. Contractor shall provide the following staking: I. All construction staking except as provided by Engineer above. 2. Reset all stakes, marks, or pins lost due to Contractor's operations. ' 1.3 CONTROL STAKING A. Survey Control Points I I Engineer has provided location of survey control points with horizontal and vertical locations throughout the Plans for use by the Contractor in performing construction staking for the Work. B. Checking Stakes I ' 01051 Construction Surveys.DOC 01051-1 Garver Project No. 0296-3600(2) 1. Examine points before commencing operations. 2. Notify Engineer, if validity of any control point is questionable. 3. Engineer will check points in question. 4. Any control points found to be in error will be reset by the Engineer. 5. If points are valid, Contractor shall pay for cost of checking points. C. Preservation of Stakes 1. Contractor shall inform his employees, subcontractors and vendors of importance of control points and the necessity of their preservation. 2. Contractor shall pay for resetting any control stakes, marks, or pins lost due to Contractor's operations. 1.4 CONSTRUCTION STAKING A. Provide all construction staking as needed to complete the Work. Part 2- PRODUCTS Not Used Part 3- EXECUTION Not Used End of Section 01051 1 1 1 1 1 1 1 1 1 01051 Construction Surveys.DOC 01051-2 Garver Project No. 0296-3600(2) U H Section 01060 REGULATORY REQUIREMENTS ' Part I - GENERAL 1.1 SECTION INCLUDES: A. Listing of certain applicable local, state, and federal regulatory requirements applicable to the project. B. Discussion of specific implementation of certain regulatory requirements. ' 1.2 NOT INCLUDED: A. Comprehensive listing of applicable local, state, and federal regulatory requirements ' applicable to the project. B. Reference to or listing of applicable safety standards. ' 1.3 RELATED SECTIONS A. Documents affecting work of this Section include, but are not necessarily limited to, the General Conditions and the Supplementary Conditions of these Specifications. B. Section 01090 - Reference Standard: applicable consensus standards. IC. Specific Sections of this Specification include additional requirements of local, state, and federal regulatory requirements. 1.4 AMERICANS WITH DISABILITIES ACT A. Comply with portions applicable to construction and construction sites. ' 1.5 FAYETTEVILLE WATER SPECIFICATIONS A. City of Fayetteville Standards for Waterline Construction, dated April 1996, or their latest revision, are available in Appendix A for review. ' 1.6 ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT A. Construction standards as listed in individual Specification Sections. I ' 01060 Regulatory Rcquirements.DOC 01060-1 Garver Project No. 0296-3600(2) 1.7 ARKANSAS DEPARTMENT OF HEALTH (ADH) A. Project has been submitted to ADH for approval with applicable design standards. , B. Do not deviate from ADH approved Drawings and Specifications without approval of Engineer. C. Deviations requested by Contractor which require re -submittal to ADH - Contractor will reimburse Owner for cost of re -submittal and obtaining approval. Part 2- PRODUCTS Not Used Part 3 - EXECUTION Not Used End of Section 01060 1 01060 Regulatory Requirements.DOC 01060-2 Garver Project No. 0296-3600(2) Section 01090 REFERENCE STANDARDS AND ABBREVIATIONS Part l - GENERAL 1.1 SECTION INCLUDES A. A listing of organizations providing reference standards referenced in the Specifications. B. Information on the use of reference standards. C. A listing of abbreviations used throughout the Contract Documents. 1.2 RELATED SECTIONS A. General Conditions, Supplementary Conditions 1.3 SCHEDULE OF REFERENCES A. AASHTO American Association of State Highway and Transportation Officials 444 North Capitol Street, NW Washington, DC 20001 B. AC! 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 01090 Refcrcnce Standards and Abbreviations.DOC 01090-1 Garver Project No. 0296.3600(2) I G. ASTM American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 H. AWWA American Water Works Association 6666 West Quincy Avenue ' Denver, CO 80235 I. EJCDC Engineers' Joint Contract Documents Committee American Consulting Engineers Council 1015 15th Street, NW Washington,.DC 20005 J. FS Federal Specifications General Services Administration, Specifications and Consumer Information Distribution Section (WFSIS) Washington Navy Yard, Building 197 Washington, DC 20407 K. MIL Military Specification Naval Publications and Forms Center 5801 Tabor Avenue Philadelphia, PA 19120 L. PCA Portland Cement Association 5420 Old Orchard Road , Skokie, IL 60077 M. UL Underwriters' Laboratories, Inc. ' 333 Pfringston Road Northbrook, IL 60062 1.4 ABBREVIATIONS Whenever the following abbreviations and acronyms are used, they shall have the ' corresponding meaning as follows. AGA - American Gas Association ' AHTD - Arkansas Highway and Transportation Department AASHTO - American Association of Highway and Transportation Officials AISC - American Institute of Steel Construction APA - American Plywood Association ASA - American Standards Association AWG - American Wire Gage AWPA - American Wood Products Association AWS - American Welding Society 01090 Reference Standards and Abbreviations.DOC 01090-2 Garver Project No. 0296-3600(2) 1 I GSA - General Services Administration, U.S. Government NHBA - National Builders Hardware Association I. NEC - National Electric Code NEMA - National Electric Manufactures Association NFPA - National Fire Protection Association NPT - National Pipe thread SBC - Standard Building Code (also SSBC) SPA - Southern Products Association A - Ampere cftn - cubic feet per minute • COMP - 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 I I I O01090 Reference Standards and Abbreviations.DOC 01090-3 Garver Project No. 0296-3600(2) I 1 I I L I I H I I I I I Section 01300 SUBMITTALS Part I - GENERAL 1.1 SUMMARY A. This Section expands upon requirements regarding administrative and procedural requirements for submittals of progress schedules, shop drawings, product data, samples, manufacturer's instructions, and manufacturer's certificates. B. Related Work: Section 01700 - Contract Closeout: Contract warranty, manufacturer's certificates, and closeout submittals. 1.2 SUBMITTAL PROCEDURES A. Transmit each submittal with form accepted by Engineer. Send the number of copies the Contractor requires plus two copies which will be retained by the Engineer. Small unreadable print, common with faxed information, is not acceptable. B. Sequentially number the transmittal forms. Re -submittals to have original number with 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. IG. Provide space for Contractor and Engineer review stamps. I I H. Revise and resubmit submittals as required, identify all changes made since previous submittal. 1 01300 Submittals.DOC 01300-1 GanverProject No. 0296-3600(2) I I. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions. 1.3 CONSTRUCTION PROGRESS SCHEDULES A. Submit initial progress schedule in duplicate within 15 days after date of Owner- 1 Contractor Agreement for Engineer review. B. Submit a horizontal bar chart with separate line for each major section of Work or , operation, identifying first work day of each week. C. Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. D. Indicate estimated percentage of completion for each item of Work at each submission. E. Indicate submittal dates required for shop drawings, product data, and samples. I 1.4 SHOP DRAWINGS A. Submit the number of opaque reproductions which Contractor requires, plus two copies which will be retained by Engineer. Small unreadable print, common with faxed information, is not acceptable. I 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 to - submittals, and for placing orders and securing delivery. E. In scheduling, allow at least ten working days for review by the Engineer following the ' Engineer's receipt of the submittal. F. Submittal log: I 1. Maintain an accurate submittal log for the duration of the Work, showing current status of all submittals at all times. 01300 Submittals.D0C 01300-2 Garver Project No. 0296-3600(2) 1 LI 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. 1.5 PRODUCT DATA A. Submit the number of copies which the Contractor requires, plus two copies which will be retained by the Engineer. Small unreadable print, common with faxed information, is not ' acceptable. B. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. C. After review, distribute in accordance with Article on Procedures above and provide copies for Record Documents described in Section 01700 - Contract Closeout. L6 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 ofwhich will be retained by Engineer. E. Reviewed samples which may be used in the Work are indicated in individual specification Sections. 1.7 MANUFACTURER'S INSTRUCTIONS A. When specified in individual specifications Sections, submit manufacturersprinted 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. I 1 01300 Subminals.DOC 01300-3 Garver Project No. 0296-3600(2) B. Indicate that material or product conforms to or exceeds specified requirements. Submit supporting reference data affidavits, and certifications as appropriate. C. Certificates may be recent or previous test• results on material or Product, but must be acceptable to Engineer. Pan 2- PRODUCTS Not Used Part 3- EXECUTION Not Used End of Section 01300 01300 Submittals.DOC 01300-4 Garver Project No. 0296-3600(2) I ISection 01410 ITESTING LABORATORY SERVICES IPart 1 -GENERAL 1.1 SUMMARY A. This Section describes testing to be provided by a pre -qualified, Owner approved, ' independent laboratory, plus cooperation required from the Contractor with others responsible for testing and inspecting the Work. Is. Unless otherwise specified in the Technical Specifications, all quality control and quality assurance sampling and testing shall be at the Contractor's expense in accordance with the requirements of the technical specifications. Testing required by the specifications to be ' completed by the Contractor is incidental to any item included in the work being tested. Retesting after corrective action to Work initially found to be defective is incidental to the item. C. The Owner reserves the right to perform additional testing and may perform some quality assurance testing as indicated in the technical specifications, at the Owner's expense, to compare with or confirm the Contractor's test results. If the Contractor's test results are determined to be invalid, comparative testing performed by the Owner shall be paid for by the Contractor. All failed tests shall be paid for by the Contractor. D. Related work: I. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Technical Specifications • sections. 2. Requirements for testing may be described in various Sections of these Specifications. 3. Where no testing requirements are described, but the Owner or the Owner's representative decides that testing is required, such tests shall be performed under current pertinent standards for testing by the Owner. E. Selection of Laboratory: ' Selection of testing laboratory: The Owner will select a pre -qualified independent testing laboratory for its Quality Assurance testing services. The Contractor will select a prc- qualified independent testing laboratory for Quality Assurance/Control sampling and testing services. Neither Owner nor Contractor shall utilize a testing laboratory against which the other has a reasonable objection. I 01410 Testing Laboratory Services.DOC 01410-1 Garver Project No. 0296-3600(2) I 1.2 TESTING LABORATORY AND TEST A. The testing laboratory will be qualified to the Owner's approval in accordance with ASTM ' E 329. B. Testing, when required, will be in accordance with all pertinent codes and regulations, and ' with selected standards of the American Society for Testing and Materials and the American Association of State Highway and Transportation Officials. 1.3 DELIVERY, STORAGE, AND HANDLING A. Comply with pertinent provisions of Section 01620. B. The Contractor shall promptly process and distribute required copies of test reports and related instructions to assure necessary re -testing and replacement of materials with the least possible delay in progress of the Work. Part 2— PRODUCTS , 2.1 QUALITY ASSURANCE / QUALITY CONTROL 1 Responsibilities for Quality Assurance and Quality Control testing are described in the technical specifications. The costs for failed tests shall be borne by the Contractor. 2.3 CODE COMPLIANCE TESTING Inspections and tests required by codes or ordinances, or by a plan approval authority, and which are made by a legally constituted authority, shall be the responsibility of and shall be paid for by Contractor, unless otherwise provided in the Contract Documents. 2.4 CONTRACTOR'S CONVENIENCE TESTING I Inspecting and testing performed exclusively for Contractor's convenience shall be sole responsibility of Contractor. I Part 3- EXECUTION 1 3.1 COOPERATION WITH TESTING LABORATORY Representatives of the testing laboratory shall provide access to the Work at all times and at all , locations where the Work is in progress. I 01410 Testing Laboratory Services.DOC 01410-2 Garver Project No. 0296-3600(2) 1 I 3.2 TAKING SPECIMENS ' Specimens and samples for testing, unless otherwise provided in the Contract Documents, shall be taken by testing personnel. 3.3 SCHEDULES FOR TESTING A. Establishing schedule: I. By advance discussion with testing laboratory selected by Owner, determine the ' time required for laboratory to perform tests and to issue findings. 2. Provide all required time within the construction schedule. I 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 maybe ' back -charged to Contractor and shall not be borne by Owner. ' End of Section 01410 I I I 1 I I I I 1 01410 Testing Laboratory Services.DOC 01410-3 Garver Project No. 0296-3600(2) ISection 01500 ' CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS Part I - GENERAL 1.1 SUMMARY A. This Section describes construction facilities and temporary controls required for the Work. B. Related work: L Documents affecting work of this Section include, but arc not necessarily limited to, the General Conditions and the Supplementary Conditions of these Specifications. 2. Except that equipment furnished by subcontractors shall comply with requirements of pertinent safety regulations, such equipment normally furnished by the individual trades in execution of their own portions of the Work are not part of this Section. 3. Permanent installation and hookup of the various utility lines are described in other • Sections. 1.2 REQUIREMENTS A. Provide construction facilities and temporary controls needed for the Work including, but not necessarily limited to: I. Temporary Utilities: Electricity, heat, ventilation, telephone, water and sanitary facilities. 2. Temporary Controls: Barriers, enclosures, fencing, protection of the Work, and water control. 1 3. Construction Facilities: Access roads and temporary buildings. 4. Project sign, if required. 1.3 DELIVERY, STORAGE, AND HANDLING IA. Maintain temporary facilities and controls in proper and safe condition throughout progress of the Work. LJ I 1 ' 01500 Construction Facilities and Temporary Controls.DOC 01500-1 Garver Project No. 0296-3600(2) 11 Part 2- PRODUCTS 2.1 MAINTENANCE OF TRAFFIC I A. Keep existing roads open to all traffic except where permitted or directed otherwise by the Contract Documents or the Engineer. Detour routes are required for this project. Keep the portion of the project being used by public traffic, either through or local traffic, in such condition to permit safe, continuous flow two-way traffic at all times. Where the nature of the work restricts or prohibits two-way flow, one-way operation may be maintained by use of flagmen. B. Conduct work as to assure the least possible obstruction to traffic. Provide for safety and convenience of the general public, residents affected by construction, and protection of persons ' and property. C. Maintain existing roads from the date work is begun until the project has been completed and accepted. D. Provide traffic control devices and operations required to delineate temporary hazards which result from construction. Traffic control devices shall comply with applicable portions of the MUTCD and Section 604 of AHTD. Traffic control devices which are ineffective due to size, age, wear and tear, or improper delineation shall be removed from the site and replaced with suitable devices. 2.2 UTILITIES I A. Water 1. Provide necessary temporary piping and water supply and, upon completion of the Work, remove such temporary facilities. , 2. Provide and pay for water used in construction, including water used to flush and test pipelines and appurtenances. B. Electricity ' 1. Provide necessary temporary wiring and, upon completion of the Work, remove such temporary facility. 2. Provide area distribution boxes so located that the individual trades may furnish and use 100 ft. maximum length extension cords to obtain power and lighting at points where needed for work, inspection, and safety. 3. Provide and pay for electricity used in construction. C Heating: Provide and pay for heat devices and heat necessary to maintain specified conditions for construction operations needed in the Work. I 01500 Construction Facilities and Temporary Controls.DOC 01500-2 Garver Project No. 0296-3600(2) LI I I I I I I I D. Temporary Ventilation 1. Ventilate enclosed areas to assist cure of materials, to dissipate humidity, and to prevent accumulation of (lust, fumes, vapors, or gases. 2. Provide equipment as required to maintain proper ventilation construction operations. E. Temporary Sanitary Facilities 1. Provide temporary sanitary facilities in the quantity required for use by all personnel. 2, Maintain in sanitary condition at all times. 2.3 BARRIERS A. Provide harriers 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. I2.4 WATER CONTROL I Li 11 I I I L 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 iimnediate 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 I 01500 Construction Facilities and Temporary Controls.DOC 01500-3 Garver Project No. 0296-3600(2) I 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 flow. I I I [1 C. Provide and maintain access to fire hydrants, free of obstructions. I 2.8 PROGRESS CLEANING A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition. B. Remove waste materials, debris, and rubbish from site periodically and dispose off -site. 2.9 FIELD OFFICES AND SHEDS A. Contractor's facilities: (applicable when included as a bid item) I. Provide a temporary field office building and sheds adequate in size and accommodation for Contractor's offices, supply, and storage. 2. Within the Contractor's facilities, provide enclosed space adequate for holding project meetings. Furnish with table, chairs, and utilities. 3. Make necessary arrangements and pay costs for installation and operation of telephone service to the Contractor's office at the job site. 4. Make the telephone available to the Engineer for use in connection with the Work. B. Locate offices and sheds a minimum distance of 30 feet from existing and new structures. 2.10 ENCLOSURES A. Provide and maintain for the duration of construction all scaffolds, tarpaulins, canopies, warning signs, steps, platforms bridges, and other temporary constructing necessary for proper completion of the Work in compliance with pertinent safety and other regulations. B. Provide temporary weather -tight closure of exterior openings to accommodate acceptable working conditions and protection for Products, to allow for temporary heating and maintenance of required ambient temperatures identified in individual specification Sections, and to prevent entry of unauthorized persons. Provide access doors with self -closing hardware and locks. I I I i J Ii Li I I I 01500 Construction Facilities and Temporary Controls.DOC 0150013 Garver Project No. 0296-3600(2) , I ' 2.11 TEMPORARY FENCING A. Provide a temporary fence of design and type needed to prevent entry by the public onto the open excavation areas of the Work. This temporary fence shall be installed and remain in- place around areas of excavation that shall remain open to the public for periods of longer than 8 hours, and around areas of excavation that are immediately adjacent to areas of public travel, such as sidewalks, public streets, etc., that shall remain open for periods longer than 8 hours. B. Fencing shall be international orange in color, 4' high, have maximum 6 inch square opening and be supported by 6 foot posts located 10 feet to 12 feet on center and imbedded 18 inches into the ground. ' Part 3 - EXECUTION 3.1 MAINTENANCE AND REMOVAL A. Maintain temporary facilities and controls as long as needed for safe and proper completion of the Work. ' B. Remove such temporary facilities and controls as rapidly as progress of the Work will permit, ' or as directed by the Engineer. C. Clean and repair damage caused by installation or use of temporary work. ' D. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified condition. 1 IEnd of Section 01500 I r^ I I 1 01500 Construction Facilities and Temporary Controls.DOC 01500-5 Garver Project No. 0296-3600(2) [IJ I 11 I I I I I I Section 01620 STORAGE AND PROTECTION Part I - GENERAL 1.1 SUMMARY A. Protect products scheduled for use in the Work by means including, but not necessarily limited to, those described in this Section. B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, and Supplementary Conditions of these Specifications. 2. Additional procedures also may be prescribed in other Sections of these Specifications. L.2 QUALITY ASSURANCE A. Include within the Contractor's quality assurance program such procedures as are required to assure full protection of work and materials. ' 1.3 MANUFACTURERS' RECOMMENDATIONS I I I I I I J 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 manuthcturer's original container, with labels intact and legible. I. Maintain packaged materials with seals unbroken and labels intact until time of use. 2. Promptly remove damaged material and unsuitable items from the job site, and promptly replace with material meeting the specified requirements, at no additional cost to the Owner. B. Engineer may reject as non -complying such material and products that do not bear identification satisfactory to Engineer as to manufacturer, grade, quality, and other pertinent information. 01620 Storage and Protection.DOC 01620-1 Garver Project No. 0296-3600(2) 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. Payment will only be made for approved materials located within a secure location. 1.6 PROTECTION A. Provide the necessary care in unloading procedures to prevent damage to materials and equipment delivered to the job site. B. Provide necessary security fencing and measures to prevent damage through vandalism or theft. C. At all times safely guard Owner's property from injury or loss in connection with this Contract. At all times safely guard and protect the Work, and that of adjacent property, from damage. Furnish, maintain, and use such equipment as may be necessary to protect adjacent property from damage caused by construction equipment, dust, mud, dirt, and refuse from operations. Failure to prevent such damage shall be cause for stopping the Work until dust, mud, dirt, and refuse are controlled. Be fully responsible for safety precautions and protection until acceptance of the Work. I I I Ii I I I I D. Exercise due care to avoid damage to existing improvements or facilities, fences, building, , structures, adjacent properties, and trees and shrubs that are not to be removed. E. In the event of temporary suspension of work, or during inclement weather, or whenever Engineer shall direct, direct Subcontractors to carefully protect the Work and materials against damages or injury from the weather. 1.7 REPAIRS AND REPLACEMENTS A. In event of damage, promptly make replacements and repairs to the approval of Engineer and at no additional cost to Owner. B. Additional time required to secure replacements and to make repairs will not be considered by Engineer to justify an extension in the Contract Time. End of Section 01620 I I I I I I I I 01620 Storage and Protection.DOC 01620-2 Garver Project No. 0296-3600(2) I I II I I I I I I I Section 01630 PRODUCT OPTIONS AND SUBSTITUTIONS Part I - GENERAL 1.1 SUMMARY A. This Section describes product options available to the Contractor, plus procedures for securing approval of proposed substitutions. B. Related work: L Documents affecting work of this Section include, but are not necessarily limited to, the General Conditions, Supplementary Conditions, and the Technical Specifications sections of these Specifications. 2. Make submittals in accordance with pertinent provisions of Section 01300. 1.2 PRODUCT OPTIONS A. The Contract is based on standards of quality established in the Contract Documents. L 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. IB. Materials and/or methods specified by name: I LI I I 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. J 01630 Product Options and Subsdtutions.DOC 01630-1 Garver Project No. 0296-3600(2) I C. Where materials and/or methods are specified by name and/or model number, followed by the words "or equal": 1. The material and/or method specified by name establishes the required standard of ' quality; ' 2. Materials and/or methods proposed by Contractor to be used in lieu of materials and/or methods; 3. Information on proposed substitutions shall be submitted to Engineer in triplicate in accordance with Paragraph 6.05.A of the General Conditions. D. The following products do not require further approval except for interface within the Work: I. Products specified by reference to standard specifications such as ASTM, AWWA, and similar standards; 2. Products specified by manufacturer's name and catalog model number. E. Where the phrase "or equal," or "or equal as approved by Engineer," occurs in the Specifications, do not assume that the materials, equipment, or methods will be approved as equal unless the item has been specifically so approved for the Work by Engineer. F. The decision of Owner shall be final. 1.3 REIMBURSEMENT OF ENGINEER'S COSTS , A. In the event substitutions are proposed to Engineer after the Contract has been awarded, Engineer will record all time used by Engineer and Engineer's consultants in evaluating each such proposed substitution. B. Whether or not Engineer approves a proposed substitution, Contractor promptly upon receipt from Owner of Engineer's billing shall reimburse Owner for the charges of Engineer and Engineer's Consultants for evaluating each such proposed substitute item. 1.4 DELAYS A. Delays in construction arising by virtue of the non -availability of a specified material and/or method will not be considered by Engineer as justifying an extension of the agreed Contract Time. , End of Section 01630 , I 01630 Product Options and Substitutions.DOC 01630-2 Garver Project No. 0296-3600(2) ' Section 01700 CONTRACT CLOSEOUT Part I -GENERAL 1.1 SECTION INCLUDES A. Description of an orderly and efficient transfer of the completed Work to Owner. ' B. Expands upon requirements regarding project closeout procedures, final cleaning, adjusting, project record documents, operation and maintenance data, and warranties described to permit direct reference from individual product specification Sections. C. Related work: Documents affecting work of this Section include, but arc not necessarily limited to, the General Conditions and Supplementary Conditions of these Specifications. ' 1.2 QUALITY ASSURANCE IA. Prior to requesting inspection by Engineer, use adequate means to assure that the Work is completed in accordance with the specified requirements and is ready for the requested inspection. 1.3 PROCEDURES A. Substantial Completion: 1. Prepare and submit the list required by the first sentence of paragraph 14.04 of the ' General Conditions. 2. Within a reasonable time after receipt of the list, the Engineer will inspect the Work to determine the status of completion. 3. Should the Engineer determine that the Work is not substantially complete: a. The Engineer will so notify the Contractor, in writing, giving reasons therefore. ' h. The Contractor will remedy the deficiencies and notify the Engineer when ready for re -inspection. c. The Engineer will re -inspect the work. ' 4. When the Engineer concurs that the Work is substantially complete: a. The Engineer will prepare a "Certificate of Substantial Completion," accompanied by the Contractor's list of items to be completed or corrected, as ' verified by the Engineer. b. The Engineer will submit the Certificate to the Owner and the Contractor for their written acceptance of the responsibilities assigned to the in the Certificate. B. Final Completion: 01700 Contract Closeout.DOC 01700-1 Garver Project No. 0296-3600(2) n 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: , a. Contract Documents have been reviewed; b. Work has been inspected for compliance with the Contract Documents; c. Work has been completed in accordance with the Contract Documents; d. Equipment and systems have been tested as required, and are operational; and e. Work is completed and ready for final inspection. 4. Engineer will make an inspection to verify status of completion. 5. Should Engineer determine that the Work is incomplete or defective: a. Engineer promptly will so notify Contractor and Owner, in writing, listing the incomplete or defective work. b. Remedy the deficiencies promptly, and notify Engineer when ready for reinspection. 6. When Engineer determines that the Work is acceptable under the Contract Documents, he will request Contractor to make closeout submittals. C. Closeout submittals include, but are not necessarily limited to: ' 1. Project Record Documents. 2. Operation and maintenance data for items so listed in pertinent other Sections of these Specifications, and for other items when so directed by Engineer. 3. Warranties and Bonds 4. Specifications with recorded changes made by addenda. 5. Spare parts and materials extra stock 6. Evidence of compliance with requirements of government agencies having jurisdiction including, but not necessarily limited to: a. Certificates of Inspection; b. Certificates of Occupancy; 7. Certificates of Insurance for products and completed operations; 8. Evidence of payment and release of liens; 9. List of subcontractors, service organizations, and principal vendors, including names, addresses, and telephone numbers where they can be reached for emergency service at all times including nights, weekends, and holidays. D. Final adjustment of accounts: Submit a final statement of accounting to Engineer, showing all adjustments to the Contract Price. A final Change Order reconciling quantities installed to contract amounts will be issued. 1.4 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Remove waste and surplus materials, rubbish, and construction facilities from the site. 01700 Contract Closeout.DOC 01700-2 Garver Project No. 0296-3600(2) I I I I I I I L C. Restore areas disturbed by the Work. 1.5 ADJUSTING A. Adjust operating equipment to ensure smooth and unhindered operation. ' 1.6 PROJECT RECORD DOCUMENTS A. Maintain on site one set of the following record documents; protect from deterioration and from loss and damage until completion of the Work; record actual revisions to the Work. Do not use the record documents set for any purpose except entry of new data and for review by Engineer. • 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. L 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. I. 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: • I. 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 I. Submit the completed set of Project Record Documents to Engineer for review. 2. Participate in review meetings as required. 01700 Contract Closeout.DOC 01700-3 Garver Project No. 0296-3600(2) I 3. Make required changes and promptly deliver the final Project Record Documents to , Engineer. G. Contractor has no responsibility for recording changes in the Work subsequent to Final Completion, except for changes resulting from work performed under Warranty. 1.7 OPERATION AND MAINTENANCE DATA A. Submit three sets prior to final inspection, bound in 8-1/2 x 11 inch text pages, three ring ' capacity expansion binders with durable plastic covers. B. Prepare binder covers with printed title "OPERATION AND MAINTENANCE INSTRUCTIONS", title of project, and subject matter of binder when multiple binders are required. C. Internally subdivide the binder contents with permanent page dividers, logically organized as described below, with tab titling clearly printed under reinforced laminated plastic tabs. D. Contents: Prepare a Table of Contents for each volume, with each product or system description identified, type on 30 pound white paper. , E. Part 1: Directory, listing names, addresses, and telephone numbers of Engineer, Contractor, Subcontractors, and major equipment suppliers. F. Part 2: Operation and maintenance instructions, arranged by system and subdivided by specification section. For each category, identify names, addresses, and telephone numbers of Subcontractors and suppliers. Identify the following: I. Significant design criteria. 2. List of equipment. 3. Parts list for each component. 4. Operating instructions. ' 5. Maintenance instructions for equipment and systems. 6. Maintenance instructions for cleaning methods, materials, and special precautions identifying detrimental agents. 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. 01700 Contract Closeout.DOC 01700-4 Garver Project No. 0296-3600(2) 1.8 WARRANTIES A. Provide duplicate notarized copies. B. Execute and assemble documents from Subcontractors, Suppliers, and manufacturers. C. Provide Table of Contents and assemble in three ring binder with durable plastic cover. D. Submit prior to final Application for Payment. E. For items of Work delayed beyond date of Substantial Completion, provide updated submittal within ten (10) days after acceptance, listing date of acceptance as start of warranty period. 1.9 SPARE PARTS AND MAINTENANCE MATERIALS A. Provide products, spare parts, maintenance and extra materials in quantities specified in individual specification Sections. B. Deliver to Project site and place in location as directed; obtain receipt prior to final payment. 1.10 INSTRUCTION A. Instruct Owner's personnel in proper operation and maintenance of systems, equipment, and similar items which were provided as part of the Work. Part 2- PRODUCTS Not Used Part 3 - EXECUTION Not Used End of Section 01700 01700 Contract Closeout.DOC 01700-5 Garver Project No. 0296-3600(2) fl SECTION 02100 - SITE PREPARATION I I L I I I 1I L I I I L I 7 I PART I- GENERAL 1.1 SUMMARY A. This Section includes the following: 1. Utilities. 2. Existing Improvements. 3. Protection of Existing Trees. 4. Clearing and Grubbing 5. Disposal of Waste Materials 6. Topsoil Stripping. 1.2 RELATED WORK A. Section 02161 — Trench Excavation and Safety 1.3 GENERAL. A. The Contractor shall clear a construction right-of-way as narrow as possible and avoid unnecessary removal or damage to the trees, shrubs, and other landscaping. B. The Contractor shall not remove or disturb any vegetation except that required for the execution of the work. The Contractor shall limit all his operations to the areas of the permanent and temporary easements; therefore, any/all damage to vegetation done by the Contractor outside these areas shall be repaired at his own expense and to the satisfaction of the Owner and the affected property owner. C. Where the presence of livestock, pets or other conditions exist that require continuous confinement, the Contractor shall construct temporary fencing adequate to contain such Iivcstock, etc. D. The area of construction shall be kept clean and welt maintained with special emphasis given to the area of lawns and maintained grass areas. Construction debris, paper, trash, and other items shall be picked up at the end of each clay's construction work. Restoration work shall be done each day as the applicable sewer main work is completed to the extent that driveways, access roads, etc. are usable. Whether temporary or permanent, the daily restoration work shall be approved by the Owner. .4 PROJECT CONDITIONS A. Authority for performing removal and alteration work on property adjoining permanent or temporary construction easements, or properties to which the Owner has no legal rights, will be obtained by Contractor prior to beginning work. 1.5 EXISTING SERVICES A. Indicated locations are approximate; detennine exact locations before beginning work. B. Arrange and pay for disconnecting, removing, capping, and plugging utility services. Notify affected utility companies in advance and obtain approval before starting this Work. C. Place markers to indicate location of disconnected services. Identify service lines and capping locations on Project Record Documents. 02100 -Site Prcparation.doc 02100-1 Garver Project No. 0296-3600(2) SECTION 02100 - SITE PREPARATION (continued) I PART 2- PRODUCTS NOT USED PART 3- EXECUTION 3.1 3,2 3.3 GENERAL A. Before beginning Site Preparation operations, call the Arkansas One -Call system at 1- 800-482-8998 and/or the utility owner (if not a member of the One -Call service). Allow at least two working days advance notification. MAINTENANCE OF TRAFFIC I 7 L7 A. Conform to the requirements of City of Fayetteville Standard Waterline Specifications I and to the latest revision to the Federal Highway Administration's Manual on Uniform Traffic Control Devices.. UTILITIES A. The location and/or elevation of existing utilities as shown on the Drawings are based on information provided by others. The information is not to be relied on as being exact or complete. Call the Arkansas One -Call system at 1-800-482-8998 and/or the utility owner (if not a member of the One -Call service), at least two working days before any excavation to request exact field location of utilities. B. Protect utilities encountered during excavation. C. All existing water or sewer services are to remain active until the new lines are put into service. If an existing service line interferes with the installation of a new water or sewer line such that the planned grade and alignment of the new line cannot be met, the contractor shall provide a temporary service line for the continuation of service. At the beginning of this project, in advance of any construction, the Contractor shall coordinate with the Owner and the Engineer to establish routes of temporary service lines. Connection of the temporary service lines to existing lines shall also be coordinated such that shutdown time of the existing service will be minimal. D. All temporary service lines, fittings, and appurtenances shall be constructed of materials approved by the Owner and shall be of sufficient length and location to permit installation of the new service line. Temporary lines may be routed through existing driveway culverts if approved by the Owner. All temporary service lines shall be maintained in safe and operational condition until the new service line enters service. All other aspects of materials and construction of temporary service lines, including cutting, plugging and blocking the existing lines, shall conform to the plans and specifications pertaining to the permanent service lines for this project. E. After the new service line enters service, all piping materials and valves, fittings, etc. Used for temporary service lines shall be removed and shall remain the property of the Contractor. All open trenches shall be properly backfilled and compacted as approved by the Engineer. F. If utilities are damaged or utility service is interrupted by work under this section, the utility owner has the first right to repair. If public health or safety is at risk, Contractor shall take appropriate, prudent action to repair damage and service interruption. Costs of utility protection and repair shall be borne by the Contractor. I I IJ I I I I I I I I G. If existing utilities are found to interfere with the permanent facility being constructed, notify the Engineer for instructions. 02100 -Site Preparation.doc 02100-2 Garver Project No. 0296-3600(2) , SECTION 02100 - SITE PREPARATION (continued) ' H. Do not proceed with permanent relocation of utilities without written instructions from the Engineer. '• 3.4 PROTECTION OF EXISTING TREES A. Trees, shrubs, or other items shall not be removed or damaged by the Contractor without specific authorization from the Owner for each item. The Contractor shall ' remove from the area and properly dispose of all trees, stumps, limbs, piles of excess excavation, or any other items removed so as to allow construction. B. Protect trees designated to remain. 1. Erect suitable barrier around trees, as approved by Owner. ' 2. Do not allow heavy pedestrian or any vehicular traffic over the root zone of trees to be saved. 3. Do not place construction materials or stockpiles within the tree drip line. ' C. Water trees and other vegetation indicated to remain as required to maintain their health during course of construction operations. ID. Provide protection for roots over 1-1/2 inch in diameter that are cut during construction operations. Coat cut faces with emulsified asphalt or other acceptable coating formulated to use on damaged plant tissues. Temporarily cover exposed roots with wet burlap to prevent roots from drying out; cover with earth as soon as possible. E. Repair or replace trees and vegetation indicated to remain that are damaged by construction operations in a manner acceptable to the Engineer. Employ a licensed ' arborist to repair damage to trees and shrubs. F. Replace trees that cannot be repaired and restored to full -growth status, as determined by City's Landscape Administrator. ' 3.6 CLEARING AND GRUBBING: A. After tree protection barricades are installed, remove all trees, shrubs, grass, or other ' vegetation, improvements, and obstructions that interfere with new construction unless otherwise indicated on the drawings.. B. Completely remove stump, roots, and other debris protruding through ground ' surface. C. Cut minor roots and branches of trees indicated to remain in a clean and careful ' marincr where such roots and branches obstruct installation of new construction. D. Use only hand -methods for grubbing inside drip line of trees indicated to remain. ' E. Fill depressions caused by clearing and grubbing operations with satisfactory soil material, unless further excavation or earthwork is indicated. F. Place fill material in horizontal layers not exceeding 6 inches loose depth, and ' thoroughly compact each layer to a density equal to adjacent original ground. G. Removal of Improvements: Remove existing above -grade and below -grade improvements as indicated and as necessary to facilitate new construction. ' 3.7 DISPOSAL OF WASTE MATERIALS A. Burning of material shall only be done when allowed by local authorities. ' B. When allowed, the burning shall be done in accordance with all applicable local, 02100 -Site Preparation.doc 02100-3 Garver Project No. 0296-3600(2) SECTION 02100 - SITE PREPARATION (continued) state, and federal regulations. C. When perishable material is burned, it shall be under the constant care of a competent watcher. D. Burning shall be accomplished at such times and in such manner that the surrounding vegetation, adjacent property, or anything designated to remain on the project site will not be jeopardized. E. Contractor shall cease all burning operations when Federal, State, or local government agencies declare that meteorological conditions are unsuitable for burning. Contractor may resume burning operations when conditions are again suitable for burning. Li I I I F. Unless allowed otherwise by regulatory authorities, materials to be burned will be placed in an incineration pit and an acceptable forced air device shall be used that will minimize the emission of smoke, fly ash, or other pollutants. This device shall be constructed so that the forced air is directed over the fire by the use of plenums or ducts. Open fans or mulch blowers are not acceptable and will not he allowed for burning operations. G. Contractor shall comply with all Federal, State, County, and local laws, regulations, , or ordinances applicable to the disposal of clearing and grubbing material. Under no circumstances will the airborne emission of live sparks or burning debris be allowed from the burning operations. H. Materials and debris that cannot be burned shall be removed from the construction limits and disposed of as directed by Engineer. Any extra costs incurred by Contractor in obtaining disposal sites, hauling, and final cleanup will be at Contractor's expense. 3.8 TOPSOIL STRIPPING A. Topsoil is defined as friable clay loam surface soil found in a depth of not less than 4 inches. B. Satisfactory topsoil is reasonably free of subsoil, clay lumps, stones, and other ' objects over 2 inches in diameter, and without weeds, roots, and other objectionable material. , C. Strip topsoil to whatever depths encountered in a manner to prevent intermingling with underlying subsoil or other objectionable material. Remove heavy growths of grass from areas before stripping. D. Where existing trees are indicated to remain, leave existing topsoil in place within drip lines to prevent damage to root system. E. Stockpile topsoil in storage piles in areas indicated or directed. Construct storage ' piles to provide free drainage of surface water. Cover storage piles, if required, to prevent wind erosion. F. Dispose of unsuitable or excess topsoil as specified for disposal of waste material. END OF SECTION 02100 [1 I 02100 -Site Preparation.doc 02100-4 Garver Project No. 0296-3600(2) ' ISECTION 02161 — TRENCH EXCAVATION AND SAFETY PART 1 -GENERAL 1.1 SECTION INCLUDES A. This section covers the trench and excavation safety system required for constructing improvements that necessitate open excavations on the project. All work under this item shall be in accordance with the current edition of the OSHA Standard for Excavation and Trench Safety Systems, 29 CFR 1926 Subpart P. 1.2 RELATED SECTIONS ' A. Contract Documents • ' 1.3 REFERENCE STANDARDS A. 29 CFR 1296 Subpart P -Occupational Safety and Health Standards — Excavations ' 1.4 NOTIFICATION REOUIRED A. The Contractor, before beginning any excavation, shall notify the State Department of ' Labor (Safety Division) that work is commencing on a project which has excavations five feet deep or deeper. The Contractor shall provide written documentation of the notification to the Owner. ' B. The Contractor shall notify all utility companies and owners in accordance with the OSHA requirements given in 29 CFR 1926.651(b)(2) for the purpose of locating utilities and underground installations. 1.5 EXISTING STRUCTURES AND UTILITIES A. Where the trench or excavation endangers the stability of a building, wall, street, highway, utilities, or other installation the Contractor shall provide support systems such as shoring, bracing, or underpinning to ensure the stability of such structure or utility. B. The Contractor may elect to remove and replace or relocate such structures or utilities 'with the written approval of the Utility and the Owner. PART 2- MATERIALS Not Applicable ' PART 3- EXECUTION Not Applicable END OF SECTION 02161 ' 02161 -trench excavation and safety.doc 02161-1 Garver Project No. 0296-3600(2) 7 H SECTION 02200 - EARTHWORK FOR STRUCTURES IPART 1 -GENERAL 1.1 SECTION INCLUDES ' A. Excavation, embankment, backfilling and grading required for structures, includes, but is not necessarily limited to the following: I1. Excavation for footings, foundations, manholes and other structures. 2. Structure backfill. ' 3. Controlled fill. 4. Embankments and site grading. 1.2 GENERAL A. Except for undercut, all excavation is unclassified and includes excavation of all materials encountered and shall be subsidiary to other items. B. Overexcavation, whether by Contractor's negligence or at direction of the Engineer, shall be repaired to required lines and grades. IC. Provide and install trench bracing and shoring that conforms to the requirements of 29 CFR Part 1926 Subpart P of the OSHA Standards. Bracing shall be so arranged as not to place any strain on portions of completed work until the construction has proceeded far enough to provide ample strength. ' 1.3 UTILITIES A. Contractor shall call "ARKANSAS ONE CALL" two working days before starting ' excavation. The ONE CALL phone number is 1-800-482-8998. B. The location and/or elevation of existing utilities as shown on these plans 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. The Contractor must call each utility owner at least two working days before any ' excavation to request exact field location of utilities. C. Protect utilities encountered during excavation. D. Do not interrupt service in utilities encountered during excavation without approval of ' the utility owner. E. If utilities arc damaged or utility service is interrupted by work under this section, the ' utility owner has the first right to repair. If public health or safety is at risk, Contractor shall take appropriate prudent action to repair damage and service interruption. Costs of utility protection and repair shall be at no additional cost to the Owner. IF. If existing utilities are found to interfere with the permanent facility being constructed, notify the Engineer for instuctions. Do not proceed with permanent relocation of utilities without written instructions from the Engineer. 1.4 RELATED SECTIONS: A. Section 02100- Site Preparation ' B. Section 02161 — Trench Excavation and Safety I022u0-mnhwork for stivctmcs 02200- 1 Garver Project No. 0296-3600(2) I SECTION 02200 — EARTHWORK FOR STRUCTURES (continued) ' C. Section 02223 — Explosives and Blasting 1.5 QUALITY ASSURANCE A. Testing laboratory: 1. Soil compaction testing and other required testing will be performed by a testing laboratory selected by the Owner. See Section 00700 — General Conditions, paragraph 13.03. 2. Frequency of testing and location of tests shall be determined by the Owner's representative and testing laboratory personnel to assure compliance with , specification requirements. B. Standards: (Tests shall comply with the latest revisions) 1. ASTM C136, Sieve or Screen Analysis of Fine and Coarse Aggregates. ' 2. ASTM D2922, Density of Soil in Place and Soil Aggregate in Place by Nuclear Methods. , 3. ASTM D1557, Moisture Density Relations of Soils and Soil -Aggregate Mixtures. 4. ASTM D2487, Classification of Soils for Engineering Purposes. C. Compliance: 1. Contractor shall correct all deficiencies disclosed by test results promptly. ' 1.6 PROTECTION OF WORK A. Protect materials and preserve specification requirements in previously accepted materials. B. Remove and replace all materials that do not meet specification requirements. C. Control dust or mud that may interfere with operations or become a nuisance to the ' surrounding area. 1.7 LINES AND GRADES A. Excavations and embankments shall be constructed to the lines and grades indicated unless otherwise directed. B. Final grades shall be within 1/2 inch of indicated elevations. Horizontal alignments shall be within 3 inches of theoretical location but, in no case, shall be less than design location and dimension. C. Finished surfaces shall be bladed and aligned to drain and to present a neat and uniform appearance. 1.8 LIMITS OF EXCAVATION , A. Excavation shall extend a sufficient distance from any manhole walls or other structures to allow for placing and removing forms, installation of piping, and for inspection. Excavation shall not exceed the width of any permanent and temporary easements provided to the Contractor. 02200 -earthwork fm atmctura 02200 - 2 Garver Project No. 0296-3600(2) , Ii SECTION 02200- EARTHWORK FOR STRUCTURES (continued) ' PART 2 - MATERIALS 2.1 GENERAL, A. Fill materials shall be obtained from excavated materials or approved borrow sources. B. Fill material shall be tree of trash, debris, cinders, organic matter or other deleterious materials. C. All fill materials shall be subject to the Engineer's approval. 2.2 FILL MATERIALS ' A. Controlled structural fill material: L Soil fill material shall be clay soils of medium to low plasticity (CL) non -frost '• susceptible, with a liquid limit less than 45 percent, a plasticity index less than 20 and containing less than 10 percent shale, or rock particles larger than 6 inches in any dimension. 2. Crushed stone shall be AHTD Class 1, 2, or 7. B. Non-structural fill material: ' I . Non-structural fill material may be clay soils of medium to low plasticity (Cl. or ML), non -frost susceptible soils excavated from site or borrow area. 2.3 OTHER MATERIALS ' A. Materials not specifically described above, but required for construction, or proposed substitutions for materials described above, shall be submitted to the Engineer for U. approval prior to incorporation into the work. PART 3- EXECUTION ' 3.1 GENERAL A. Except for undercutting directed by the Engineer, all excavation is unclassified and ' includes excavation of all materials encountered and shall be subsidiary to other items. Overexcavation, whether caused by Contractor's negligence or as directed by ENGINEER, shall be repaired to required lines and grades. In. Excavated materials not suitable for backfill or embankment shall not be incorporated into the project but shall be disposed of by Contractor. C. In general, the sheeting and bracing shall be removed as the excavation is backfilled, and in such a manner as to avoid the caving in of the bank or disturbance of adjacent areas or structures. The voids left by the withdrawal of sheeting shall be backfilled the same as trench excavations. ' D. Stockpile satisfactory materials for reuse. Stockpiles shall not extend to within the drip line of trees and shall be graded to allow for proper drainage. Surplus materials shall be disposed of at Contractor's expense or as approved by Engineer. ' E. Prior to backfrlling or construction of embankment, manipulate materials, by aeration or wetting, to attain + 3% of the optimum moisture content as determined by ASTM ' O1557. ' 022011 -earthwork Vor :uucturasdoc 02200 - 3 Garver Project No. 0296-3600(2) C SECTION 02200 - EARTHWORK FOR STRUCTURES (continued) F. Place acceptable materials in layers not more than 12 inches loose depth for materials compacted by heavy equipment and not more than 8 inches loose depth for materials compacted by hand equipment. G. Grade to within 1/2 inch above or below required subgrade and within a tolerance of 1/2 inch in 10 feet. H. Protect newly graded areas from traffic and erosion. Recompact and regrade settled, disturbed and damaged areas as necessary to restore quality, appearance, and condition of work. I. Control erosion and wind blown dust. Dispose of waste and unsuitable materials off site in a legal manner. H I I I I Care shall be taken during excavation and construction of the structures to minimize disturbance to the bearing soils. The base of all excavations shall be free of water and ' loose soil prior to placing concrete. Concrete shall be placed as soon as possible after excavation. 3.2 EXCAVATION FOR STRUCTURES A. Perform all excavation to the dimensions and elevations indicated. B. Do not excavate below elevations or depth indicated unless directed by the Engineer. Where excavations are made below indicated depths or elevations without authorization, the excavation shall be restored to the proper grade with lean concrete at Contractor's expense. C. Excavations shall extend a sufficient distance from walls and footings to provide room for forms, installation of services, and inspection. Footings or walls shall not be poured directly against excavated surfaces. D. All existing structures, foundations, or other subsurface structures, along with any poorly compacted fill, within the structure construction limits shall be removed to a minimum distance of 5 -feet outside the structure limits. E. Approved overexcavation, as directed by the Engineer, shall extend to the underlying natural lean clay soils or as directed by Engineer. Any low density, soft or unsuitable material shall be removed. F. When rock is encountered, excavate to an elevation 9 inches below the pipe. G. Equipment and excavated materials are to be placed a sufficient distance away from the excavation limits so as to not cause soil disturbance. Areas around excavation shall be graded to keep surface water from entering the excavation. FL Backfilling of structures shall not proceed until the work is inspected and accepted by the Engineer. 3.3 SUBGRADE PREPARATION AND STABILIZATION A. Subgrades for concrete structures, floor slabs, footings, and pavements shall be firm, dense, and properly compacted in accordance with applicable specification requirements. All subgrades shall be sufficiently stable to remain firm and intact under construction traffic. B. Excessively dry subgrades shall be scarified and moistened to within optimum limits 02200 -earthwork for structundoe 02200 - 4 Garver Project No. 0296-3600(2) I I I I I I I I H I I H I I I I L. I I I I I C I I I I n I I SECTION 02200 - EARTHWORK FOR STRUCTURES (continued) and recompacted prior to placement of footings, slabs or pavements. C. Subgrade soils that are excessively wet and mucky are to be removed. Free draining crushed stone or gravel shall be used to bring the subgrade to grade. This material shall be compacted as it is placed. D. Prior to placement of till material, the subgrade shall be scarified to a depth of 8 inches and recompacted to at least 95 percent of maximum density as determined by ASTM D1557. Areas which cannot be recompacted to this degree shall be undercut and replaced with stable material. Care shall be taken to maintain the prepared condition of the subgrades prior to construction. If the subgradcs become saturated, frozen, or disturbed, they shall be reworked prior to construction. 3.4 BACKFILL FOR STRUCTURES A. Backfill structures only after concrete has attained design strength based on laboratory results from concrete cylinder breaks. B. Remove all forms, trash, debris and other unsuitable materials before baekfitling. C. Soil backfill shall be placed in loose layers not exceeding 8 inches in depth and compacted by mechanical tampers or rollers. D. Pervious backfill shall be placed in level layers with a loose depth not exceeding 8 inches. Compact with vibratory rollers or vibrating plate compacting equipment adequate to reach specified density with a reasonable number of passes. Flooding or jetting to compact pervious backfill is prohibited. Protect structures from damage due to excessive vibration. E. Backfilling and construction of fills and embankments during freezing weather shall not he permitted except by permission of the Engineer. No backfill, fill, or embankment materials shall be installed on frozen surfaces nor shall frozen materials, snow or ice be placed in any backfill, fill or embankments. 3.5 EMBANKMENTS AND AREA FILL A. All areas to receive compacted fill shall be stripped of topsoil, organic or excessively wet soil, or other unsuitable soils prior to placing fill. Stockpile topsoil and other usable materials for reuse in final site grading. B. Place approved fill materials in uniform layers not exceeding 8 inches in loose thickness. Compact with suitable equipment to a minimum of 95 percent of maximum density as determined by ASTM D 1557. C. After final finish rolling and blading, the surface shall be smooth and even and conform to the indicated lines and grades within specified tolerances. 3.6 FILL UNDER PIPE. STRUCTURES. FOOTINGS. AND SLABS A. All areas to receive compacted fill shall be stripped of topsoil, organic or excessively wet soil, or other unsuitable soils prior to placing fill. Stockpile topsoil and other usable materials for reuse in final site grading. B. Soil material shall be placed in layers not exceeding 8 inches in depth and compacted by mechanical tampers or rollers to a minimum of 98 percent of maximum density as determined by ASTM D1557. 02200-e uthwork for sm etwt's.doc 02200 - 5 Garver Project No. 0296-3600(2) H SECTION 02200 - EARTHWORK FOR STRUCTURES (continued) C. Pervious material shall be placed in level layers with a loose depth not exceeding 6 inches. Compact with vibratory rollers or vibrating plate compacting equipment adequate to obtain density specified above. Flooding or jetting to compact pervious fill is prohibited. Protect structures from damage due to excessive vibration. 3.7 BORROW MATERIAL A. If borrow material is required, the Contractor shall supply this material from an off -site borrow area. Testing of, access to, development of, and restoration of any borrow areas shall be at the Contractor's expense. Prior to incorporation into the project, the borrow materials shall be approved by the Engineer. B. Soils showing high swell potentials will not be approved. 3.8 DRAINAGE , A. Control grading in vicinity of excavations to prevent surface drainage into the excavation. B. Provide for the immediate removal of surface drained or ground water from excavations by pumping from sumps or other appropriate means. C. Excavations shall be kept dry during subgrade preparation and continually thereafter until construction is complete, to the extent that no damage from hydrostatic pressure, flotation or other causes will result. 3.9 BLASTING A. Blasting will not be permitted except as approved by Owner and Engineer and as specified in Section 02161 — Trench Excavation and Safety and Section 02223 — Explosives and Blasting. 3.10 DISPOSAL A. Unsuitable or extra excavated material shall be disposed of off -site of the work by and at the expense of the Contractor. Disposal shall be the sole responsibility and at the sole expense of the Contractor. B. Protection of subgrade: , The Contractor shall protect the subgrade by not allowing delivery vehicles of excess weight thereon and by varying the path of delivery vehicles so as to not cause excessive rutting. Heaving or rutting damage to subgrade caused by delivery vehicles during paving operations shall be immediately repaired and brought back to specified elevation prior to placing concrete base or pavement. 3,11 CLEANUP A. Remove all rubbish, trash, debris, stones, concrete waste, crushed rock, sand pockets, and all other undesirable materials from site and further conform to the requirements of City of Fayetteville Standard Specifications for Waterline Construction. END OF SECTION 02200 L 02200 -earthwork for shucturcs.doc 02200 -6 Garver Project No. 0296-3600(2) ' C SECTION 02223 - EXPLOSIVES AND BLASTING PART 1 -GENERAL 1.1 SCOPE A. This section includes the use of explosives in excavation. 1.2 RELATED WORK A. Section 02100 - Site Preparation B. Section 02161 — Trench Excavation and Safety C. Section 02200 — Earthwork for Structures D. Section 02229 - Rock Removal ' 1.3 REFERENCE STANDARDS ' A. NFPA 495 - Code For Explosive Materials 1.4 ENVIRONMENTAL REQUIREMENTS ' A. Determine all environmental effects associated with proposed work and safeguard those concerns as regulated by law and all others by reasonable and practiced methods. C C I I 1.5 USE OF EXPLOSIVES A. Blasting or use of explosives shall not be permitted without express approval of the Owner and conformance with the applicable sections of all state, federal, and local safety codes. The Contractor shall obtain all permits or other documentation required by appropriate authorities. The Contractor shall obtain and keep on job site one copy of blasting regulations required by the appropriate authority, be it local, State, or Federal. A. Blasting for excavation will be permitted only after the Contractor secures the approval of the applicable authority and only when proper precautions arc taken for the protection of persons and property. Blasting shall be done with light charges such that no damage will occur to adjacent facilities. The Contractor shall, at his own expense, repair any damage caused by blasting. Blasting procedures shall conform to federal regulations, local and state laws, and municipal ordinances. The Contractor shall have blasting insurance coverage and shall provide a copy of the in -force policy to the Owner prior to the use of any explosives. 1.7 QUALIFICATIONS A. Blasting contractor shall submit documentation of prior experience to the Engineer before commencing blasting operations. The documentation shall include at least three projects comparable to this project and shall include, but shall not be limited to: 02223 -explosives and blasting.doc 02223-1 Garver Project No. 0296-3600(2) H SECTION 02223 - EXPLOSIVES AND BLASTING (continued) 1. Project name, location, and description. ' 2. Volume, width, depth, and description of rock removed. 3. Description of techniques, measuring devices, and materials used and size of resultant shot -rock. 4. Proximity to residential or commercial structures. ' 5. Legal claims made against blasting contractor and disposition or resolution of claim. 6. Name, address, and telephone number of representative of owner of each described project who will verify documentation. 1.8 SUBMITTALS A. Section 01300 - Submittals: Procedures for submittals. B. Shop Drawings: Indicate the proposed method of blasting, delay pattern, explosive types, type of blasting mat or cover, and intended rock removal method. PART2-PRODUCTS , 2.1 EXPLOSIVES A. Explosives required for blasting shall be of a suitable character, and the quantity kept on ' the job and the storage of same shall be in accordance with State laws, and County and local ordinances. The magazine or locker shall be so constructed as to be secure from theft and kept locked at all times with the key in possession of Contractor or foreman. Proper appliances and equipment shall be used for thawing frozen dynamite and this shall not be done within 200 feet of work or any occupied building. ' 2.2 MATERIAL REMOVED BY BLASTING A. All blasted material shall be less than 24 inches in any dimension. Material shall be blasted , free to the lines and grades as indicated in the construction documents. Contractor shall be responsible for hauling and disposal of blasted material at no additional cost to Owner. PART 3- EXECUTION 3.1 GENERAL A. Exercise the utmost care not to endanger life or property, including new work. Comply ' with all laws and ordinances regarding the use of explosives. Contractor is responsible for any and all damage resulting from the use of explosives. 02223 -explosives and blasting.doc 02223-2 Garver Project No. 0296-3600(2) , SECTION 02223 - EXPLOSIVES AND BLASTING (continued) 3.2 STORAGE AND TRANSPORTATION IA. All explosives shall be stored in a secure manner in compliance with all laws and ordinances, and all such storage places shall be clearly marked. Where no local laws or ordinances apply, storage shall be provided satisfactory to Engineer and in accordance with ' the Occupational Safety and Health Act (OSHA) regulations as defined in the Federal Register, but not closer than 200 feet from any road, building, or camping area or place of human occupancy. No explosives or caps shall be stored in the common toolbox. B. Observe all local, state, and federal laws in purchasing, handling, and transporting explosives. 'transportation, handling, storage, and use of dynamite and other explosives shall be directed and supervised by a person of proven experience and ability in blasting operations and who meets the requirements of applicable regulations and is certified for such work. ' 3.3 NOTICI: TO UTILITIES A. Notify all public utility companies having structures in proximity to the site of the work of ' any intention to use explosives. Such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Contractor is solely responsible for providing any such notification. ' 3.4 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE IA. Preserve public and private property, and protect, from disturbance or damage, or reference and reestablish all land monuments and property marks. B. Contractor shall be solely responsible for all damage or injury to property of any character: I. during the prosecution of the work, resulting from any act, omission, neglect, or misconduct in the manner or method of executing the work, or 2. at any time, due to defective work or materials. IC. Said responsibility will not be released until the project shall have been completed and accepted by the Program Manager, Engineer and the Owner. ID. Should it become evident that any item is in conflict with the proposed work, notify Engineer so that proper steps can be taken to adjust, remove, or otherwise eliminate the conflict. ' E. Do not create a public nuisance while performing the various operations of the work. Excessive noise, between the hours of 10 p.m. and 6 a.m., and airborne dust resulting from ' blasting operations will be considered by Owner to be a public nuisance. Operations resulting in excessive noise will be limited to between the hours of 6 a.m. and 10 p.m. F. When or where any damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work, or in ' 02223 -explosives and blasting.doc 02223-3 Garver Project No. 0296-3600(2) SECTION 02223 - EXPLOSIVES AND BLASTING (continued) ' consequence of the lack of execution thereof, the Contractor will restore, or bear the expense of restoring, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directed, or shall make good such damage or injury in an acceptable manner. Failure to do so within a reasonable period of time will constitute noncompliance and Owner may cause the entire cost of the restoration to be deducted from moneys due or to become due on the Contract, 3.5 BLASTING OPERATIONS A. The Contractor shall handle explosives in a safe manner and will be totally responsible for any damages resulting from the use of explosives. The Contractor shall obtain the services of a qualified seismic consultant prior to any blasting to mitigate damage to structures, property, springs, or other natural features due to vibration or shock. The seismic consultant shall provide and operate seismic monitoring equipment in areas where structures, springs, or other natural features may be affected during the use of any explosives, and shall provide to the Engineer a report describing the vibrations and forces which were exerted in the areas described above during blasting. B. Where traffic must be maintained in the vicinity, take precautions to protect the public , during blasting operations. This includes the proper use of signage along roadways in the vicinity of the blasting operations. Comply with Federal, State, and local laws and regulations pertaining to the storage and use of explosives. END OF SECTION 02223 ' I I I I I 02223 -explosives and blasting.doc 02223-4 Garver Project No. 0296-3600(2) I I I I I 1 I I I 1 I SECTION 02229 - ROCK REMOVAL PART I - GENERAL 1.1 GENERAL A. The use of explosives is only to be allowed if approved by Owner. 1.2 SECTION INCLUDES A. Removal of rock anticipated or discovered during excavation. B. Use of Explosives to aid in removal of rock. C. Disposition of removed rock. 1.3 RELATED SECTIONS A. Section 02100 - Site Preparation B. Section 02161 — Trench Excavation and Safety C. Section 02200 — Earthwork For Structures D. Section 02223 - Explosives and Blasting 1.4 REFERENCE STANDARDS A. NFPA 495 - Code for Explosive Materials 1.5 ENVIRONMENTALREOUIREMENfS A. Determine all environmental effects associated with proposed work and safeguard those concerns as regulated by law and all others by reasonable and practiced methods. 1.6 SUBMITTALS A. As specified in Section 02223 - Explosives and Blasting. PART 2- PRODUCTS 2.1 MATERIALS See Section 02223 — Explosives and Blasting. PART 3- EXECUTION 3.1 PREPARATION 02229 -Rock Removal.doc #433 Garver Project No. 0296-3600(2) I SECTION 02229 - ROCK REMOVAL (continued) A. Verify site conditions and note subsurface conditions affecting work of this section. B. Identify required lines, levels, and elevations that will determine the extent of the proposed removals. 3.2 ROCK EXCAVATION A. Cut rock to form level bearing at bottom of trench. In utility trenches, excavate to 9" below bottom of pipe. When excavating for a structure or expansion of a structure, remove shattered layers to provide a sound base for footings or foundations. Reuse excavated materials on -site in accordance with Section 02200, if applicable. B. Comply with all laws, rules, and regulations of Federal, State and local authorities and insurer which govern storage, use, manufacture, sale, handling, transportation, licensing, or other disposition of explosives. Take special precautions for proper use of explosives to prevent harm to human life and damage to surface structures, all utility lines, or other subsurface structures. Do not conduct blasting operations until persons in vicinity have had ample notice and have reached positions of safety. C. Contractor shall hold harmless Owner, Engineer, and Program Manager from any claim growing out of use of such explosives. Removal of materials of any nature by blasting shall be done in such a manner and such time as to avoid damage affecting integrity of design and to avoid damage to any new or existing structure included in or adjacent to work. It shall be Contractor's responsibility to determine method of operation to ensure desired results and integrity of completed work. D. Perform rock excavation in a manner that will produce material of such size as to permit it being placed in embankments in accordance with Section 02200. Remove rock to limits as indicated. Remove loose or shattered rock, overhanging ledges and boulders which might dislodge. E. Use lean concrete or suitable materials to replace rock overblast or over excavation in any building area or in any expansion area to facilitate placement of utilities and future footings. END OF SECTION 02229 I 11 I E I I I S I I I I 02229 -Rock Removal.doc 02229-2 Garver Project No. 0296-3600(2) ' I I SECTION 02314 - STEEL ENCASEMENT PIPE/CARRIER PIPE INSTALLATION PART 1- GENERAL 1.1 SCOPE A. This section consists of constructing steel encasement pipe and installing water or sanitary sewer line within the encasement in accordance with these specifications and in conformity with the lines and grades and locations shown on the Plans. 1.2 RELATED SECTIONS A. Section 02161 —Trench Excavation and Safety 1 B. Section 02223 — Explosives and Blasting C. Section 02229 — Rock Removal D. Section 02600 — Pipelaying E. Section 02622 — PVC Solid Wall Sewer Pipe F. City of Fayetteville Standard Specifications for Waterline Construction 1.3 OUALITY ASSURANCE 1 A. Compare the elevation of each end of the steel casing to the planned elevation. 1.4 REFERENCE STANDARDS A. American Society for Testing and Materials (ASTM) latest edition. • ASTM A139 —Electric -Fusion (Arc) -Welded Steel Pipe (NPS 4 and Over) B. American Water Works Association (AM/WA) latest edition. AWWA C206 — Field Welding of Steel Water Pipelines 1.5 SUBMITTALS A. Section 01300- Submittals: Procedures for submittals. B. Certificates: Certify that steel encasement pipe meets or exceeds specified requirements. Ii I I I I PART2- - MATERIALS 2.1 CASING A. Steel encasement pipes for this project shall be of the diameter(s) shown on the Plans except that it shall be the Contractor's sole responsibility to ensure that the casing spacers he proposes to use (if any) are compatible with the inside diameter of the encasement pipe shown on the plans. The steel encasement pipe shall be smooth wall, welded steel pipe conforming to the latest requirements of ASTM A139 (Grade B) and shall be furnished in minimum lengths of 20 feet with no mid -welds. No spiral pipe shall be allowed. The exterior of the steel encasement pipe shall be coated with a minimum of 1.5 mils of red iron oxide. B. The Contractor shall furnish and install encasement pipe of ample wall thickness to withstand all structural loading of whatever nature due to the site and/or soil conditions and the method of installation. All encasement pipe shall be new. Used pipe shall not 02314 -steel encascinent pipe and carrier pipe installation 02314-1 Garver Project No. 0296-3600(2) I SECTION 02314 - STEEL ENCASEMENT PIPE/CARRIER PIPE INSTALLATION (continued) 2.2 2.3 be allowed. The minimum wall thickness for the various nominal diameters shall be as follows: Carrier Pipe (in.) Minimum Encasement Pipe (in.) Minimum Wall Thickness (in.) 4-6 12 1/4 8 16 1/4 12-16 24 1/4 18 30 5/L6 20 36 5/16 24 36 5/16 30 42 7/16 36 48 1/2 42 54 9/16 48 60 9/16 54 66 5/8 C. Wall thickness of 24" and larger diameters will be by special design unless specified herein. D. Use of the minimum wall thickness shall not relieve the Contractor from any responsibility to provide an acceptable installation of the encasement pipe to the line and grade and all other stipulations required by the Plans or specified herein. CASING SPACERS A. Shall be of galvanized or stainless steel or plastic and shall be designed for the specific application and size for which it is proposed. B. Shall be designed so that no slippage occurs during installation of carrier within the encasement pipe and that no damage results to the encasement pipe, the casing spacer, or the carrier pipe during or after installation. C. Bearing surfaces shall be constructed of material with high abrasion resistance and a low coefficient of friction. D. Shall be designed so that the clearance between the pipe bell and the encasement pipe will be no less than''/. -inch. E. Shall be designed so adjustments can be made to ensure that the grade of the carrier pipe conforms to design grade in the event the grade of the encasement pipe does not conform to design grade. F. Shall be designed to restrain movement of carrier pipe within casing. G. Shall be Cascade Model CCS-ER or approved equal. H. Horizontal spacing of casing spacers shall be as recommended by manufacturer and approved by Engineer. CASING END SEALS I H I I I I I L I I I I 02314 -steel encasement pipe and carrier pipe installation 02314-2 Garver Project No. 0296-3600(2) 1 I SECTION 02314 - STEEL ENCASEMENT PIPE/CARRIER PIPE INSTALLATION (continued) A. Shall be of a synthetic material that is designed for the specific application. B. Shall be secured to the encasement pipe and the carrier pipe with stainless steel bands. ' C. Shall be Cascade Model CCF.S or approved equal. PART3- - EXECUTION 3.1 INSTALLATION, GENERAL A. All encasement pipe shall be installed by the dry boring and jacking method unless called out otherwise herein and/or on the Plans. After execution of a Construction Contract, the Contractor may submit an alternate method of encasement installation to the Engineer for review and possible approval. Any alternate method shall be submitted in writing and shall be supported by a detailed description of how the Contractor will achieve a proper installation and an itemized price breakdown of the proposed alternate. Any alternative plans shall be submitted at least two (2) weeks before such work begins. 3.2 JOINTS A. All joints in steel pipe encasement shall be field welded conforming to AWWA C206. 3.3 INSTALLATION BY BORING AND JACKING: A. Installation of the encasement shall be carried out such that there will be no settlement of the ground surface above the encasement. The CONTRACTOR shall take all precautions to prevent caving of the soils ahead of the pipe. During encasement ' installation, the CONTRACTOR shall use all care to minimize annular space (voids) between the outside of the encasement pipe and the surrounding ground. Therefore, the outside of encasement pipe installed by boring and jacking shall be pressure grouted to eliminate voids unless excepted therein. Only the dry bore method shall be used. Water jetting or similar methods using water are strictly prohibited. B. The CONTRACTOR shall inspect the locations where the encasement pipe and bore pits are to be installed and familiarize himself with the conditions under which the work will be performed and with all necessary details for the orderly prosecution of the work. The omission of any details in the Plans and/or herein for installation of the encasement and carrier pipe shall not relieve the CONTRACTOR of full responsibility for the proper execution and integrity of the work. I C. The CONTRACTOR shall satisfy himself of soils condition by any means he deems necessary, i.e., exploratory boring or exploratory pit excavations at bore ends. Any such exploratory work shall be done so as to not jeopardize railroad or highway roadbeds and rights -of -way and shall be baekfilled and cleaned up to the satisfaction of the rights -of -way owner(s). The CONTRACTOR shall be responsible to obtain his own permission and to furnish bonds, etc. as may be required by private landowners or the public or private authority having jurisdiction at the site of any such exploratory ' work. D. The CONTRACTOR shall perform all excavation required to complete the work regardless of the material encountered. Excavation from the access shafts (bore pits) in • 023! 4 -steel encasement pipe and caner pipe installation.doc 02314-3 Garver Project No. 0296-3600(2) SECTION 02314 - STEEL ENCASEMENT PIPE/CARRIER PIPE INSTALLATION I (continued) excess of that required to backfill the access shafts and open cut portion of the line shall be disposed of by the CONTRACTOR outside the limits of the construction site. Pits and trenches shall be properly shored, sheeted, and braced. E. Any damage to the encasement pipe coating during shipment or handling shall be repaired by the CONTRACTOR. Boring and installation of smooth wall pipe shall be by competent supervisors and workmen specializing in this type of work that is provided by the CONTRACTOR F. The horizontal and vertical alignment at all points on the encasement pipe and the carrier pipe shall conform to the line and grade as designed. Encasement pipes and carrier pipes not meeting this tolerance shall be subject to removal and replacement at the CONTRACTOR's expense. G. During installation of the encasement pipe, care shall be exercised to minimize voids between the encasement and the surrounding ground. I. On encasement pipes of 12" and larger nominal diameter, the annular space between the encasement pipe and the ground shall be pressure grouted to eliminate all voids. Encasement pipes smaller than 12" shall also be grouted if so directed by the OWNER depending on soil conditions at the bore site identified at the time of encasement installation. 2. When grouting encasement pipes of such diameter that entry by a worker is possible, the grout shall be injected through the encasement pipe wall through 1.5" diameter holes from the inside at 5.0 linear foot intervals over the entire length of the encasement pipe. The sequence for grout injection locations shall be as follows: Locations "Cloclt' (5' Spaces) Position 1" 12 o'clock 2n° 3 o'clock 3'" 12 o'clock 4'" 9 o'clock 5th 12 o'clock Repeat 2nd through 5th locations at 5 -foot intervals for each location to the 1 end of the encasement pipe. Note: The CONTRACTOR shall be responsible to ensure that all requirements of OSHA concerning entry of workers into confined spaces are followed. 3. For encasement pipes too small to be entered for grouting as addressed above, the annular space may be pressure grouted by means of a 2" diameter external grout pipe attached to the outside of the encasement pipe. After the encasement pipe (and the grout pipe) are in place, the grout pipe shall be withdrawn as the grout is introduced. H. The access shafts (bore pits) for encasement installation shall be rectangular in plan I view, approximately 20' x 10', unless shown otherwise on the drawings, with the longer dimension being in the direction of the encasement pipe. The bore pits shall be 02314 -steel encasement pipe and carrier pipe installation.doc 02314-4 Garver Project No. 0296-3600(2) I I LI I I I El I L_1 H I I I I SECTION 02314 - STEEL ENCASEMENT PIPE/CARRIER PIPE INSTALLATION (continued) sheeted, shored, and braced on all sides as addressed herein. Sheeting shall be timber or steel piling of ample strength to safely withstand all structural loading of whatever nature due to site and soil condition. The top of the sheeting shall be at a minimum elevation equal to the natural ground line as it existed prior to construction. 3.4 INS'T'ALLATION IN OPEN CUT A. Installation of the encasement in open cut shall be carried out so that there will be no settlement of the ground surface above the encasement after the encasement is backfilled. B. The CONTRACTOR shall inspect the locations where the encasement pipe is to be installed and familiarize himself with the conditions under which the work will be performed and with all necessary details for the orderly prosecution of the work. The omission of any details in the Plans and/or herein for installation of the encasement and carrier pipe shall not relieve the CONTRACTOR of full responsibility for the proper execution and integrity of the work. C. The CONTRACTOR shall perform all excavation required to complete the work regardless of the material encountered and shall install all bedding and backfill according to their requirements in these Specifications. Pits and trenches shall be properly shored, sheeted, and braced. D. Any damage to the encasement pipe coating during shipment or handling shall be repaired by the CONTRACTOR. E. The horizontal and vertical alignment at all points on the encasement pipe and the cattier pipe shall conform to the line and grade as designed. If the open cut encasement pipe is attached to the end of a bored encasement pipe, the CONTRACTOR shall be responsible to make the grade and alignment of the open cut pipe become a true continuation of the grade and alignment of the bored encasement pipe. Encasement pipes and carrier pipes not meeting this tolerance shall be subject to removal and replacement at the CONTRACTOR's expense. 3.5 CARRIER PIPE IN ENCASEMENT A. CASING SPACERS 1. If necessary, fabricate casing spacers to allow for conformance of carrier pipe to designed lines and grades after placement within encasement. 2. Place pipe on casing spacers to provide 3/4 -inch minimum clearance between pipe bell outside diameter and casing inside diameter. 3. Attach casing spacers to pipe using approved strapping and fasteners. 4. Use a flax soap, drilling mud, or similar non -petroleum type lubricant between spacers and casing. B. Installation of the carrier pipe in the encasement shall be accomplished so that neither the pipe nor the encasement is damaged. Care must be exercised to assure that the joints of the pipe are not over -deflected or pulled out during the process. The pipe shall be jointed and pushed or jacked through the encasement. Cables, chains, jacks or 02314 -steel encasement pipe and carrier pipc installation.doc 02314-5 Garver Project No. 0296-3600(2) SECTION 02314 - STEEL ENCASEMENT PIPE/CARRIER PIPE INSTALLATION I (continued) other equipment or devices used shall not be in direct contact with the pipe unless thoroughly padded. The carrier pipe shall conform to the following note: 1. The horizontal and vertical alignment at all points on the encasement pipe and , the carrier pipe shall conform to the line and grade as designed. Encasement pipes and carrier pipes not meeting this tolerance shall be subject to removal and replacement at the CONTRACTOR's expense. C. The carrier pipe barrel, regardless of its diameter, shall be substantially centered diametrically in the encasement. Permanent hold-down jacks or other devices, subject to the Owner's approval, shall be installed to prevent the carrier pipe from floating. D. If, after installation of the carrier pipe, adequate stability has not been provided, in the opinion of the ENGINEER, the annular space between the carrier pipe and the inside of the encasement pipe shall be filled with sand or other material approved by the ENGINEER E. After the carrier pipe has been installed in the encasement pipe, both ends of the , encasement pipe shall be tightly bulkheaded, sealed, and vented, substantially as shown on the Plans or as directed by the ENGINEER. I END OF SECTION 02314 I I I I I I 02314 -steel encasement pipe and carrier pipe installation.doc 02314-6 Garver Project No. 0296-3600(2) [] SECTION 02600 - PIPELAYING ' PART 1- SCOPE 1.1 This section covers the installation of gravity sewer and appurtenances. 1.2 RELATED SECTIONS A. Section 02622 - PVC Solid Wall Pipe ' B. City of Fayetteville Standard Specifications for Waterline Construction 1.3 DUALITY ASSURANCE IA. Provide skilled workmen to insure embedment of pipe. B. Methods of Testing: 1. ASTM C136 - Sieve or Screen Analysis of Fine and Coarse Aggregates. 2. ASTM D2922 - Density of Soil in Place and Soil Aggregate in Place by Nuclear Methods. 3. ASIM D1557 - Moisture Density Relations of Soils and Soil -Aggregate Mixtures. 4. ASTM D2487 - Classification of Soils for Engineering Purposes. 1.4 SUBMITTALS A. Section 01300 - Submittals: Procedures for submittals. B. Certificates: Certify that products meet or exceed specified requirements. ' PART 2- MATERIAL 2.1 BEDDING MATERIAL A. Allowable pipe bedding materials shall be: 1. The by-product of rock crushing operations commonly known as grit, screenings, or equal ' 2. Sand 3. Class 8 Base (AIITD Specification) B. In no case shall the maximum dimension of bedding material exceed 0.375 inches. 2.2 DETECTABLE TAPE A. Detectable tape shall be "Detect Tape" as manufactured by Allen Systems, Inc., or approved equal, and shall consist of a minimum thickness of 0.35 mils solid aluminum foil encased in a protective inert jacket that is impervious to all known alkalis, acids, chemical reagents, and solvents found in the soil. The minimum overall thickness of the tape shall be 5.5 mils and the width shall not be less than 2 inches with a medium unit weight of 2-1/2 pounds/I inch x 1,000 feet. I'he tape shall be color coded and imprinted with the message as follows: I I02600-pipelaying.doc 02600-1 Garver Project No. 0296-3600(2) I SECTION 02600 - PIPELAYING (continued) I Type of Color Utility Code Legend Sewer Safety Precaution Green Caution, Buried Sewer Line Below PART 3- EXECUTION I 3.1 HANDLING A. Pipe and accessories shall be handled in such a manner that will ensure their condition after installation to be sound and undamaged. Equipment, tools and methods used in unloading, reloading, hauling and laying pipe and fittings shall be such that they are not damaged. Under no circumstances shall loading forks, or other equipment, be inserted into the barrel of the pipe or fitting. B. Pipe having premolded joint rings shall be handled in such a manner that no weight, including the weight of the pipe itself, will bear on or be supported by the spigot rings at any time. Care shall be taken to avoid dragging the spigot ring on the ground or allowing it to come in contact with gravel, crushed stone, rocks, or other hard objects. Joint rings which have been damaged in any way will not be accepted and shall not be incorporated in the work. 3.2 PIPE DETECTION TAPE , A. Pipe detection tape shall be provided in all trenches for force main and water line construction. Installation shall be per manufacturer's recommendations and shall be as close as practical to finished grade while maintaining a required minimum of 18 inches between the detection tape and the top of any pipe. 3.3 LAYING PIPE A. Proper means and equipment shall be used for lowering pipe into the trenches. B. The Contractor shall have full responsibility for any diversion of drainage and for dewatering trenches. C. Recesses for the pipe bells are mandatory and shall be hand excavated so that the entire pipe barrel is uniformly supported by the bedding material. D. Pipe shall be protected from lateral displacement by means of pipe embedment material installed as provided in Paragraph 3.5 —Pipe Bedding of this Section. Under no circumstances shall pipe be laid in water and no pipe shall be laid under unsuitable weather or trench conditions. E. When jointed in the trench, the pipe shall form a true and smooth line. Pipe shall not be trimmed except for closures, and pipe not making a good fit shall be removed. F. Unless otherwise approved by the Engineer, the laying of pipe shall begin at the lowest point, and the pipe shall be installed so that the spigot ends point in the direction of flow. G. Pipe which is a part of a gravity sewer line shall be aligned and constructed to grades as shown on the plans. Lines not conforming to theses grades shall be subject to removal and replacement at the Contractor's expense. Force main pipe shall match the horizontal alignment and shall closely match the grades shown on the plans. 02600-pipelaying.doc 02600-2 Garver Project No. 0296-3600(2) I SECTION 02600 - PIPELAYINC (continued) H. Pipe lines or runs intended to be straight shall be laid straight. 1. During installation, each pipe and fitting shall be inspected for defects. All defective, damaged, or unsound pipe and fittings shall be rejected and removed from the site of the work. J. Prior to jointing the pipe, the plain ends of the pipe and the bells of the pipe shall be thoroughly cleaned using a soapy water and cloth, removing all foreign materials from the bells, especially the gasket seats. Any burrs or imperfections in that part of the plain end or bell which will be in contact with the gasket shall be removed. ' K The clean gasket shall be inserted in the bell and a thin film of lubricant shall be applied to the inside surface of the gasket. L The cleaned plain end shall initially be entered in the bell straight. The plain end shall be forced inside the gasket and bell until it strikes the end of the interior of the bell, after which the end of the pipe shall be moved sideways or up eight (8) inches to move it slightly away from home to allow for expansion and to provide flexibility to the completed line. The pipe may then be deflected as allowed by the manufacturer. M Lubricants shall be supplied by the pipe manufacturer in sufficient quantities. No substitutes shall be made. N The Contractor shall furnish such jacks, or other devices as are necessary for forcing the pipe into the bell and gasket. Care shall be exercised to avoid damage to the pipe where the pushing device or machine part contacts the pipe. A wood block or suitable pall shall be placed between the pipe and that part of the pushing device which contacts the pipe. O All plain ends that enter a push -on bell shall be beveled at 30° for at least one -eighth (1/8) inch. All cut pieces or ends of pipe of other classifications shall be so beveled. 3.4 PIPE BEDDING A. Place 6 -inches, minimum, of bedding between excavated trench bottom or stabilized trench bottom and bottom of pipe or fitting. Provide depression in bedding for joints so that barrel of pipe or fitting rests on bedding. Place bedding in 6 inch maximum layers, compacted to 95% maximum density, to top of pipe ensuring that bedding is placed against haunch area of pipe. Bedding material shall be worked under the sides of the ' pipe to provide satisfactory hauching. B. Place a minimum of 12 inches of bedding, compacted to 95% maximum density, over the top of pipe and fittings. ' C. For areas undercut either by Contractor's negligence or by direction of Engineer, provide and place crushed aggregate, compacted to 95% standard maximum density, to bottom elevation of pipe bedding. 3.5 ALIGNMENT AND GRADE A. All pipe shall be laid straight between changes in alignment, except as shown on the drawings, and at a uniform grade between changes in grade. All lines shall be laid so that each section between manholes will lamp. 3.6 JOINTING ' 02600-pipelaying.doc 02600-3 Garver Project No. 0296.3600(2) I SECTION 02600 - PIPELAYING (continued) A. Boltless gasketed joints: All instructions and recommendations of the pipe manufacturer, relative to gasket installation and other jointing operations, shall be observed and followed by the Contractor. All joint surfaces shall be lubricated as recommended by the manufacturer immediately before the joint is completed. 3.7 CUTTING PIPE A. Cutting of pipe shall be done in a neat manner, without damage to the pipe or to the lining therein. Pipe cuts shall be smooth, straight and at right angles to the pipe axis. All cutting of pipe shall be done with mechanical pipe cutters of an approved type except that in locations where the use of mechanical cutters would be difficult or impracticable, existing pipe may be cut with diamond point chisels, saws, or other tools which will cut the pipe without damaging impact or shock. 3.8 CLEANING A. The interior of all pipe shall be cleaned of all foreign matter before being installed and shall be kept clean until the work has been accepted. All lumps, blisters and excess coating shall be removed from exterior spigot and interior bell surfaces. Such surfaces shall be wire brushed and wiped clean, dry, and free from oil and grease before placing the spigot in the bell. All joint contact surfaces shall be kept clean until the jointing is completed. B. Every precaution shall be taken to prevent foreign material from entering the pipe while it is being installed. No debris, tools, clothing, or other materials shall be placed in the pipe. C. Whenever pipe laying is stopped, the open end of the line shall be sealed with a watertight plug. 3.9 TESTING A. Acceptance testing for gravity lines shall conform to Section 02722 - Sanitary Sewer Systems. I I I I I I I I U END OF SECTION 02600 I 1 I I 02600-pipelaying.doc 02600-4 Garver Project No. 0296-3600(2) 1 J SECTION 02601 - CAST -IN -PLACE MANHOLES PART1- GENERAL 1.1 SCOPE: A. This section covers work for the construction of manholes. The Contractor shall be responsible for the correct final elevations and slopes of manholes and the proper setting and elevations of manhole rings and covers. B. See the Plans for manhole locations and sizes. C. The top surface of the barrel shall be constructed truly plumb and level, except where ' located within roadway limits where it shall match existing slopes and grades, and shall have a light broom finish. There shall be no exposed aggregate on the top edge of the barrel. D. Manholes where the top elevation is greater than 2 feet above adjacent ground shall use frames and covers conforming to Paragraph 2.5 of this specification. Manholes where the top elevation is less than 2 feet above adjacent ground shall use frames and covers conforming to either Paragraph 2.4 or 2.5 of this specification, at the Contractor's discretion.. • 1.2 RELATED SECTIONS: • A. Section 02200 — Earthwork For Structures 1 B. Section 02722 - Sanitary Sewer Systems C. Section 03300 - Cast -In -Place Concrete D. Section 03600 — Grout 1.3 OUALITY ASSURANCE: A. Manhole testing is specified in Section 02722 B. Concrete testing is specified in Section 03300 1.4 REFERENCE STANDARDS: A. American Society for Testing and Materials (ASTM) latest edition. ASTM A48 — Standard Specification for Gray Iron Castings ' ASTM D1248 - Standard Specification for Polyethylene Plastics Extrusion Materials For Wire and Cable 1.5 SUBMITTALS IA. Section 01300 - Submittals: Procedures for submittals. B. Certificates: Certify that products meet or exceed specified requirements. C. Submit design calculations supporting reinforcing, thicknesses, and dimensions proposed for use on this project. PART 2- MATERIALS 2.1 CONCRETE: A. Concrete is specified in Section 03300 - Cast -In -Place Concrete 02601 -cast -in -place manholes.doc 02601-1 Garver Project No. 0296-3600(2) I SECTION 02601- CAST -IN -PLACE MANHOLES (continued) 2.2 INVERTS: A. Inverts shall be formed as shown on the detail drawings to the grades specified. Manholes with inverts not conforming to these grades may be subject to removal and replacement at the Contractor's expense. B. Concrete for inverts shall be Class A as specified in Section 03300 — Cast -In -Place Concrete 2.3 STEPS: A. Manhole steps are not required and will not be accepted. 2.4 NON -BOLTED FRAMES AND COVERS: 1 A. Frames: 1. Frame material shall be cast iron or ductile iron conforming to ASTM A48, ' Class 35 or better. The frame shall exhibit a tensile strength of not less than 35,000 psi. 2. Frames for standard manholes shall be Deeter 1266 or approved equal. , 3. Bearing surfaces between the ring and cover shall be machine finished or ground to assure nonrocking fit in any position, and interchangeability. I B. Covers: 1. The cover shall form a water resistant seal between the frame and manhole cover surface. The cover shall have concealed pick holes and a machined bearing surface on the bottom of the casting. The cover shall conform to ASTM A48, Class 35 or better, for Gray Iron. The cover shall have a tensile strength of 35,000 psi. 2. A typical standard manhole cover design shall be Deeter 1266 or approved equal. 3. Covers shall set flush with the rim of the frame and shall have no larger than a 1/8 -inch gap between the frame and cover. 4. Bearing surfaces shall be machine finished. I 5. Manhole lids shall have "SANITARY SEWER" cast on the lids. C. Watertight Manhole Inserts ' This standard covers the furnishing and installation of watertight gasketed manhole inserts in the sanitary sewer collection system. 1. Materials and Design (Poly Insert) a. The manhole insert shall be of corrosion -proof high density polyethylene that meets or exceeds the requirements of ASTM D 1248, Category 5, Type III with a minimum impact brittleness temperature of -180°F. b. The minimum thickness of the manhole insert shall be 3/16". c. The manhole insert shall have a strap for removing the insert. The strap shall be made of minimum 1" wide woven polypropylene or nylon 02601 -cast -in -place manholes.doc 02601-2 Garver Project No. 0296-3600(2) U I SECTION 02601 - CAST -IN -PLACE MANHOLES (continued) webbing, with the ends treated to prevent unravelling. Stainless steel hardware shall be used to securely attach strap to the insert. d. 'the manhole insert shall have one or more vent holes or valves to release gases and allow water inflow at a rate no greater than 5 gallons per 24 hours. The valve shall be installed by the manufacturer at the factory. I e. There shall be a minimum 5 -year warranty on all parts of the insert. f. The insert shall have proof of durability in traffic impact loads and shall have an Engineer certified proof test passing H-20 loading. ' 2. Materials (Stainless Steel) a. Stainless steel inserts shall be installed at locations with outfall pipe ' diameters greater than 15 inches and as directed by the Engineer. b. Stainless steel inserts shall be TETHERLOK stainless steel Rainstopper by Southwestern Packing and Seals, Inc., or approved equivalent. ' c. Insert shall be 304 stainless steel. 2.5 HINGED MANHOLE FRAMES AND COVERS A. Covers and frames shall conform to ASTM A48, Class 35 or better, for Gray Iron or equivalent ISO standard. Contractor shall provide verification of equivalency. ID. Covers shall be hinged and incorporate a 90 degree blocking system to prevent accidental closure. C. Covers shall be one man operable using standard tools. D. Frames shall be circular with a 24" clear opening. E. The frame depth shall not exceed 4 inches, and the flange shall incorporate bedding slots, bolt holes and lifting eyes. F. bids shall be lockable and lock/unlock hardware and tools shall be provided with each lid. G. Lids shall have "SANITARY SEWER" cast on the surface. 2.6 COATING: IA. The manhole shall be coated as specified in Section 09961 -External Coatings. 2.7 MANHOLE FRAME SEALS: A. The material for the seals between the frames and concrete shall be a bitumastic gasket material, meeting or exceeding ASTM C990. Bitumastic gasket material shall be Ram-Nek, EZ-STIK, or approved equal. 2.8 PIPE CONNECTIONS: A. Manufactured pipe -to -manhole connectors shall be installed at each opening to assure a ' flexible watertight seal of the pipe to the manhole. B. The connector shall be capable of a 7° pipe deflection after installation without loss of sealing. 02601 -cast -in -place manholes.doc 02601-3 Garver Project No. 0296-3600(2) 1 I SECTION 02601- CAST -IN -PLACE MANHOLES (continued) I C. The connector shall be manufactured expressly for embedment in the wall of concrete manholes and shall be specifically designed for the pipe material and size being utilized on the project. D. No adhesives or lubricants shall be employed in the installation of the connector into the manhole. E. All stainless steel parts of the connector shall be totally non-magnetic Series 304 Stainless except the worm screw for tightening the steel band which shall be Series 305 Stainless. The worm screw shall be torqued by a break -away type torque wrench set for 60-70 in/lbs. F. The connector shall be installed in the manhole so that it shall have a minimum cover of 3" of concrete at all points and in strict accordance with the manufacturers recommendations. 2.9 STRUCTURAL GROUT A. Grout proposed for use to adjust manhole rings to critical grades, such as those located ' in streets or parking lots, shall conform to Section 03600 - Grout. PART 3- EXECUTION 3.1 MANHOLE CONSTRUCTION: 1 A. Excavate to planned depth in accordance with Section 02200. B. Place and compact 8 -inches of Class 7 aggregate. I C. Place concrete base. D. Place gaskets or water stops around pipe penetrations. , E. Set forms to proper location and grades and in a truly vertical plane with appropriate blockouts and water stop seals for pipe penetrations. F. Place Class A concrete in accordance with Section 03300 G. Place approved water stops between concrete pours. H. Install exterior manhole coating. 1 I. Backfill in accordance with Section 02200. J. Test manhole in accordance with Section 02722. ' K. Clean the manhole frame of all dirt and debris before placing the manhole insert on the rim. The manhole insert shall be fully seated around the manhole frame rim to retard water from seeping between the cover and the manhole frame rim. END OF SECTION 02601 1 1 02601 -cast -in -place manholes.doc 02601-4 Garver Project No. 0296-3600(2) I I SECTION 02602 - PRE -CAST CONCRETE MANHOLES PART 1 - GENERAL ' 1.1 SCOPE: A. This section covers work for the construction of pre -cast manholes. The Contractor shall be responsible for the correct final elevations and slopes of manholes and the ' proper setting and elevations of manhole rings and covers. B. Manholes of different diameters are required on this project. See the Plans for manhole locations and sizes. ' C. The top surface of the barrel shall be truly plumb and level and shall have a light broom finish. There shall be no exposed aggregate on the top edge of the barrel. ' D. Manholes where the top elevation is greater than 2 feet above adjacent ground shall use frames and covers conforming to Paragraph 2.5 of this specification. Manholes where the top elevation is less than 2 feet above adjacent ground shall use frames and covers conforming to either Paragraph 2.4 or 2.5 of this specification, at the Contractor's discretion. 1.2 RELATED SECTIONS: A. Section 02200— Earthwork for Structures C. Section 02722 - Sanitary Sewer Systems ' D. Section 03300 - Cast -In -Place Concrete E. Section 03600 — Grout I I I I I I I 1.3 OUALITY ASSURANCE: A. Manhole testing is specified in Section 02722 B. Concrete testing is specified in Section 03300 1.4 REFERENCE STANDARDS: A. American Society for Testing and Materials (ASTM) latest edition. ASTM A48 — Standard Specification for Gray Iron Castings ASTM C361 — Standard Specification for Reinforced Concrete Low -Head Pressure Pipe ASTM C443 — Standard Specification for Joints for Concrete Pipe and Manholes, Using Rubber Gaskets ASTM C478 - Standard Specification for Precast Reinforced Concrete Manhole Sections ASTM D1248 - Standard Specification for Polyethylene Plastics Extrusion Materials For Wire and Cable 1.5 SUBMITTALS A. Section 01300 - Submittals: Procedures for submittals. B. Certificates: Certify that products meet or exceed specified requirements. 02602 -pre -cast concrete nianholes.doc 02602-1 Garver Project No. 0296-3600(2) I SECTION 02602 - PRE -CAST CONCRETE MANHOLES (continued) I C. Submit design calculations supporting reinforcing, thicknesses, and dimensions proposed for use on this project. PART 2- MATERIALS 2.1 PRE -CAST MANHOLE: A. Pre -cast manholes shall conform to ASTM C478 — Standard Specifications for Pre -Cast Reinforced Concrete Manhole Sections B. The top section shall be a concentric cone section conforming to ASTM C478. C. Integral pre -cast floors shall be allowed, subject to the approval of Engineer. Cast -in- I place floors shall be allowed. D. Inverts may be pre -cast or field formed into the base section of the manhole, but in either case, shall meet the proper sewer line gradient and alignment shown in the Plans. E. Precast concrete manhole sections shall not be delivered to the site until the sections are at least ten (10) days old. Two lift holes shall be cast into each cone or riser section for the purpose of handling and laying. The Contractor shall provide and install water plugs into lift holes after laying the sections. F. Cutouts in the bottom sections shall be appropriate for the pipe being laid. I. Bottom sections shall have clear identifying markings to assure their being used in the right locations. 2. Suitable openings for the inlet and outlet pipe shall be cored into the base section (and into the riser sections for drop or "pass -through" manholes). 3. These openings shall be true size, circular and located as needed to maintain the proper sewer gradient for each manhole. G. Manufactured pipe -to -manhole connectors shall be installed at each opening to assure 1 a flexible watertight seal of the pipe to the manhole. I. The connector shall be specifically designed for the pipe material and size being utilized on the project. 2. No adhesives or lubricants shall be employed in the installation of the connector into the manhole. 3. All stainless steel parts of the connector shall be totally non-magnetic Series 304 Stainless except the worm screw for tightening the steel band which shall be Series 305 Stainless. The worm screw shall be torqued by a break- away type torque wrench set for 60-70 in/lbs. 4. The connector shall be installed in the manhole so that it shall have a minimum cover of 3" of concrete at all points and in strict accordance with the manufacturer's recommendations. H. Each manhole shall be made up with as few risers as possible. The joints between risers shall be leakproofed with a mechanical water stop seal as approved by the Engineer and meeting the requirements of ASTM C443 and C361. There shall be a suitable spigot cast into the tongue of each component to contain the seal. The seal 02602 -pre -cast concrete manholes.doc 02602-2 Garver Project No. 0296-3600(2) I I I I C1 I I I I I I I I LI I I I El SECTION 02602 - PRE -CAST CONCRETE MANHOLES (continued) shall consist of a supporting compression section and a thin sliding flap which has been pre -lubricated. When the sections are fitted together, the edge of the bell shall encounter the flap which then slides towards the compression section. F. No more than eight inches of concentric rings shall be allowed to bring the manhole to finished grade. 2.2 INV ER'I'S: A. Inverts shall be formed as shown on the detail drawings to the grades specified. Manholes with inverts not conforming to these grades may be subject to removal and replacement at the Contractor's expense. B. Concrete for inverts shall be Class A as specified in Section 03300 — Cast -In -Place Concrete 2.3 STEPS: A. Manhole steps are not required and will not be accepted. 2.4 NON -BOLTED FRAMES AND COVERS: A. Frames: 1. Frame material shall be cast iron or ductile iron conforming to ASTM A48, Class 35 or better. The frame shall exhibit a tensile strength of not less than 35,000 psi. 2. Frames for standard manholes shall be Dectcr 1266 or approved equal. 3. Bearing surfaces between the ring and cover shall be machine finished or ground to assure nonrocking fit in any position, and interchangeability. B. Covers: 1. The cover shall form a water resistant seal between the frame and manhole cover surface. The cover shall have concealed pick holes and a machined bearing surface on the bottom of the casting. The cover shall conform to ASTM A48, Class 35 or better, for Gray Iron. The cover shall have a tensile strength of 35,000 psi. 2. A typical standard manhole cover design shall be Deeter 1266 or approved equal. 3. Covers shall set flush with the rim of the frame and shall have no larger than a 1/8 -inch gap between the frame and cover. 4. Bearing surfaces shall be machine finished 5. Lids shall have "SANITARY SEWER" cast on the surface. C. Watertight Manhole Inserts 'Phis standard covers the furnishing and installation of watertight gasketed manhole inserts in the sanitary sewer collection system. Materials and Design (Poly Insert) ' 02602 -pre -cast concrete manholes.doc 02602-3 Garver Project No. 0296-3600(2) I SECTION 02602 - PRE -CAST CONCRETE MANHOLES (continued) a. The manhole insert shall be of corrosion -proof high density polyethylene that meets or exceeds the requirements of ASTM DI 248, Category 5, Type III with a minimum impact brittleness temperature of -180°F. b. The minimum thickness of the manhole insert shall be 3/16". c. The manhole insert shall have a strap for removing the insert. The strap shall be made of minimum 1" wide woven polypropylene or nylon webbing, with the ends treated to prevent unravelling. Stainless steel hardware shall be used to securely attach strap to the insert. d. The manhole insert shall have one or more vent holes or valves to release gases and allow water inflow at a rate no greater than 5 gallons per 24 hours. The valve shall be installed by the manufacturer at the factory. e. There shall be a minimum 5 -year warranty on all parts of the insert. I f. The insert shall have proof of durability in traffic impact loads and shall have an Engineer certified proof test passing H-20 loading. 2. Materials (Stainless Steel) a. Stainless steel inserts shall be installed at locations with outfall pipe diameters greater than 15 inches and as directed by the Engineer. , b. Stainless steel inserts shall be TETHERLOK stainless steel Rainstopper by Southwestern Packing and Seals, Inc., or approved equivalent. c. Insert shall be constructed of 304 stainless steel 2.5 HINGED MANHOLE FRAMES AND COVERS A. Covers and frames shall conform to ASTM A48, Class 35 or better, for Gray Iron or equivalent ISO standard. Contractor shall provide verification of equivalency. B. Covers shall be hinged and incorporate a 90 degree blocking system to prevent accidental closure. C. Covers shall be one man operable using standard tools. , D. Frames shall be circular with a 24" clear opening. E. The frame depth shall not exceed 4 inches, and the flange shall incorporate bedding slots, bolt holes and lifting eyes. F. Lids shall be lockable and lock/unlock hardware and tools shall be provided with each lid. G. Lids shall have "SANITARY SEWER" cast on the surface. , 2.6 COATING: A. The manhole shall be coated as specified in Section 09961 -External Coatings. , 2.7 MANHOLE FRAME SEALS: A. The material for the seals between the frames and concrete shall be a bitumastic gasket , material, meeting or exceeding ASTM C990. Bitumastic gasket material shall be Ram-Nek, EZ-STIK, or approved equal. 2.8 PIPE CONNECTIONS: ' 02602 -pre -cast concrete manholes.doc 02602-4 Garver Project No. 0296-3600(2) I SECTION 02602 - PRE -CAST CONCRETE MANHOLES (continued) IA. Manufactured pipe -to -manhole connectors shall be installed at each opening to assure a flexible watertight sea] of the pipe to the manhole. B. The connector shall be capable of a 7° pipe deflection after installation without loss of scaling. C. The connector shall be manufactured expressly for embedment in the wall of concrete ' manholes and shall be specifically designed for the pipe material and size being utilized on the project. D. No adhesives or lubricants shall be employed in the installation of the connector into the manhole. F. All stainless steel pails of the connector shall be totally non-mabmetic Series 304 ' Stainless except the worm screw for tightening the steel band which shall be Series 305 Stainless. The worm screw shall be torqued by a break -away type torque wrench set for 60 - 70 in/lbs. IF. The connector shall be installed in the manhole so that it shall have a minimum cover of 3" of concrete at all points and in strict accordance with the manufacturer's recommendations. 2.9 STRUCTURAL GROUT A. Grout proposed for use to adjust manhole rings to critical grades, such as those located in streets or parking lots, shall conform to Section 03600 - Grout. PART 3- EXECUTION ' 3.1 MANHOLE CONSTRUCTION: A. Excavate to planned depth in accordance with Section 02200. B. Place and compact 8 -inches of Class 7 aggregate C. Place concrete base. D. Place pre -cast manhole in accordance with manufacturer's recommendations, plumb, and to grade. E. Plug lifting holes on inside and outside. Grout lift holes on both sides. F. Manhole ring may be cast into top section or may be cast -in -place. G. Place concrete and form invert. I1 -I. Bolt manhole frame to manhole as shown in details. 1. Install exterior manhole coating. J. Backfill in accordance with Section 02200. K. Test manhole in accordance with Section 02722. L. Clean the manhole frame of all dirt and debris before placing the manhole insert on the ' rim. The manhole insert shall be fully seated around the manhole frame rim to retard water from seeping between the cover and the manhole frame rim END OF SECTION 02602 ' 02602-prc-cast concrete manholes.doc 02602-5 Garver Project No. 0296-3600(2) I 11 ri I I I I I I E 11 J I I !1 L I I SECTION 02622 - PVC SOLID WALL SEWER PIPE PART I- GENERAL 1.1 SCOPE A. This section covers polyvinyl chloride (PVC) pipe for wastewater systems. 1.2 RELATED WORK A. Section 02600 — Pipelaying B. Section 02722 - Wastewater Systems 1.3 DUALITY ASSURANCE A. No field testing of pipe, except pressure testing of completed systems will be required unless evidence develops that material is not as specified or as certified by manufacturer. B. Affidavits of Compliance and Independent Laboratory Inspection I. All PVC pipe furnished and installed on this project shall be inspected and tested by the manufacturer. The manufacturer shall furnish to the Engineer, prior to delivery, certificates stating that all pipe will be manufactured in compliance with these Specifications. The certificate shall also fully describe the pipes proposed to be furnished. 2. If evidence appears that all provisions of the applicable ASTM Standards have not been complied with after the pipe has been delivered, the Owner will require such field testing and sampling as necessary for certified statements of compliance to the provisions of said standards to be furnished by an approved independent laboratory. The cost for the testing and sampling or job delay will be the responsibility of the pipe supplier if the pipe is not in compliance. The Owner will pay the cost of the testing and sampling if the pipe is in compliance with the Specifications. However, the Owner will not he responsible for job delay. The independent laboratory may be chosen by the Owner or the pipe manufacturer, as approved by Engineer, and shall be approved by the Engineer. C. Joint lubricant containers must be labeled with manufacturers name and must be labeled as pipe joint lubricant. D. Stamp manufacturer's name or trademark, ASTM standard, SDR, and Cell Class on each pipe. 1.4 DELIVERY STORAGE AND HANDLING A. Comply with manufacturer's recommendations. B. Minimize handling of pipe below 25° F. 1.5 SUBMITTALS A. Section 01300 - Submittals: Procedures for submittals. B. Certificates: Certify that products meet or exceed specified requirements. 02622-pvc solid wall sewer pipe.doc 02622-I Garver Project No. 0296-3600(2) L SECTION 02622 - PVC SOLID WALL SEWER PIPE (continued) PART 2- PRODUCTS 2.1 MATERIALS A. GRAVITY WASTEWATER SYSTEM 1. This section designates general requirements for unplasticized polyvinyl chloride (PVC) Plastic Gravity Sewer Pipe with integral wall bell and spigot joints for the conveyance of domestic sewage, in gravity sewers four (4") inches to twenty-four (24") inches in size. 2. Pipe and fittings shall meet and/or exceed all requirements of ASTM Specification O3034 and shall be made of plastic having a cell classification of 12454-B as defined in ASTM D1784. SDR shall be 21 minimum. 3. All pipe shall be suitable for use as a gravity sewer conduit. Provisions must be made for contraction and expansion at each joint with a rubber gasket. The bell shall consist of an integral wall section with a solid cross section rubber gasket factory assembled, securely locked in place to prevent displacement. Standard length shall be 20 feet (+/-) 1 inch. 4. All fittings and accessories shall be as manufactured and furnished by the pipe supplier or approved equal and have bell and/or spigot configurations identical to that of the pipe. Rubber gasket shall conform to ASTM Specification D1869. Minimum "Pipe stiffness" at 5% deflection shall conform with ASTM D3034 for all sizes when tested in accordance with ASTM Designation D2412 - External Loading Properties of Plastic Pipe by Parallel -Plate Loading. Pipe and fittings shall be tested in accordance with ASTM Designations D2412, D2152, and D2444. 5. Fittings for PVC pipe shall be of PVC compound conforming to ASTM D1784 as required in ASTM D3034 or ASTM D2464, as required. The fittings shall be made by the same manufacturer as the pipe. 6. PVC joints shall be designed so that the pipe and fittings may be connected on the job without the use of glue or adhesive and any special equipment except where noted on the plans. The buried pipe and fittings shall have a , push -on joint consisting of a single rubber gasket designed to be assembled by the positioning of a continuous, molded rubber gasket in a recess in the pipe and fitting socket, thereby compressing the gasket radially to the pipe to form a positive seal. The gasket and the angular recess shall be so designed and shaped that the gasket is locked in place against displacement as the joint is assembled. Gasket dimensions shall be in accordance with manufac- • turer's standard design dimensions and tolerances and shall be of such size and shape as to provide an adequate compressive force against the plain end and socket after assembly to effect a positive seal under all combinations of joint and gasket tolerances. Gaskets shall be vulcanized natural or vulcanized synthetic rubber. No reclaimed rubber shall be used. 02622-pvc solid wall sewer pipe.doc 02622.2 Garver Project No. 0296-3600(2) , I SECTION 02622 - PVC SOLID WALL SEWER PIPE (continued) ' 7. The joint shall be designed to withstand the same pressures as required for the pipe. The joint shall be designed so as to provide for the thermal expansion or contraction experienced with a temperature change of at least ' 75°F. Plain end by plain end pipe connected by a coupling provided with rubber gaskets and a center stop is acceptable. 8. Straps and supports and anchoring hardware shall be adequate to maintain ' the pipeline, as depicted in the Plans, in the proper position and alignment under all operating conditions. Straps and supports shall be of standard design and shall be the best suitable, in the opinion of the Engineer, for the service required. Straps and supports and all anchoring hardware shall be stainless steel. C. Detectable tape shall be "Detect 'rape" as manufactured by Allen Systems, Inc. or approved equal, and shall consist of a minimum thickness of 0.35 mils solid aluminum foil encased in a protective inert jacket that is impervious to all known alkalis, acids, chemical reagents, and solvents found in the soil. The minimum overall thickness of the tape shall be 5.5 rails and the width shall not be less than 2 inches with a medium unit weight of 2-1/2 pounds/I inch x 1,000 feet. The tape shall be color coded and imprinted with the message as follows: Type of Color Utility Code Legend Sewer Safety Precaution Green Caution, Buried Sewer Line Below 1 PART 3- EXECUTION 3.1 Pipe Detection tape shall be provided in all trenches for sewer line construction. Installation shall he per manufacturer's recommendations and shall be as close as practical to finished grade while maintaining a required minimum of 18 inches between the detection tape and the top of any pipe line. 3.2 Installation shall be as specified in Section 02600-Pipelaying. END OF SECTION 02622 1 I I1 I I02622-pvc solid mall sewer pipe.doc 02622-3 Garver Project No. 0296-3600(2) I ' SECTION 02722 - SANITARY SEWER SYSTEMS IPARTI-GENERAL 1.1 SCOPE ' A. This Section covers testing sanitary sewage system. 1.2 RELATED SECTIONS ' A. Section 02622 - PVC Solid Wall Sewer Pipe PART 2- PRODUCTS ' Not Used PART 3- EXECUTION 3.1 GRAVITY SEWER TESTING A. The Contractor shall have the option of verifying water tightness by either air testing or ' water testing. The Engineer shall have the option to require testing by both methods to verify marginal results. ' 13 Gravity Sewers — Air Testing_ 1. After gravity sanitary sewer and service pipe have been laid, all newly laid sewer main pipe shall be subject to an air pressure test to determine watertightness from air loss. 2. Test Equipment: a. All necessary equipment to perform the air test in accordance with this specification shall be provided by the Contractor. The test gauge shall have incremental divisions of 0.10 psi and have an accuracy of at least plus ' or minus 0.04 psi. In no case shall a test gauge be used which has incremental divisions of greater than 0.25 psi. The gauge shall be of sufficient size to determine accuracy. 3. Procedure: a. As each section of sewer is completed between manholes, each section shall be air tested. When practical, house connections in each section ' shall be completed. Air test shall be low-pressure air test based on the principal of air -pressure loss per time period. Contractor shall prepare a log of testing and submit this to the Engineer as each section is ' completed and tested. All tests shall be accomplished in the presence of the Engineer. b. The test section of the sewer line is plugged at each end. One of the ' plugs used at the manhole must be tapped and equipped for air inlet connection for filling the line from the air compressor. IC. All service laterals, stubs and fittings into the sewer test section shall be properly capped or plugged, and carefully braced against the internal pressure to prevent air leakage by slippage and blowouts. ' d. Connect air hose to tapped plug selected for the air inlet. Then connect 02722 -sanitary sewer systems.doc 02722-1 Garver Project No. 0296-3600(2) I SECTION 02722 - SANITARY SEWER SYSTEMS (continued) the other end of the air hose to the portable air control equipment which consists of valves and pressure gauge used. i. To control air entry rate to the sewer test section, and ii. To monitor the air pressure in the pipe line. LJ I More specifically, the air control equipment includes a shutoff valve, pressure regulating valve, pressure reduction valve and a monitoring pressure gauge having a pressure range from 0-5 psi. The gauge shall have minimum divisions of 0.10 psi and an accuracy of 0.04 psi. e. Connect another air hose between the air compressor (or other source of compressed air) and the air control equipment. This completes the test equipment set-up. Test operations may commence. f. Supply air to the test section slowly, filling the pipe line until a constant pressure of 3.5 psig is maintained. The air pressure must be regulated to prevent the pressure inside the pipe from exceeding 5.0 psig. g. When constant pressure of 3.5 psig is reached, throttle the air supply to maintain the internal pressure above 3.0 psig for at least 5 minutes. This time permits the temperature of the entering air to equalize with the temperature of the pipe wall. If leakage is detected at any cap or plug, release the pressure in the line and tighten all leaky caps and plugs. Then start the test operation again by supplying air. When it is necessary to bleed off the air to tighten or repair a faulty plug, a new five-minute interval must be allowed after the pipeline has been refilled. h. After the stabilization period, adjust the air pressure to 3.5 psig and shutoff or disconnect the air supply. Observe the gauge until the air pressure reaches 3.5 psig. At 3.5 psig commence timing with a stop watch which is allowed to run until the line pressure drops to 2.5 psig at which time the stop watch is stopped. The time required, as shown on the stop watch for a pressure loss of 1.0 psig, is used to compute the air loss. i. If the time in minutes and seconds for the air pressure to drop from 3.5 to 2.5 psig is greater than that shown in the table for the designated pipe size, the section undergoing test shall have passed and shall be presumed to be free of defects. The test may be discontinued at that time. j. If the time in minutes and seconds for the 1.0 psig drop is less than that shown on the table for the designated pipe size, the section of pipe shall not have passed the test; therefore, adequate repairs must be made and the line retested. k. Pipe sizes with their respective recommended minimum times, in minutes and seconds, for acceptance by the air test method are as shown below. I I I I [1 I Li I I 1l [J' 02722 -sanitary sewer systems.doc 02722-2 Garver Project No. 0296-3600(2) , I ISECTION 02722 - SANITARY SEWER SYSTEMS (continued) L I LIB I I I I I I I I I I I I 4. Minimum Time For A 1.0 psig Pressure Drop Min:Secs Distance 12" Dia 24" Dia 30" Dia 36" Dia 42" Dia 100' 11:20 22:47 35:37 51:17 69:48 150' 11:20 34:11 53:25 76:55 104:42 200' 11:24 45:34 71:13 102:34 139:37 250' 14:15 56:58 89:02 128:12 174:30 300' 17:05 68:22 106:50 153:50 209:24 350' 19:56 79:46 124:38 179:29 244:19 400' 22:47 91:10 142:26 205:07 279:13 450' 25:38 102:33 160:15 230:46 314:07 1. An air pressure correction is required when the prevailing ground water is above the sewer line being tested. Under this condition, the air test pressure must be increased 0.433 psi for each foot the ground water level is above the invert of the pipe. m. Height of ground water above sewer pipe shall be determined by a method approved by the Engineer. n. Any leaks in the system shall be repaired immediately upon discovery. Costs for repairing faulty work, including excavating and re-backfilling and for making tests, shall be paid for by the Contractor. Safety Precautions: The low pressure air test may be dangerous to personnel if, through lack of understanding or carelessness, a line is over pressurized or plugs are installed improperly. It is extremely important that the various plugs be installed to prevent the sudden expulsion of a poorly inflated plug. As an example of the hazard, a force of 250 pounds is exerted on an 8 inch plug by an internal pressure of 5 psi. Observe the following safety precautions. a. No one shall be allowed in the manholes during the test or when a plugged pipe is under pressure. b. Gauges, air piping manifolds, and valves shall be located at the top of the ground. c. Install and brace all plugs securely. d. Do not over pressurize the lines. C. Gravity Sewers — Water Testing: Water testing will be by either the infiltration method or by the exfiltration method if approved by the Engineer. Testing for water -tightness shall be made by the Contractor in the presence of the Engineer. The Contractor shall provide all equipment, plugs, bulkheads, fittings, water, etc. needed for the testing. The water used for testing shall be paid for by the Contractor. 2. The Engineer shall have the right to direct that either the infiltration or the exfiltration water testing be performed based on groundwater conditions at the time. 02722 -sanitary sewer systems.doc 02722-3 Garver Project No. 0296-3600(2) I SECTION 02722 - SANITARY SEWER SYSTEMS (continued) 3.2 3. The tests and measurements of the infiltration method shall be as approved by the Engineer. In all cases, the pipeline shall not leak under exterior ground water pressure in excess of 250 gallons per inch of nominal pipe diameter per mile of pipe per 24 hours. Leaks causing any sewer to fail such test shall be repaired until infiltration meets the allowable limit. 4. If, in the opinion of the Engineer, the ground water table at the time of testing is too low to produce dependable infiltration measurement results, the Contractor shall perform the exfiltration method test. The allowable limit shall be as given above including any manholes in the section(s) being tested. Water required for exfiltration test shall be obtained at the Contractor's expense. 5. Where the exfiltration test method is used, the following shall apply: a. The downstream end of the pipe section being tested shall be plugged and the plug shall be braced and blocked securely. No one shall be allowed to enter a manhole where a plugged pipe is under pressure. Any other pipe entrances to the upstream manhole shall likewise be securely plugged. b. Only water from a source approved by the Engineer shall be used to perform the test. Waste water shall not be used to perform exfiltration testing. c. Water shall be added through the upstream manhole of the line section being tested to a depth of 2.0 feet above the inside top of the outgoing pipe (or 2.0' above the ground water level - see d. below). The water shall be maintained at this level for 24 hours prior to beginning the exfiltration test measurement. d. There shall be a minimum of 2.0' positive head above the inside top of the pipe at the high end of the section being tested. This means, if the ground water in the trench is at (or above) the top of the pipe, then the manhole shall be filled to a point at least 2.0' above the ground water level. e. The test shall be conducted for two hours. The leakage shall be determined by the calculated change in total volume of water used in the test. PIPE DEFLECTION TESTING: A. General: All PVC sewer lines shall be mandrel tested in accordance with these specifications prior to acceptance. B. Allowable Deflection The maximum allowable pipe deflection shall not exceed 5 percent of the inside diameter. C. Mandrel: 1. The mandrel shall be hand -pulled by the Contractor through all PVC sewer lines no earlier than 30 days after the trench has been completely backfilled. Any sections of the sewer not passing the mandrel shall be uncovered and the Contractor shall retied, reround, or replace the sewer to the satisfaction of the I I I I [_] 1J I I I I 11 I I I 02722 -sanitary sewer systems.doc 02722-4 Garver Project No. 0296-3600(2) Lii SECTION 02722 - SANITARY SEWER SYSTEMS (continued) Engineer. Any repaired section shall be retested after a sufficient time has ' elapsed to ensure that trench settlement has stopped. This retest time shall be totally dependent upon method of repair. If the trench has been opened, the retest shall have the same requirements as the original installation. If the pipe ' has been resounded, retest shall not occur sooner than seven days after rerounding. ' 2. The mandrel (go/no-go) device shall be cylindrical in shape and constructed with either 9 or 16 evenly spaced arms or prongs. Mandrels with less anus will be rejected as not sufficiently accurate. The contact length of the ' mandrel's arms shall equal or exceed the nominal diameter of the sewer to be inspected. Critical mandrel dimensions shall carry a tolerance of plus or minus 0.01 inch. The mandrel and all necessary equipment for the mandrel test shall be provided by the Contractor. 3. The Owner reserves the right to mandrel test any PVC or FRP sewer pipe before acceptance, and also prior to expiration of the first year of operation. If ' a previously accepted line fails a mandrel test performed during the first year of operation, the defects must be corrected at the Contractor's expense. 3.3 MANHOLE TESTING A. Testing, Observations and Guarantee Period: I. The testing required shall be performed by the Contractor at all manholes and documented to the satisfaction of the Engineer. 2. Testing shall not be performed on a specific manhole until all work has been completed for that specific manhole. 3. Any manholes that are observed to be leaking by the Engineer shall be subject to additional repairs and retested by the Contractor at no additional ' cost to the Owner. B. Inflow Testing: I. All rehabilitated manholes and new manholes shall be dye tested. Manholes ' shall be dye water tested in the presence of the Engineer. The dye test shall consist of applying a concentrated dye solution around the manhole frame. Dyed water shall be applied for at least ten (10) minutes. 2. Manholes observed to be actively leaking will have failed the test and will not be acceptable. Manholes failing the test will require additional rehabilitation by the Contractor at no additional compensation. The manhole shall then be retested as described above until a successful test is made. C. Vacuum Testing: ' I. All new and rehabilitated manholes shall be vacuum tested by the Contractor in the presence of the Engineer for sources of infiltration. Testing will be ' made during high groundwater conditions, wherever possible. 2. Manholes shall be tested after installation with all connections (existing and/or proposed) in place. Drop -connections and gas sealing connections shall be installed prior to testing. The lines entering the manhole shall be temporarily plugged with the plugs braced to prevent them from being drawn 02722 -sanitary sewer systems 02722-5 Carver Project No. 0296-3600(2) I SECTION 02722 - SANITARY SEWER SYSTEMS (continued) 3.4 into the manhole. The plugs shall be installed in the lines beyond drop - connections, gas sealing connections, etc. The test head shall be placed inside the frame at the top of the manhole and inflated in accordance with the manufacturer's recommendations. A vacuum of 10 inches of mercury shall be drawn, and the vacuum pump will be turned off. With the valve closed, the level of vacuum shall be read after the required test time. If the drop in the level is less than 1 -inch of mercury (final vacuum greater than 9 inches of mercury), the manhole will have passed the vacuum test. After a successful test, the temporary plugs will be removed. The required test time is determined from the table below. MINIMUM TIME REQUIRED for a VACUUM DROP of 1" H (l0"H - 9"H (min:sec) Depth of MH ft. 48" MH 60" MH 72" MH 96" MH 8' :20 :26 :32 :45 10' :25 :33 :40 1:00 12' :30 :39 :48 1:07 14' :35 :46 :57 1:18 16' :40 :52 1:05 1:29 18' :45 :59 1:13 1:40 20' :50 1:05 1:21 1:52 22' :55 1:12 1:29 2:03 24' :60 1:19 1:37 2:14 26' 1:05 1:25 1:45 2:25 28' 1:10 1:32 1:53 2:36 30' 1:15 1:38 1:01 2:47 Add for each Additional 2' :05 :07 :08 :11 3. Manhole vacuum levels observed to drop greater than 1 -inch of mercury (Final vacuum less than 9 inches of mercury) will have failed the test and will require additional rehabilitation. The Contractor shall make the necessary repairs at no additional compensation for only those work items completed by the Contractor. The manhole shall then be retested as described above until a successful test is made. SYSTEM COORDINATION I I I I I I 11 I I I [1 I 11 I I 1] 02722 -sanitary sewer systems 02722-6 Garver Project No. 0296-3600(2) ' I ' SECTION 02722 - SANITARY SEWER SYSTEMS (continued) A. Maintain existing sewer flow through new connecting manholes until new sewer is ' approved by Engineer. B. Reshape manhole bottom to divert sewer flow into new sewer after new sewer is approved by Engineer. C. Locate sewer services before completing the first manhole downstream from the sewer service. END OF SECTION 02722 I I IT. I I I I Ill I I IT] [1 ' 02722 -sanitary sewer systetns.doc 02722-7 Garver Project No. 0296-3600(2) P Ll I I I I I I I I I I I I I I I I SECTION 03100- CONCRETE FORMWORK PART 1 - GENERAL 1.1 SECTION INCLUDES A. Formwork for cast -in place concrete, with shoring, bracing and anchorage. B. Openings for other work. C. Form Accessories. D. Form stripping. 1.2 PRODUCTS INSTALLED BUT NOT FURNISHED UNDER THIS SECTION A. Section 03300 -Cast -In -Place Concrete: Supply of concrete accessories for placement by this section. 1.3 RELATED SECTIONS A. Section 03200 - Concrete Reinforcement. B. Section 03300 - Cast -in -Place Concrete. 1.4 REFERENCES A. ACI 301 - Structural Concrete for Buildings. B. ACI 318 - Building Code Requirements for Reinforced Concrete. C. ACI 347 - Recommended Practice For Concrete Formwork. D. PS I - Construction and Industrial Plywood. 1.5 DESIGN REQUIREMENTS A. Design, engineer and construct formwork, shoring and bracing to conform to code requirements; resultant concrete to conform to required shape, line and dimension. 1.6 QUALITY ASSURANCE A. Perform Work in accordance with ACI 347. 1.7 COORDINATION A. Coordinate this Section with other Sections of work which require attachment of components to formwork. 1.8 SUBMITTALS A. The submittals shall comply with Section 01330. B. Certificates: Certify that products meet or exceed specified requirements. PART 2- PRODUCTS 2.1 WOOD FORM MATERIALS A. Form Materials: At the discretion of the Contractor and as required to meet appearance requirements. 03 100 -Concrete Formwork.doc 03100-1 Garver Project No. 0296-3600(2) I SECTION 03100 - CONCRETE FORMWORK (continued) 2.2 PREFABRICATED FORMS , A. Preformed Steel Forms: Minimum 16 gage matched, tight fitting, stiffened to support weight of concrete without deflection detrimental to tolerances and appearance of finished surfaces. 2.3 FORMWORK ACCESSORIES A. Form Ties: Snap -off type, galvanized metal, fixed length, cone type, 1 -inch back break I dimension, free of defects that could leave holes larger than 1 inch in concrete surface. The contractor shall provide water stop rings for form ties below grade. B. Form Release Agent: Colorless mineral oil which will not stain concrete, or absorb , moisture, or impair natural bonding or color characteristics of coating intended for use on concrete. C. Chamfer Strips: The Contractor shall provide chamfer strips at all exposed corners as shown or detailed in the plans (%" minimum). 2.4 EARTH FORMS , A. Earth forms are not permitted. PART 3- EXECUTION 3.1 EXAMINATION A. Verify lines, levels and centers before proceeding with formwork. Ensure that , dimensions agree with drawings. 3.2 ERECTION - FORMWORK A. Erect formwork, shoring and bracing to achieve design requirements, in accordance with requirements of ACI 301. B. Provide bracing to ensure stability of formwork. Shore or strengthen formwork subject ' to over stressing by construction loads. C. Arrange and assemble formwork to permit dismantling and stripping. Do not damage concrete during stripping. Permit removal of remaining principal shores. D. Align joints and make watertight. Keep form joints to a minimum E. Obtain approval before framing openings in structural members which are not ' indicated on Drawings. 3.3 APPLICATION - FORM RELEASE AGENT A. Apply form release agent on formwork in accordance with manufacturer's recommendations. , B. Apply prior to placement of reinforcing steel, anchoring devices, and embedded items. C. Do not apply form release agent where concrete surfaces will receive applied coverings which are effected by agent. Soak inside surfaces of untreated forms with clean water. , Keep surfaces coated prior to placement of concrete. 3.4 INSERTS. EMBEDDED PARTS. AND OPENINGS 03100 -Concrete Formworlcdoc 03100-2 Garver Project No. 0296-3600(2) , I 1 SECTION 03100- CONCRETE FORMWORK (continued) IA. Provide formed openings where required for items to be embedded in passing through concrete work. B. Locate and set in place items which will be cast directly into concrete. ' C. recesses, sleeves, bolts, anchors, other inserts, and components of other work. D. Install accessories in accordance with manufacturer's instructions, straight, level, and ' plumb. Ensure items are not disturbed during concrete placement. E. Install waterstops continuous without displacing reinforcement, except as noted. F. Provide temporary ports or openings in formwork where required to facilitate cleaning and inspection. Locate openings at bottom of forms to allow flushing water to drain. G. Close temporary openings with tight fitting panels, flush with inside face of forms, and 'neatly fitted so joints will not be apparent in exposed concrete surfaces. 3.5 FORM CLEANING ' A. Clean forms as erection proceeds, to remove foreign matter within forms. B. Clean formed cavities of debris prior to placing concrete. IC. Flush with water or use compressed air to remove remaining foreign matter. Ensure that water and debris drain to exterior through clean -out ports. D. During cold weather, remove ice and snow from within forms. Do not use dc -icing ' salts. Do not use water to clean out forms, unless formwork and concrete construction proceed within heated enclosure. Use compressed air or other means to remove foreign matter. ' 3.6 FORMWORK TOLERANCES A. Construct formwork to maintain tolerances required by ACI 301. ' 3.7 FIELD OUALITY CONTROL A. Inspect erected formwork, shoring, and bracing to ensure that work is in accordance with formwork design, and that supports, fastenings, wedges, ties, and items are secure. 3.8 FORM REMOVAL ' A. Do not remove forms or bracing until concrete has gained sufficient strength to carry its own weight and imposed loads. B. Loosen forms carefully. Do not wedge pry bars, hammers, or tools against finish ' concrete surfaces scheduled for exposure to view. C. Store removed forms in manner that surfaces to be in contact with fresh concrete will not be damaged. Discard damaged forms. ' 3.9 SCHEDULES A. Walls and elevated slabs: Site fabricated plywood or steel forms. END OF SECTION 03100 03100 -Concrete Formwork.doc Garver Project No. 0296-3600(2) ' SECTION 03200 - CONCRETE REINFORCEMENT ' PART1-GENERAL ' Ll SECTION INCLUDES A. Reinforcing steel bars and accessories for cast -in -place concrete ' 1.2 RELATED SECTIONS A. Section 03100- Concrete Fonnwork ' B. Section 03300 - Cast -in -Place Concrete. 1.3 REFERENCES IA. ACI 301 - Structural Concrete for Buildings. B. ACI 318 - Building Code Requirements For Reinforced Concrete. C. ACI SP -66 - American Concrete Institute -Detailing D. ASTM A615 - Deformed and Plain Billet Steel Bars for Concrete Reinforcement. E. CRSI - Concrete Reinforcing Steel Institute - Manual of Practice. F. CRSI 63 - Recommended Practice For Placing Reinforcing Bars, G. CRSI 65 - Recommended Practice For Placing Bar Supports, Specifications and ' Nomenclature. 1.4 SUBMITTALS IA. Shop Drawings: Indicate bar sizes, spacings, locations, and quantities of reinforcing steel, bending and cutting schedules, and supporting and spacing devices. Submit details and obtain Engineer's review prior to placing. ' 1.5 DUALITY ASSURANCE A. Perform Work in accordance with CRSI 63, 65 and Manual of Practice. ' B. Submit certified copies of null test report of reinforcement materials analysis. 1.6 COORDINATION A. Coordinate with placement of formwork, formed openings and other Work. PART2-PRODUCTS 2.1 REINFORCEMENT A. Reinforcing Steel: ASTM A615, 60,000 psi yield grade; deformed billet steel bars, ' unfinished. 2.2 ACCESSORY MATERIALS ' A. Tie Wire: Minimum 16 gage annealed type. B. Chairs, Bolsters, Bar Supports, Spacers: Sized and shaped for strength and support of reinforcement during concrete placement conditions. ' 03200 -Concrete Reinforceinent.doc 03200-1 Garver Project No. 0296-3600(2) H SECTION 03200 - CONCRETE REINFORCEMENT (continued) C. Chairs, Bolsters, Bar Supports, Spacers Adjacent to Exposed Concrete Surfaces: Plastic coated steel type; size and shape as required. 2.3 FABRICATION ' A. Fabricate concrete reinforcing in accordance with CRSI Manual of Practice. PART 3- EXECUTION 3.1 PLACEMENT A. Clean reinforcing bars of rust, loose mill scale, mortar, oil, earth, and other , contaminants. B. Place, support and secure reinforcement against displacement. Do not deviate from required position. C. Do not displace or damage vapor barrier. D. Accommodate placement of formed openings. E. Straightening and rebending reinforcing steel: 1. Do not straighten or rebend metal reinforcement. 2. Where construction access through reinforcing is a problem, bundle or space bars instead of bending. F. Protection, spacing, and positioning of reinforcing steel: Conform to the current edition of the ACI Standard Building Code Requirements for Reinforced Concrete (ACI 318), reviewed placing drawings and design drawings. G. Location tolerance: Conform to the current edition of "Placing Reinforcing Bars" published by CRSI and to the Details and Notes on the Drawings. H. Splicing: L Conform to Drawings and current edition of ACI 318. 2. Stagger splices in adjacent bars. I. Tying deformed reinforcing bars: Conform to current edition of "Placing Reinforcing Bars" published by CRSI and to details and notes on drawings. J. Field bending: , 1. Field bending of reinforcing steel bars is not permitted when rebending will later be required to straighten bars. 2. Consult with Engineer prior to any pour if there is a need to work out a solution to prevent field bending. 3.2 FIELD DUALITY CONTROL A. Perform Work in accordance with CRSI 63, 65 and Manual of Practice. END OF SECTION 03200 03200 -Concrete Reinforcement.doc 03200-2 Garver Project No. 0296-3600(2) ' 7 1 SECTION 03300 - CAST -IN -PLACE CONCRETE PART1-GENERAL 1.1 SECTION INCLUDES IA. Cast -in -place concrete for curb and gutter, streets and crosswalks, thrust blocks, pipe bedding, reinforced concrete structures, retaining walls, lift stations, concrete pads around valve and meter boxes, and concrete encasement. ' 1.2 RELATED SECTIONS A. Section 03100- Concrete Formwork ' B. Section 03200 - Concrete Reinforcement. 1.3 REFERENCES • ' A. American Concrete Institute (ACT) latest edition. ACI 301 - Structural Concrete for Buildings. ACI 302 - Guide for Concrete Floor and Slab Construction. ' ACI 304 - Recommended Practice for Measuring, Mixing, Transporting and Placing Concrete. ACI 305R - Hot Weather Concreting. ACI 306R - Cold Weather Concreting. ' ACI 308 - Standard Practice for Curing Concrete. ACI 318- Building Code Requirements for Reinforced Concrete. Is. American Society for Testing and Materials (ASTM) latest edition. ASTM C33 - Concrete Aggregates. ' ASTM C94 - Ready -Mixed Concrete. ASTM C150 - Portland Cement. ' ASTM C260 - Air Entraining Admixtures for Concrete. ASTM C330 - Light Weight Aggregates For Structural Concrete. ASTM C494 - Chemicals Admixtures for Concrete. ' ASTM D1751 - Preformed Expansion Joint Fillers for Concrete Paving and Structural Construction (Non -extruding and resilient Bituminous Types). ' 1.4 DUALITY ASSURANCE A. Perform Work in accordance with ACI 301. ' B. Acquire cement and aggregate from same source for all work. C. Conform to ACI 305R when concreting during hot weather. ID. Conform to ACI 306R when concreting during cold weather. 1.5 PRODUCTION OF CONCRETE I03300 -Cast -In -Place Concrete.doc 03300.1 Garver Project No. 0296-3600(2) I SECTION 03300 - CAST -IN -PLACE CONCRETE (continued) 1.6 1.7 1.8 A. All ready -mix concrete shall be batched, mixed and transported in accordance with "Specifications for Ready -Mixed Concrete (ASTM C-94)". A. Plant equipment and facilities shall conform to the Check List for Certification of Ready -Mixed Concrete Production Facilities of the National Ready -Mixed Concrete Association. B. Site mixed concrete shall conform to the requirements of Specifications for Structural Concrete (ACI 301). C. The Contractor may elect to use either ready -mixed or site mixed concrete for this project provided the ENGINEER approves his choice. SAMPLES AND TESTS I I L LI I A. Cement will be accepted on the manufacturer's mill certificate of compliance with the specification requirements. B. Aggregates will be accepted from producers who currently are furnishing, or recently have furnished, aggregates acceptable for use in construction by the Arkansas State Highway Commission, subject to such sieve analyses as the Engineer may direct. STORAGE OF MATERIALS A. Cement shall be stored in a suitable weatherproof structure, which will protect the cement from dampness. Space shall be ample so that deliveries may be stored separately, and to provide easy access for identification and inspection. Cement shall be used in the order in which it is received. B. Aggregates shall be piled so that there will be good drainage, no segregation, no introduction of foreign matter. Fine and coarse aggregate shall be stored in separate stockpiles removed from each other a distance sufficient to prevent intermixing. PLACEMENT AND FINISHING OF CONCRETE A. All placement of concrete must be in the presence of the Engineer. The Contractor is cautioned that he may be required to remove, without compensation, any concrete placed in the absence of the Engineer. B. Equipment for chutes, pumping, and pneumatically conveying concrete shall be of such size and design as to insure a practically continuous flow of concrete at the delivery end without separation of materials. The free fall of concrete shall be held to a minimum. Concrete shall be deposited as nearly as practicable in its final position to avoid segregation due to rehandling or flowing. C, No concrete that has been contaminated by foreign material shall be used, nor shall reclaimed concrete be used. When placing is once started, it shall be carried on as a continuous operation until placement is complete. D. All structural concrete shall be vibrated as it is placed. The use of form vibrators is not acceptable. Internal vibrators shall be capable of vibrating frequencies of at least 4,500 impulses per minute. The duration of vibration shall not be longer than needed for consolidation without causing segregation of the components. The vibrator shall not be inserted more than six (6) inches into the any lower courses previously vibrated, I I I I I I I I I I I 03300 -Cast -In -Place Concrete.doc 03300-2 Garver Project No. 0296-3600(2) I I ISECTION 03300 - CAST -IN -PLACE CONCRETE (continued) •' Vibrators shall be inserted vertically with uniform spacing to insure that all portions of the concrete are effectively vibrated. E. Concrete shall not be placed when the ambient temperature is below 40°F, or below ' 35°F if the temperature is rising, or when the concrete is likely to be subjected to freezing temperatures before final set has occurred. Concrete footings or slabs shall not be placed over frozen ground. The temperature of the concrete when placed shall ' not be less than 45°F. F. Any and all concrete damaged by freezing shall be removed and replaced with new ' concrete at the expense of the Contractor. 1.9 SUBMITTALS A. Shop Drawings: Indicate concrete mixes, air entraining admixtures, chemical admixtures, waterstops, bonding agents, curing agents, sealers, and type of preformed expansion joint fillers as required. PART2-PRODUCTS 2.1 CONCRETE MATERIALS IA. Cement: Provide low alkali cement conforming to ASTM CI 50, Type II or Type 1/Il. B. Fine and Coarse Aggregates: ASTM C33. IC. Water: Water used in mixing concrete and mortar shall be free from injurious amounts of acids, alkalies, oil, sewage, and vegetable and shall be potable. 2.2 ADMIXTURES A. Air Entrainment: Shall confonn to ASTM C260. B. Chemical: ASTM C494 Type A - Water Reducing, Type B - Retarding, Type C - ' Accelerating, Type D - Water Reducing and Retarding, Type E - Water Reducing and Accelerating, Type F - Water Reducing, High Range and Type G - Water Reducing, High Range and Retarding. ' 2.3 JOINT DEVICES AND FILLER MATERIALS A. Joint Filler: ASTM D1751 Asphalt impregnated fiberboard or felt, 1/2 inch thick. 2.4 CONCRETE MIX A. Concrete Composition and Strength Requirements. Concrete shall be Class A or Class Is, and shall be composed of Portland cement, fine and coarse aggregate and water proportioned in keeping with the following: Class A Class B ' Concrete Concrete Minimum Sacks of Cement (per cubic yard) 6 5 Consistency range in slump, inches See Paragraph 2.4.B See Paragraph 2.4.8 Minimum compressive Strength at 28 Days 4000 psi 3000 psi Percent Air Content 4-7 N/A ' 03300 -Cast -ht -Place Concrete.doc 03300-3 Garver Project No. 0296-3600(2) P SECTION 03300 - CAST -IN -PLACE CONCRETE (continued) 1. The 28 -day compressive strength shall be determined in accordance with ASTM C39 and ASTM C31. 2. Specimens cured in accordance with ASTM C31 shall not have a compressive strength less than that shown above for the specified class of concrete. 3. No water will be added after the amount specified by the mix design. 4. Proportioning of concrete shall be by weight except that water may be measured by volume. 5. The weight to volume equivalent for cement and water shall be as follows: a. A 1 -cubic foot sack of Portland cement is considered to weigh 94 pounds. b. One gallon of water will be considered as weighing 8.33 pounds. 7. If made with high -early -strength cement, specified strengths shall be attained at the age of 7 days. B. MAXIMUM SLUMPS FOR VARIOUS TYPES OF CONSTRUCTION Types of Construction Maximum Used -Maximum Reinforced Foundation, Walls and Footings 5" 3" Slabs, Beams and Reinforced Walls 6" 5" Building Columns 5" 5" Pavements 3" 3" Note: Placed with a handheld high frequency vibrator C. Concrete Usage 1. Class A concrete shall be used for sidewalks, streets, curbs, gutters, ditch paving, driveways, and structures such as valve pits, wet wells, manholes, manhole bottoms, buildings, retaining walls, footings, piers, and pipe supports. 2. Class B concrete shall be used for pipe bedding, encasement, and thrust blocking. D. Any use of admixtures must be approved by the Engineer. Fly ash usage will be limited to a maximum of 20 percent by weight. E. Use accelerating admixtures in cold weather only when approved by Engineer. Use of admixtures will not relax cold weather placement requirements. F. Use set retarding admixtures during hot weather only when approved by Engineer. , G. Calcium Chloride shall not be used in the concrete. PART 3- EXECUTION ' 3.1 EXAMINATION A. Verify that anchors, seats, plates, reinforcement and other items to be cast into concrete are accurately placed, positioned securely, and will not cause hardship in placing concrete. 03300 -Cast -In -Place Concrete.doc 03300-4 Garver Project No. 0296-3600(2) I SECTION 03300 - CAST -IN -PLACE CONCRETE (continued) ' 3.2 PLACING CONCRETE A. Place concrete in accordance with ACI 301. ' B. Notify Engineer minimum 24 hours prior to commencement of operations. C. Ensure reinforcement, inserts, and embedded parts are not disturbed during concrete placement. D. Install vapor barrier under slab on grade. Lap joints minimum 6 inches and seal watertight by taping edges and ends. ' E. Repair vapor barrier damaged during placement of concrete reinforcing. Repair with vapor barrier material; lap over damaged areas minimum 6 inches and seal watertight. F. Maintain records of concrete placement. Record date, location, quantity, air temperature, and test samples taken. G. Place concrete continuously between predetermined construction joints. ' H. Do not interrupt successive placement; do not permit cold joints to occur. 3.3 CONCRETE FINISHING IA. Provide formed concrete surfaces to be left exposed with smooth rubbed finish. B. Finish concrete floor surfaces in accordance with ACI 301. • ' C. Concrete Finish I. Unless otherwise indicated, all faces exposed to view, such as walls, manhole barrels or top sections, grade beams, columns, beams, walls of water carrying ' conduits to a point l'-0" below normal water level, canopy soffits and fascias, etc. shall be finished as follows: ' 2. Forms shall be removed then all fins shall be removed, off -sets leveled, damaged places and depressions resulting from the removal of metal ties or other causes shall be carefully pointed with a mortar of sand and cement in the proportion which has been employed for the particular class of concrete treated. The surface film of all such pointed places shall be carefully removed before setting occurs. ' 3. After the point has set sufficiently to permit it, all exposed surfaces shall be dampened and rubbed with a No. 16 carborundum stone to a smooth even plane. Final rubbing shall be done with a No. 30 carborundum stone or an abrasive of equal quality to obtain an entire surface of a smooth texture and uniform color. 4. Mortar or grout worked up during rubbing shall be promptly removed by ' sacking with burlap or other suitable means so that no visible grout film or paste will remain. A cement wash or plaster coat shall not be used. All surfaces shall be finished uniformly smooth and washed clean. ' 5. The rubbed finish for any area shall be completed in the same (lay and the liinits of a finished area shall be made at natural breaks in the finished surface. I 03300 -Cast -In -Place Concrete.doc 03300-5 Garver Project No. 0296-3600(2) I SECTION 03300 - CAST -IN -PLACE CONCRETE (continued) ' 6. If the Contractor does not provide suitable surface finish using carborundum stones specified above, the Engineer, without additional cost to the Engineer, may require the use of a power operated grinding machine or other methods to produce the desired finish. D. Cementitious Waterproofing And Finish: As an option to the rubbed finish addressed above, all faces such as those described above may be finished using either "Thoroseal" by Thoro System Products or "Tneme-Crete Series 52 & 5" by Tnemec Co. or approved equal as described following: 1. Forms shall be removed then all fins shall be removed, off -sets leveled, damaged places and depressions resulting from the removal of metal ties or other causes shall be carefully pointed with a mortar of sand and cement in the proportion which has been employed for the particular class of concrete treated. The surface film of all such pointed places shall be carefully removed before setting occurs. After the point has set sufficiently to permit it, all exposed surfaces shall receive the following treatment: ' 2. Thoroseal coating mix shall be prepared using a solution composed of not less than one part Acryl 60 (approximately two quarts Acryl 60 per bag) and three parts of clean, potable water (for ceilings, use l part Acryl 60 to 2-1/2 parts of the water). This solution shall then be added to the Thoroseal mix slowly in sufficient quantity so that the mixture is the consistency of a heavy batter suitable for application by method specified. Color to be selected by the Engineer. 3. At the Contractor's option, one of the following methods of application shall be selected: a. Sprayed -on finish should be applied with plaster -type spray gun, not high- pressure paint type. Spray on evenly distributed coat of Thoroseal coating. To spot -fill deep holes, float or brush first coat before starting second spray application. Fill all holes and voids to even surface. Apply Thoroseal coating mix in 2 coats as follows: 1st Coat (Thoroseal) 2 lbs/sq. yd (1/16") 2nd Coat (Thorosheer) 1 lb/sq. yd (1/32") b. Trowel and float finish - Apply light trowel coat of Thoroseal coating mix , over entire surface to be treated. The workman shall make sure the material is firmly pressed into all voids and leveled. Allow this coat to cure thoroughly before applying the regular trowel application. When surface is set so it will not roll or lift, float uniformly using a sponge float. 4. Thoroseal coating mix shall be applied to surfaces at the rate of 3 to 4 lbs. per square yard for concrete. If the concrete is rough or untrue, sufficient material shall be applied to fill and seal all pores and voids. This application will be approximately 1/8" thick. Leveling uneven surfaces will require more material t per square yard. 5. Apply a final coating of "Thorosheen" at a rate of 200 sq. ft. per gallon. Color to be selected by Engineer. 03300 -Cast -In -Place Concrete.doc 03300-6 Garver Project No. 0296-3600(2) P 1 SECTION 03300 - CAST -IN -PLACE CONCRETE (continued) ' 6. Do not apply when temperatures are below 40°F (or due to fall below 40°F within 24 hours), or to frozen or frost -filled surfaces. 3.4 CURING AND PROTECTION ' A. General 1. Immediately following placing, all Class A and Class B concrete shall be protected from premature drying, hot and cold temperatures, rain, flowing water and mechanical injury. ' 2. Maintain above 50°F and in moist condition for at least seven (7) days after placing for normal concrete and three (3) days for high early strength concrete. Comply with Recommended Practice for Curing Concrete ACI 308, unless otherwise indicated. ' 3. Curing compound of satisfactory composition and characteristics may be used except on surfaces to which new concrete is to be bonded or surfaces ' scheduled to be painted or to receive other coating and provided such compound does not stain or discolor any surface which will be exposed. 4. Cure formed concrete surfaces, including undersides of beams, supported slabs ' and other similar surfaces by moist curing with forms in place for full curing period or until forms are removed. If forms are removed, continue curing by methods specified above, as applicable. B. Cold Weather Procedures I. Protect concrete work from physical damage or reduced strength which could ' be caused by frost, freezing actions, or low temperatures, in compliance with ACI 306, Cold Weather Concreting, and as herein specified. 2. When air temperature has fallen to or is expected to fall below 40°F, uniformly ' heat water and aggregates before mixing as required to obtain a concrete mixture temperature of not less than 50°F, and not more than 80°F at the point of placement. 3. Do not use frozen materials or materials containing ice or snow. Do not place concrete on frozen subgrade or on subgrade containing frozen materials. ' 4. Do not use calcium chloride, salt, or other materials containing antifreeze agents or chemical accelerators, unless otherwise accepted in mix designs. 5. The Contractor shall obtain and keep on the Project site a copy of the current ' edition of ACI 306, Recommended Practice for Cold Weather Concreting, for reference during all concrete operations in cold weather. C. Hot Weather Procedures I. When hot weather conditions exist that would seriously impair the quality and strength of concrete, place concrete in compliance with ACI 305, Hot Weather Concreting, and as herein specified. 2. Cool ingredients before mixing to maintain concrete temperature at time of placement below 90°F. Mixing water may be chilled, or chopped ice may be I03300 -Cast -In -Place Concrete.doc 03300-7 Garver Project No. 0296-3600(2) I SECTION 03300 - CAST -IN -PLACE CONCRETE (continued) H used to control the concrete temperature provided the water equivalent of the ice is calculated to the total amount of mixing. 3. Cover reinforcing steel with water -soaked burlap if it becomes too hot, so that ' the steel temperature will not exceed the ambient air temperature immediately before embedment in concrete. 4. Wet forms thoroughly before placing concrete. 5. Do not use retarding admixtures unless otherwise accepted in mix designs. 6. The Contractor shall obtain and keep on the project site a copy of ACI 305R, Hot Weather Concreting for reference during all concreting operations in hot weather. D. Protection From The Sun And Wind 1. All concrete shall be adequately protected from injurious action of sun and premature drying of the wind in a manner satisfactory to the Engineer. E. Temperature Control I. During and at the conclusion of the specified curing period, means shall be provided to insure that the temperature of the air immediately adjacent to the concrete does not fall more than 3°F in any 1 hour nor more than 30°F in any 24 hours. 3.5 FIELD QUALITY CONTROL , A. Perform work in accordance with ACI 301. B. Provide free access to Work and cooperate with appointed firm. C. Submit proposed mix design of each class of concrete to Engineer for review prior to commencement of Work. ' D. Tests of cement and aggregates may be performed to ensure conformance with specified requirements. E. Three concrete test cylinders will be taken for every 20 or less cubic yards of each class ' of concrete placed in any one day and/or in any event, not less than one set for each class of concrete each day it is used. F. One additional test cylinder will be taken during cold weather concreting, cured on job site under same conditions as concrete it represents. G. One slump test will be taken for each set of test cylinders taken. H. Testing shall be done in accordance with the following ASTM Specifications, latest edition: ' C31 - Standard Method of Making and Curing Concrete Compression and Flexure Test Specimens in the Field C39 - Standard Method of Test of Compressive Strength of Molded Concrete Cylinders C143 - Standard Method of Slump Test for Consistency of Portland Cement Concrete 03300 -Cast -In -Place Concrete.doc 03300-8 Garver Project No. 0296-3600(2) C I SECTION 03300 - CAST -IN -PLACE CONCRETE (continued) n I I I I I I I I I I I I I I H I C172 - Standard Method of Sampling Fresh Concrete 3.6 PATCHING A. Allow Engineer to inspect concrete surfaces immediately upon removal of forms. B. Excessive honeycomb or embedded debris in concrete is not acceptable. Notify Engineer upon discovery. C. Patch imperfections in accordance with ACI 301. 3.7 DEFECTIVE CONCRETE A. Defective Concrete is defined as concrete not conforming to required strength, lines, details, dimensions, tolerances or other specified requirements. B. Repair or replacement of defective concrete will be determined by the Engineer. C. Do not patch, fill, touch-up, repair, or replace exposed concrete except upon express direction of Engineer for each individual area. D. The concrete shall be considered acceptable if, for any one class of concrete, the average of all tests of any five consecutive sets is equal to or greater than the specified strength, provided that no more than one test in ten falls between 90% and 100% of the specified strength. The only cylinders to be used for determination of concrete acceptability will be those laboratory cured and tested at 28 days. E. When it appears the tests of laboratory -cured cylinders will fail to meet these requirements, the Engineer may require changes in the proportions of concrete for the remainder of the work in order to meet the strength requirements. In addition, the Engineer may also require additional curing on portions of the concrete already poured. F. The Engineer may also require tests in accordance with Methods of Securing, Preparing and Testing Specimen from Hardened Concrete for compressive and Flexural Strengths (ASTM Specification C42) when the concrete cylinder tests fail to meet strength requirements. G. In the event there still is question as to the quality of the concrete in the structure, the Engineer may require load tests for that portion where the questionable concrete has been placed. Such load tests will be made as outlined in Chapter 20 of American Concrete Institute Building Code, (ACI 318), and shall be at the expense of the Contractor. In -place testing shall be at the expense of the Contractor. 3.8 REMOVAL OF UNDER STRENGTH CONCRETE A. If the above tests indicate that a particular batch of previously placed concrete is under strength, the Engineer may direct that the under strength batch be removed and replaced. B. The removal of the under strength concrete shall also include the removal of concrete that has obtained the required strength if the Engineer deems this necessary to obtain structural or visible continuity when the concrete is replaced. C. Other remedial work to provide equivalent strength of concrete elements may be proposed by the Contractor for Engineer's review and possible acceptance. 03300 -Cast -In -Place Concrete.doc 03300-9 Garver Project No. 0296-3600(2) SECTION 03300 - CAST -IN -PLACE CONCRETE (continued) D. The removal and replacement of any under strength concrete or other remedial work shall be made at no additional cost to the Owner. This shall include any new formwork required or any reinforcing steel that may be required. The Owner shall not be charged any additional costs for any extra work that is required because of the failure of any concrete to meet the minimum test requirements. END OF SECTION 03300 03300 -Cast -In -Place Concrete.doc 03300-10 Garver Project No. 0296-3600(2) I H I J I H I I I I H H I I I I I SECTION 03400 - PRECAST CONCRETE PARTI- GENERAL 1.1 SECTION INCLUDES A. Precast concrete required for this Project. B. Reinforcing. C. Accessories. 1.2 RELATED SECTIONS A. Section 03100: Concrete Formwork B. Section 03200: Concrete Reinforcement C. Section 03300: Cast -in -Place Concrete 1.3 QUALITY ASSURANCE A. Qualifications of workmen: I. Provide at least one person who shall be present at all times during execution of this portion of the work and who shall be thoroughly trained and experienced in placing and erecting the type of concrete described herein and who shall direct all work performed under this Section. 2. Precast subcontractor shall be experienced in constructing the type of precast material required for the project. Submit data for approval. 3. For finishing of exposed surfaces of the concrete, use only thoroughly trained and experienced journeyman concrete finishers. 4. Approval required in advance in accordance with Document 00450 Equipment Questionnaire. B. Codes and Standards: 1. Comply with all pertinent codes and regulations and publication ACI 301 of the American Concrete Institute, latest edition. 2. Where provisions of pertinent codes and standards conflict with this Specification, the more stringent provisions shall govern. 1.4 SUBMITTALS A. Materials list: Before any precast concrete is delivered to the construction site, submit to the Engineer in accordance with Document 00450 Equipment Questionnaire a complete list of all materials proposed to be furnished and installed under this portion of the work, showing manufacturer's name and catalog number for all items such as bond breaker, inserts, chairs, and conduits. 1.5 PRODUCT HANDLING A. Protection: 03400 -Precast Concrete.doc 03400-1 Garver Project No. 0296-3600(2) I SECTION 03400 - PRECAST CONCRETE (continued) Use all means necessary to protect the materials of this Section before, during, and after installation and to protect the installed work and materials of all other trades. B. Replacements: In the event of damage, immediately make all repairs and replacements necessary to the approval of the Engineer and at no additional cost to the Owner. 1.6 DESIGN A. All design of prestressed members shall be done in strict accordance with procedures set forth in the current edition of ACT 318 "Building Code Requirements for Reinforced Concrete." B. All precast structural concrete members shall be designed to meet requirements of the Building Code. I iV;V *AMA ;Za7111M_K EN10RAL 1�y. A. Concrete: 1. Cement shall be Portland Cement conforming to ASTM C150, Portland Cement. 2. Aggregates shall conform in quality to ASTM C33 for heavyweight aggregate. 3. Heavyweight aggregates shall be graded crushed stone with a resulting unit weight of concrete of up to 155 pounds per cubic foot. 4. Water shall be clean and free of injurious and deleterious substances. 5. Concrete strength shall be minimum 5,000 psi at 28 days. B. Steel: 1. Prestressing steel shall be high tensile strength uncoated seven wire strand which is low -relaxation strand or has been stress -relieved as a unit after the wires have been formed into a strand. It shall be manufactured and tested in accordance with ASTM A416. Either 250K or 270K strand may be used. 2. All reinforcing bars shall conform to the requirements of ASTM A615 as required. 3. Welded wire fabric shall conform to the requirements of ASTM A185. 4. Cost in plates shall conform to the requirement os ASTM A36, or A440 as• required. 2.2 OTHER MATERIALS A. All other materials, not specifically described but required for a complete and proper installation of the work of this Section, shall be as selected by the Contractor subject to the approval of the Engineer. PART 3- EXECUTION 3.1 SURFACE CONDITIONS A. Inspections: G I I I I I I 7] I H H I I I I I 03400 -Precast Concrete.doc 03400-2 Garver Project No. 0296-3600(2) ' I 1 SECTION 03400 - PRECAST CONCRETE (continued) I1. Prior to all work of this Section, carefully inspect the installed work of all other trades and verify that all such work is complete to the point where this installation may properly commence. ' 2. Verify that the work of this Section may be performed in strict accordance with all pertinent codes and regulations, the original design, and the manufacturer's recommendations for the items being installed. ' B. Discrepancies: 1. In the event of discrepancy, immediately notify the Engineer. ' 2. Do not proceed with installation in areas of discrepancy until all such discrepancies have been fully resolved. ' 3.2 DUALITY A. Manufacturer of precast concrete shall be adequately equipped to form, place, and cure the required precast concrete, and shall have experience to produce precast concrete of required ' strength and water resistance. 3.3 PLACEMENT OF REINFORCEMENT IA. Place all reinforcement in strict accordance with the drawings and with the provisions of Section 03200 of these Specifications. 3.4 PLACEMENT OF CONCRETE ' A. General: I. Concrete shall be placed and compacted by tamping or vibrating to produce a ' dense waterproof product. 2. Finish all concrete surfaces in smooth finish to the tolerances described in Section ' 03300 of these Specifications. B. Curing: Cure all concrete of this Section in strict accordance with the methods specified in Section '03300 or approved alternative. 3.5 OPENINGS IA. Locations and sizes of all openings 3 inches wide or larger to be cast into the members, if not shown on the contract drawings, must be supplied when shop drawings are submitted for approval. All other openings not so located shall be job cut by the various trades ' requiring them. All holes less then 3 inches in dimension through precast members are to be matte by drilling or cutting in the field, by the various trades requiring them. However, field holes or cuts may not be made in the precast members without prior approval of the ' manufacturer. 3.6 ERECTION '• A. Responsibility: The entire method and sequence of erection shall be the responsibility of the Contractor. ' B. Alignment: ' 03400 -Precast Concrete.doc 03400-3 Garver Project No. 0296-3600(2) I I 1 1 1 1 SECTION 03600 - GROUT PARTI- GENERAL 1.1 SECTION INCLUDES A. Pipe and equipment grout. 1.2 RELATED SECTIONS A. Section 03100: Concrete Form Work B. Section 03300: Cast -in -place Concrete 1.3 QUALITY ASSURANCE A. Comply with the following codes, standards, test and recommended practices as applied to precision grouting: L ACI 304-73: Recommended Practice for Measuring, Mixing, Transporting and Placing Concrete. 2. ACI 305-77: Recommended Practice for Hot Weather Concreting. 3. ACI 306-78: Recommended Practice for Cold Weather Concreting. 4. U.S. Corps of Engineers CRD-C 621-80: Specifications for Nonshrink Grout. 1.4 SUBMff I'AI.S A. Submit product data and application instructions for review. 1.5 PRODUCT HANDLING A. Protection: Use all means necessary to protect product before, during, and after installation. PART2-PRODUCTS 2.1 PIPE AND EQUIPMENT GROUT A. Grout shall be Masterflow 713, Sonogrout or approved equal. Material shall be ready -lo- use, non -shrink, non-ferrous, high strength for interior or exterior use. Material shall not contain gas -generating or air -release agents. Mix shall be a plastic consistency. 03600-Grout.doc 03600-1 Garver Project No. 0296-3600(2) L SECTION 03600 — GROUT (continued) PART 3- EXECUTION 3.1 GENERAL A. All areas to be grouted shall be clean and free of oil, grease, dirt and contaminants. All metal components to be in contact shall be de -rusted and free of paint or oils. B. All concrete to come into contact with the grout shall be thoroughly saturated by dampening or soaking prior to placement of grout. Remove excess water from holes and voids, 3.2 FORMING A. Forming procedures shall be followed which allow for rapid and continuous placement of grout, and complete filling of the space to be grouted. Support elements shall be anchored so that no movement is possible. Wood surfaces that can absorb moisture shall be treated. 3.3 MIXING AND PLACING I 11 H I I I A. Mixing grout shall be in a paddle -type mortar mixer or other suitable mechanical mixer. I B. Place grout immediately after mixing. Do not mix more than can be placed within the manufacturer's allotted work time. Grout shall be placed in accordance with standard grouting procedures and recommendation of ACI for placing and curing of concrete. Placing of grout shall be within a temperature of 45 degrees to 75 degrees F. END OF SECTION 03600 I I I H J 1l I I 03600-Grout.doc 03600-2 Garver Project No. 0296-3600(2) ' I I C C SECTION 09961- EXTERIOR COATINGS PART 1 -GENERAL 1.1 SECTION INCLUDES A. Exterior Coating systems for concrete sewer manholes, concrete structures, and concrete pump station wet wells. '• 1.2 RELATED SECTIONS A. Section 02601 — Cast -In -Place Manholes ' B. Section 02602 — Pre -Cast Concrete Manholes 1.3 REFERENCES A. American Society for Testing and Materials (ASTM), latest edition. ASTM D 4263 — Standard Test Method for Indicating Moisture in Concrete by the Plastic Sheet Method. ' ASTM D 4414 - Standard Practice for Measurement of Wet Film Thickness of Organic Coating by Notched Gages B. Other Standards, latest edition. ICRI Guideline No. 03732 — Selecting and Specifying Concrete Surface Preparation for Sealers, Coatings, and Polymer Overlays ' 1.4 SUBMITTALS A. General: Submit listed submittals in accordance with conditions of the Contract and Section 01300- Submittals. ' B. Product Data: Submit manufacturer's product data for each coating, including generic description, complete technical data, surface preparation, and application '• instructions. C. Manufacturer's Quality Assurance: 1. Submit manufacturer's certification that coatings comply with specified ' requirements and are suitable for intended application. D. Applicator's Quality Assurance: I. Submit certification that the foreman to be utilized on this project has overseen the application of 30,000 square feet of similar coatings in the last three years. ' I. Manufacturer's Field Report: Provide copy of report from manufacturer's representative confirming that the surfaces to which coating is to be applied are in a condition suitable to receive same. ' 1.5 DUALITY ASSURANCE A. Manufacturer's Qualifications: I. Specialize in manufacture of coatings with a minimum of 10 years successful experience. 2. Able to demonstrate successful performance on comparable projects. ' 09961 -Exterior Contings.doc 09961-1 Garver Project No. 0296-3600(2) I SECTION 09961- EXTERIOR COATINGS (continued) B. Applicator's Qualifications: Experienced in application of specified coatings for a minimum of 5 years on projects of similar size and complexity to this Work. C. Pre -Installation Conference: Prior to beginning exterior coating operations, a meeting will be held with Contractor, coating sub -contractor, Engineer, Owner's representative, and coating manufacturer's representative to verify and review the following: 1. Project requirements for coating as set out in Contract Documents. 2. Manufacturer's product data including application instructions. 3. Substrate conditions and procedures for substrate preparation and coating installation. Applicator shall be familiar with the overall condition of structures to be coated prior to the conference. D. Technical Consultation: The coating manufacturer's representative shall provide technical consultation on coating application. 1.7 DELIVERY. STORAGE AND HANDLING A C. Delivery: Deliver materials to site in manufacturer's original, unopened containers and packaging, with labels clearly identifying: 1. Coating or material name. 2. Manufacturer. 3. Color name and number. 4. Batch or lot number. 5. Date of manufacture. 6. Mixing and thinning instructions. Storage: Store materials in a clean dry area away from open flame, heat, and strong oxidants. Store materials within temperature range as recommended by manufacturer. 2. Keep containers sealed until ready for use. 3. Do not use materials beyond manufacturer's shelf life limits. I I Li Li I I I I LJ I H I Handling: Protect materials during handling and application to prevent damage or contamination. Handle materials according to their material safety data sheets. PART 2- PRODUCTS 2.1 MATERIALS A. Coating System: The coating system shall be designed for hydrostatic loading and shall be continuously bonded to all brick, mortar, concrete, chemical sealant, grout, pipe, and other surfaces outside the manhole. I I I 09961-ExteriorCoatings.doc 09961-2 Garver Project No. 0296-3600(2) I I H I L I I I SECTION 09961- EXTERIOR COATINGS (continued) 2. When cured, the system shall form a continuous, tight fitting, hard, impermeable, pinhole free coating that effectively seals the exterior surfaces of the concrete structures and prevents any infiltration of groundwater through the coating. 3. Acceptable exterior coating systems shall be: A. Kop Coat — Bitumastic Black Solution B. Tnemec — 46-465 H.B. Tnemecol C. Approved Equal B. Repair Materials: 1. Acceptable repair materials shall be as recommended by the coating manufacturer and shall provide adequate bonding to the substrate and coating system. C. Equipment: All equipment for surface cleaning, surface preparation, and coating application shall be approved for use by the coating manufacturer. ' PART 3 - EXECUTION 3.1 PROTECTION OF SURFACES NOT SCHEDULED TO BE COATED A. Protect surrounding areas and surfaces not scheduled to be coated from damage during surface preparation and application of coatings. ' B. Immediately remove coatings that fall on surrounding areas and surfaces not scheduled to be coated. 3.2 AREA PREPARATION ' A. All structures to be coated shall be readily accessible to applicator. B. Appropriate actions shall be taken to comply with local, state, and federal regulatory ' and other applicable agencies with regard to environment, health, and safety. C. Surface cleaning, surface preparation, and coating application shall not commence until the concrete substrate has properly cured for a minimum of 28 days. D. The temperature of the surface to be coated shall be maintained within the range recommended by the manufacturer. Concrete surfaces that have been in direct sunlight must be shaded for 24 hours prior to application of coating materials. Prior ' to and during application, care should be taken to avoid exposure of structure be coated to direct sunlight or other intense heat sources. Application of coating materials shall not be performed when the concrete surface temperature is rising or in ' direct sunlight to avoid blistering due to thermal expansion of trapped air or moisture in the substrate. ' E. Applicator shall inspect all surfaces specified to receive a coating prior to surface cleaning and preparation. Applicator shall notify Engineer of any noticeable disparity in the surfaces which may interfere with the proper preparation or application of the repair or coating materials. ' 09961 -Exterior Coatings.doc 09961-3 Garver Project No. 0296-3600(2) I SECTION 09961 - EXTERIOR COATINGS (continued) rJ 3.3 SURFACE PREPARATION A. All contaminants including oil, grease, waxes, form release, curing compounds, efflorescence, sealers, salts, and other contaminants shall be removed. B. A water drop test shall be utilized to test the concrete surface for the presence of hydrophobic contaminants. A droplet of water is placed on the concrete surface and its wetting behavior is observed. If the water droplet flattens and "wets out" the concrete surface, it is likely that the concrete is not contaminated. If the water droplet beads up on the surface like rain on a freshly waxed car, it is likely that the concrete is contaminated. C. Suitable surface cleaning methods for removing oils, grease, and other chemicals from the substrate are low pressure detergent/degreaser water cleaning and low pressure hot water cleaning. ' D. Surface preparation shall achieve surfaces that are sound, clean, smooth, even, and free of laitance, fins, protrusions, chemical contaminants, dust, and standing water. Surface preparation shall also result in a surface with a neutral pH and a concrete surface profile (CSP) as recommended by the coating manufacturer. E. Suitable surface preparation methods are abrasive blasting and water jetting. Surface preparation procedures shall be in accordance with ICRI Guideline No. 03732. F. Al! surfaces shall be inspected during and after surface preparation and prior to application of the coating system. Any evidence of remaining contamination or laitance shall be removed by additional cleaning or surface preparation before proceeding with the application of the coating. G. Application of Repair Materials: I. All structural cracks, voids, bugholes, and honeycombs shall be filled and floated with an approved repair material. 2. Approved repair materials shall be trowel or spray applied using proper equipment to specified surfaces. Repair materials shall be applied and prepared to provide a surface with a profile equivalent to the ICRI concrete surface profile (CSP) recommended by the coating manufacturer. 3. Repair materials shall be permitted to cure according to manufacturer recommendations. Curing compounds may not be used unless approved by the coating manufacturer for compatibility with the specified system. 4. Application of the repair materials, if not performed by the coating applicator, shall be observed by the applicator's representative to ensure proper finishing for suitability to receive the coating system. 3.4 APPLICATION OF COATING SYSTEM A. Exterior coating system shall be applied to a total minimum dry film thickness of 30 mils. B. Application procedures shall conform to the recommendations of the coating manufacturer, including material handling, mixing, environmental controls during application, allowable moisture levels, safety, equipment, pressure settings, and application techniques. , 09961 -Exterior Coatings.doc 09961-4 Garver Project No. 0296-3600(2) I SECTION 09961— EXTERIOR COATINGS (continued) C. Do not use mixed coatings exceeding manufacturer's recommended pot life. L I L I L L L L L L L L I I D. The coating materials must be applied by a certified or approved installer of the coating system. F. The spray applied coating, including any recommended basecoat or primer, shall be applied to the manufacturer's recommended average and minimum dry film thicknesses and number of coat applications. F. The elapsed time between succeeding coats shall be as specified by manufacturer. G. No application shall be made to frozen surfaces or if freezing is expected to occur inside the structure within a time period detrimental to the uncured coating. FI. Applied coatings shall be free of film characteristics or defects that would adversely affect performance or appearance of coating systems. 3.5 FIELD DUALITY CONTROL A. Contractor's Services: I. Verify coatings and other materials are as specified. 2. Verify surface preparation and application are as specified. 3. Verify dry mil thickness of each coat and total dry mil thickness of each coating system are as specified using wet film and dry film gauges. 4. Coating Defects: a. Check coatings for film characteristics or defects that would adversely affect performance or appearance of coating systems. 5. Report: a. Submit written reports describing inspections made and actions taken to correct nonconforming work. b. Report nonconforming work not corrected. c. Submit copies of report to Engineer and Contractor. B. Manufacturer's Field Services: Manufacturer's representative shall provide technical assistance and guidance for surface preparation and application of coating system. 3.6 TESTING AND INSPECTION A. A wet film thickness gage, conforming to ASTM D4414, shall be used during coating application to ensure a monolithic coating and uniform thickness during application. END OF SECTION 09961 ' 09961 -Exterior Coatings.doc 09961-5 Garver Project No. 0296-3600(2) . AYETTEVI LLE 1 HE CITY OF FAYETTEVILLE, ARKANSAS April 10th, 1996 1 City of Fayetteville 1 113 West Mountain Street Fayetteville, Arkansas 72701 Re: Standard Water Line Specifications These STANDARD WATER LINE SPECIFICATIONS are hereby promulgated by the City Engineering Division under authority granted by the Fayetteville City Council by Resolution 46-96 dated April 2nd, 1996, as approved by the Water and Sewer Committee on February 15th, 1996, and as approved by the Mayor of the City of Fayetteville. 1 1 1 1 1 i i 113 WEST MOUNTAIN 72701 501.521.7700 CAV COLCIC.COC7 I I RESOLUTION NO. 46-96 A RESOLUTION AUTHORIZING THE ENGINEERING I. DEPARTMENT TO PROMULGATE POLICIES, PROCEDURES AND SPECIFICATIONS FOR WATER LINES, SEWER LINES AND STREETS. - BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYET 'EVILLE, ARKANSAS: Section 1. That the Engineering Department is hereby authorized to promulgate policies, procedures and specifications for water line, sewer lines and streets. £ect1on 2. That such policies, procedures and specifications for water lines and sewer lines shall be reviewed and approved by me Water and Sewer Committee of the City and shall. be approved by the Mayor. S.cUQn_3. T['ra_ such policies, procedures and specifications for sr-r-ets S;:all be. reviewed and approved by the Street Committee of the City Council and shall be approved by the Mayor. ' PASSED AND APPROVED this 2nd day of April , 1996. . APPROVED: • ed Hanna, Mayor ATTEST (A By: ' Traci Paul, City Clerk f.. . /r: • A. TABLE OF CONTENTS PART A GENERAL REQUIREMENTS• 1. Requirements to Extend Water Service................ 1 2. Minimum Size of Water Lines.......................... 1 3. city Participation in Water line Costs............... 2 4. Easements........111.1.......... .•. ................... 2 5. Permits.............................................. 3 6. Approval of Water Extension Plans .................... 3 7. Inspections and Testing Procedures ................... 3 8. Final Acceptance by the City ......................... 5 9. Location of Water Lines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 10. Fire Hydrant Spacing ..................... .. . . .. .. . ... 5 11. Water System Study.. . . . . . . . . . . . . . . . . . . •. . .. . . . . . . . . . . 6 12. Applicability........................................ 6 PART B. MATERIALS 1. Pipe and Fittings. •....... . . . . . . . . . . . . . . . . . . . • .. . . 1 2. Polyethylene Encasement (Pipe Wrap).................. 3 3. Detectable Tape.......1..... ......... ...1............. 3 4. Bac}:fill Materials.......11.111.1 .................... 3 5. Pipe Bedding Materials. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6. Tracer Wire.. . . . . . .. . . . . ... ........................... 4 7. concrete. . . . . . . . . .. . . • • • •4 . • • • • .. . . . . . . . . . . . . . . . . 4 8. Steel Encasement Pipe. . . . . . . . . . . . . . . . . . . . . . . . - . . . . . - . S. Gate Valves.... . . . . . . . . . .... ..... . .. .1111 ............. 5 10. Butterfly ValVe6 ...................111*011.....1111.. 6 11. Valve Boxes..... •4••S•• ••••• . . . . ................ 7 12. Fire Hydrants........... ........ . . .. .. .. . .. . ... ...... 7 13. Tapping Sleeves.... ........ . . 1111.... . .. . . . ... . . . . .. . 8 14. Service Connection Materials...... . . . . ... . . ... . . . . . . . 8 PART C. CONSTRUCTION METHODS 1. Pipe Laying...........1.01.0......................... 1 21 Pipe Trench, Excavation.......... 1 ................... 5 3. Pipe Trench, Backfill..........11...1............... 5 4. Installation of Meter Box settings ................... 7 5. Valve and Valve Box Installation ..............1.11.1. 7 6. Fire Hydrant Installation.........1...1111..1..1111.. 8 7. Blow -Off Construction .............: .................. 9 8. Clean-Up....................11.1...............1.11..1 9 9. Pavement Repairs...... . . . . . . . . . . . . . . . . .•.. . .......• . . . 12 10. Barricades, Guards, and Safety Provisions............ 13 11. Maintenance of Traffic and Closing of Streets........ 13 1 1 1 1 1 n I STANDARD SPECIFICATIONS FOR WATER LINES PART A, GENERAL REQUIREMENTS 1. Requirements to Extend Water Service: ' All new development of any kind shall be required to extend water services to that development at the owner's expense. Water service shall include providing adequate domestic water flows as ' well as fire protection with hydrants spaced in accordance with the local and state fire codes. On subdivision or large scale development water systems, water ' lines shall extend to the subdivision property line where future streets are either planned or built to serve adjacent property. Construction of such extensions shall be at the expense of the ' developer. At other locations easements may be required to facilitate future extension of lines to adjacent properties. The requirements to extend water service and provide lines adequate for both domestic and fire demands shall apply to all ' subdivisions regardless of whether they are inside the City Limits or not. Where subdivisions are outside the City Limits, the placement of fire hydrants shall be optional and in no case shall hydrants be installed outside the City unless a) a fire flow of at ' least 500 gal..lons per minute can be ohtainsd at the hydrant, and b) the residents being served by the hydrant have a contract for fire protection with the City of Fayetteville and/or with a Washington County Rural Fire Department having a mutual aid agreement with t:he Fayetteville Fire Department. 2. Minimum Size of Water Lines: The minimum sized line that may be• installed in connection •' with a subdivision is Six (6) inch. This is required even if the line is being extended from an existing line that is smaller than Six (6) inches. Two (2) inch lines may be approved for cul-de-sacs provided the line could not be reasonably extended in the future to ' provide service to adjacent property and where a larger line is not needed to provide either fire protection or adequate domestic flows. Eight (8) inch lines shall be required where needed to maintain or to create an Eight (8) inch water line grid at a spacing of about 1/4 of a mile in both the north -south and east- ' west direction. A spacing of less than 1/4 mile may by required to accommodate domestic or fire demands. Lines larger than eight (8) inches will be required as recommended by the latest Water System ' Study. Part A, General 1 1 II I The minimum line size requirement for the provision of fire protection shall be a looped 6 -inch line or, in the event of a dead end line, an 8 -inch. This minimum requirement shall apply regardless of the theoretical flow capacities existing in the system. Even where a 6 -inch loop may be attained, the City Engineer may require the installation of an 8 -inch line in certain locations where loops are long, and where large developments are involved. Lines larger than 8 -inch may be required if they are needed to provide domestic and fire flow demands for a development. 3 city Participation in Water Line Costs: In cases where the City desires to have a larger sized water line in place than is required under Part 1, Paragraph 2 of these Specifications, the City may enter into an agreement with the developer to provide for the construction of the larger sized line. I In that event, the City shall be responsible for the difference in material and installation cost between the size line required for the developer and the size line desired by the City. The City shall not be responsible for any engineerinu cost associated with the up -sizing unless the larger size line is more than 12 -inches in diameter. The City shall not participate in the Li J numoer at (:U SS,V m!_r:i QGN !l1VUAVCU bIt c 1t V11-urvC.LVkl m 4;u .__j-.-ua The cost involved in up -sizing shall be determined by the developer's engineer by the taking of bids, and shall he approved by the City Engineer and by the City Council and/or Mayor. 4. Easements: Easements for water lines shall be at least 20 feet in width regardless of the size of the water line. The easement may be designated specifically for water line purposes or it may be a general utility easement. Lines sized 12 -inches through 18 -inches shall not be placed in easements of less than 25 feet. Lines larger than 18 -inches shall be placed in an easement of no less than 30 feet. Wider easements may be required, depending on the specific circumstances involved. Easements of a lesser width will be considered when adjacent to another easement or under other special circumstances. Also, where easements are required between lots, the City will consider 16.foot easements (to coincide with setbacks). Part A, General 2 LJ I I I J I C I L I 1J I I I I H H I No construction of any kind may begin without an erosion_ ' control plan on file with the City in accordance with the City's Excavation and Grading Ordinance. The erosion con ro measurer l_1's raw bales, silt dams, silt ponds, etc.) must be in place in the field prior to construction. For projects 5 acres or larger in '• size, it is the responsibility of the contractor to have on file with the Arkansas Department of Pollution Control and Ecology a "Notice of Intent". ' Written notice of the intent to begin construction must be given to the city no less than three (3) days nor more than ten (10) days prior to the construction start date. A pre -construction ' conference involving the Engineer of Record, Contractor, and the City is required prior to beginning construction. 5. Permits: All permits required to accomplish the work shall be the responsibility of the owner or engineer. Such permits may include but is not limited to permits for work within Highway Department R/W, railroad crossing permits, "Notice of Intent!' for Erosion Control (Arkansas Department of Pollution Control and Ecology), Drainage Permit, Grading Permit, and a "No Charge" tapping permit for fire service lines. Work shall not be started without the appropriate permit(s) in place. 6. Approval of Water Extension Plans: Detailed plans and specifications shall be required for all extensions and shall be prepared by a professional engineer registered to do business in the State of Arkansas. The plans and specifications shall be first approved by the City Engineer and then shall be forwarded to the State Department of Health by the Engineer of Record for their approval. In no case shall any water line construction be allowed before the City has written approval from the State Health Department. Private lines constructed for fire prevention purposes which have no metering device o.: backflow prevention device at the point of tie-in to the City main shall be treated as a public line and be subject to these specifications as far as engineering, OOnstruction techn:ialles, materials, testing, and i.n.so'ctions are concerned. After a final inspection and acceptance of the work, i:h2 line shall be owned and maintained by the owner of the property it serves. I I Part A, General [J 7 InI Inspections and Testing Procedures: All field tests required for a project shall be witnessed by the City in the presence of the Engineer of Record and the Contractor. The City representative shall be one of the Public Works Construction Inspectors. The Contractor's representative shall be the foreman or superintendent on the job. The Engineer of Record may be represented by an authorized and qualified representative. The City requires a 24 hour notice on all tests. Calls to the' City for the purpose of. setting test times shall be made by no later than 10:00 AM for test on the following day. Tests delayed by weather or other factors will be rescheduled, on the same basis. If a test cannot be reasonably scheduled so that a representative of the city can be present, the Engineer of Record, will witness the test and certify to the City the results. In no case shall a test be made without the presence of the Engineer of Record and the contractor. It is the responsibility o f the Engineer of Record and/or the contractor to coordinate the scheduling of tests with the City and with the other parties involved. ' The tests generally associated with water line construction are: a) The pressure testing of tapping sleeve installation_ b) The pressure testing of lines after installation c) The bacteriological (Bac-T) testing d) Fire Hydrant tests Generally, no contractor or Engineer of Record involvement i required in the taking of samples for the Bac-T test except tha the contractor is responsible for the proper flushing of the lin prior to samples being taken by the city. However, the City ma require the presence of the Contractor or Engineer of Record whe questions have been raised as to the methodology or techniques use in the sampling process. Bac-T samples are sent to the State Department of Health to testing. Results obtained by the City shall be forwarded to th Engineer of Record either by fax or by mail immediately upon receipt by the City. Part A, General U 1 I [1 I I I I I I I H I I I I H I I Lines failing the Bac-T tests shall be re -sampled as soon as practicable. If a line fails three (3) consecutive Bac-T tests, the line must be re -chlorinated before Bac-T samples can be taken again. The City shall not be responsible for the rescheduling of failed Bac-T tests. The fire hydrant test shall consist of checking the operation of the fire hydrant valve and flowing the fire hydrant. This shall be done after the pressure test has been completed and the fire hydrant valve shall be left in the open position. All equipment, materials, and labor required for testing shall be furnished by the contractor at his expense. 8. Final Acceptance by the City: The project shall be subject to a joint final inspection by a designated representative of the City Engineer's Office, a representative of the Fayetteville Water and Sewer Maintenance Department, the Engineer of Record, and the Contractor. A separate walk-through shall be made by the Meter Foreman to check the location, grade, and condition of water meter settings prior to final acceptance. The city will be deemed to have accepted water lines and appurtenances for ownership upon written notification to the Owner after final inspection. Once the City accepts the project for ownership, t.h.e Owner shall. be responsible for the provision to the City of a two (2) year maintenance bond for 100 percent: of the construction cost which shall cover defects in materials and workmanship. A walk-through shall be performed at the end of the two year period and all deficiencies corrected prior to release of the bond. City maintenance shall begin after expiration of the Two (2) year Maintenance Bond. Record drawings arc hereby required as a condition of final acceptance by the City. 9 Location of Water Lines: Water lines shall be placed on public streets either in the right of way or in an easement adjacent to the street right of way except that lines can go between lots when there is no other reasonable way to access a line or provide for future service. In no case shall lines intended for individual services be placed in the rear of lots or along back property lines. Part A, General FT I 10 Fire Hydrant Spacing: Maximum spacing for single family and duplex developments is 800 feet. Maximum spacing for all other residential development shall be 600 feet. Spacing and placement of fire hydrants within apartment complexes shall be as called for by local or state fire codes or as directed by the Fayetteville Fire Chief. For commercial and industrial developments, fire hydrant spacing shall be as called for by local or state fire codes, or as directed by the Fayetteville Fire Chief. 11. Water System Study: The City's latest Water System Study shall be the basis for decisions made in regard to required line sizes, water line locations, location of water pump stations, water tank sizes and location, and any other matter relating to the water distribution system. 12. Applicability: These regulations and requirements contained in Part A of these Standard Specifications shall be applicable to all land o:: parcels of land being developed for commercial, industrial, or residential use. The material and construction specifications contained in Parts B and C shall he applicable to all water line construction under the control of the City of Fayetteville. Part A, General CIS 11' I Li I I I I I I I I I I H I I I I I n I I I I I STANDARD SPECIFICATIONS FOR WATER LINES PART B, MATERIALS 1. PIPE AND FITTINGS: Allowable pipe materials shall be Polyvinyl Chloride (PVC) and Ductile Iron. Materials for mains larger than 24" shall be determined on a case by case basis. All pipe shall be designed for a working pressure of at least 200 psi except that for large pipe (30" in size or larger) the design working pressure shall be as called for by formal design. In no case shall the design working pressure be less than 150 psi. For pipe smaller than 24!' the allowable pipe sizes are 2, 6, 8, 12, and 18 inches. Polyvinyl Chloride Pipe - PVC pipe 2 inches in size shall be manufactured in accordance with ASTM D-2241. PVC pipe 6 inches through 12 inches in size shall be manufactured in accordance with AWWA Specification C900 and shall have an SDR of 14. The plastic material used in making the pipe shall be clean, virgin, Cell Classification 124548 PVC compound conforming to ASTM Resin Specification D-1784, latest revision. Clean, reworked material generated from the manufacturer's own production shall be acceptable as long as the pipe produced meets all the requirements of the specifications. Nominal laying length shall be 20 feet. Joints for 2 -inch plastic pipe shall. confo'rnl to ASTM Specification D-3139. Joints for plastic pipe 6 -inches and larger shall conform to AWWA C-900. Fittings for PVC pipe 2 inches in diameter shall comply with ASTM Specification D-3139, "Joints for Plastic Pressure Pipes Using Flexible Elastomeric Seals". Fittings for PVC pipe 6 -inches and larger shall conform to the specifications given for ductile iron pipe. ' Ductile Iron Pipe - Ductile Iron Pipe shall conform to the requirements of "Ductile Iron Pipe, Centrifugally Cast in Metal Molds or Sand -Lined Molds, for Water or Other Liquids," ' AWWA Standard C151, latest revision, and shall be designed to withstand compacted earth loadings as applied according to the conditions set out on the Plans with an AASHTO HS -20 truck live load. The external. loading shall be based on a soil ' density of 120 pounds per cubic foot and Type 3 standard laying conditions. ' Part B - Materials 1 I Ductile iron pipe shall be designed in accordance with the requirements of "Thickness Design of Ductile Iron Pipe", ANSI/AWWA C150/A21.50-91, effective March 1, 1992. Joints and joint materials for ductile iron pipe shall conform to ANSI/AWWA C105/A21.4. All ductile iron fittings shall conform to the requirements of ANSI/AWWA C153/A21.53, latest revision, for Ductile Iron Compact Fittings. I I [1 Restrained joint pipe and fittings shall be ductile iron pipe manufactured in accord with applicable sections of ANSI/AWWA C151/A21.51 and ANSI/AWWA C110/A21.10. All restrained joint pipe shall be "TR Flex," as manufactured by U. S. Pipe, "Flex - Ring" joint as manufactured by American Ductile Iron Pipe, or ' equal. swivel joint fittings shall have a retainer lip and swivel rotatable gland for positive restraint without tie rods. Restraint joints shall be used where testing will be done against closed valves, etc. Flanged pipe and fittings shall be in accordance with the requirements for "Flanged Ductile Iron Pipe with Threaded Flanges," ANSI/AWWA C115/A21.15, latest revision. Bolts and gaskets shall meet the requirements of ANSI/AWWA C1ll/A21.11, latest revision, for "Rubber -Gasket Joints for Ductile -Iron Pressure Pipe and Fittings." All ductile iron pipe and ductile iron pipe fittings shall' have a. standard thickness cement mortar lining in conformance to ANSI/AWWA C104/A21.4. All ductile iron pipe shall have a bituminous exterior coating unless otherwise specified. Exposed pipe may be required to have a factory prime coat consisting of one coat of Kop-Coat 240 Gold Primer, Kop-Coat 622 LCF Primer, or approved equal. The bituminous coating shall be approximately 1 mil thick and shall be factory applied to the outside of all pipe and fittings. The finished coating shall be continuous, smooth, neither brittle when exposed to the cold nor sticky when exposed to the sun, and shall be strongly adherent to the pipe or fitting. Joint lubricant shall be provided by the pipe manufacturer, and applied as per the manufacturer's recommendations. Part B - Materials 2 1 I Galvanized Steel Pipe and Fittings: Threaded fitting pipe for blow -offs shall be unlined Schedule 80 steel pipe and shall ' conform with the requirements of ASTM Al20-82, latest revision, and shall be galvanized in accordance with ASTM Specification A90-81, latest revision. Fittings for galvanized steel pipe shall be of cast iron, of standard design and ' dimensions, and be of uniform style and pattern. Fittings for galvanized steel pipe shall be galvanized in accordance with ASTM Specification A90-81, latest revision. Galvanized pipe and fittings shall be allowed for non -buried service only. 2. Polyethylene Encasement (Pipe Wrap): ' Polyethylene. encasement shall be in conformance to ANSI/AWWA C105, latest revision. The polyethylene film shall have a minimum ' nominal thickness of .008 -inch (8 mils), and shall be provided in either flat tube or sheet form. 3. Detectable Tape: Detectable tape shall be "Detect Tape" as manufactured by ' Allen Systems, Inc. or approved equal, and shall consist of a minimum thickness of 0.35 mils solid aluminum foil encased in a protective inert jacket that is impervious to all known alkalis, acids, chemical reagents and solvents found in the soil. The ' minimum . overall thickness of the tape s'nall be 5.5. ;n1l.s and the width shall not be less than 2 inches with a medium unit weight of 2 1/2 pounds/1 inch x 1000 feet. ' The tape shall be color coded and imprinted with the message as follows: ' Type of Color Utility Code Legend Water Safety Precaution Caution, Buried Blue Water line Below ' 4_Backfill Materials: Allowable backfill material shall be: ' (1) Class 7 Aggregate Base Course as specified in Table 303- 7., page 161, in section 303 AGGREGATE BASE COURSE, of the "Standard Specifications for HIGHWAY CONSTRUCTION," Edition of 1993, published by the Arkansas State Highway and Transportation Department. Part B - Materials 3 L_ I (2) sand. Sand shall consist of clean, hard, durable ' uncoated. grains free from lumps, clay and organic materials. All (100%) of "sand" shall pass a no. 8 sieve,.. (4) Red Clay Gravel or "Hillside" as approved by the City Engineer" (5) Native materials where the Class 7 materials is not ' required and where suitable (not to be used as bedding material. This material is to be placed above the bedding materials as defined in Part B of these specifications, Paragraph 5. 5. Pipe Bedding Materials: Pipe bedding materials shall be: a) The by-product of McClinton -Anchor's rock' crushing operation commonly known as grit, or equal b) Sand c) Class 8 Base (AHD Specification) d) Materials meeting either ASTM D448 size #67 or ASTM 02774 In no case shall the maximum dimension of rock exceed 0.50 inches. 6. Tracer Wire: Tracer wire shall be 14 gauge coated copper for underground' burial. 7. Concrete: ' Concrete for use as reaction backing or below -group encasement shall be Class "B", defined as concrete with five bag of cement per cubic yard of concrete and with a minimum 28 da compressive strength of 2,500 psi. 1 Part B - Materials L LJ C I 8. Steel Encasement Pipe: Encasement pipe for water mains shall be constructed of either spiral or straight welded steel and shall be sized as follows: ' Water Minimum Encasement Minimum Wall ASTM/AWWA Main Size Pipe Size Thickness Specification (inches) inches (inches) 4 - 6 12 0.250 ASTM A 53 8 16 0.250 AWWA C 102 12 - 16 24 0.250 " if ' 18 30 0.312 " " 20 - 24 36 0.312 " of 36 4B 0.375 " " ' 48 60 0.375 " " ' 9. Gate Valves: Gate valves shall be used for pipe up through 10 -inches in ' size. Gate valves shall be resilient seated type, non -rising stem gate valves, in conformance with the requirements of AWWh O509, ' latest revision, for °Resilien. Seated Gate Vaiv 5, 2 Through 12 NIPS, for Water and Sewage Systems." All gate valves s=tall be designed for a minimum of 200 psi working pressure. Al.l. gate valves shall be M&H, WW/ C509 Resilient Seated Gate Valves or ' approved equal. Approved equals are Waterous, Mueller, and Clow. All gate valves shall have ' seal shall be so designed that be replaced with the valve position. Gate valves shall have st< indicated on the Plans. Tapping I I I O-ring stem seals. The O-ring stem the seal above the stem collar can under pressure in the full -open tndard mechanical joint ends unless valve ends shall be flanged by MJ. Buried gate valves shall be designed for operation with a nominal 2 inch square operating nut. The standard direction of opening shall be open left as viewed from the top. Handwheels for gate valves shall be in conformance to AWWA C509. Part B - Materials 5 LI I The interior and exterior of the valve body, bonnet and seal plate shall have factory applied fusion bonded epoxy coating meeting AWWA•C550 latest revision. The valve shall be tested in accordance with AWWA C509, latest revision. 10 Butterfly valves_ L Butterfly valves shall be used for all pipe 12 -inches and larger except that 12" tapping valves shall gate valves. Butterfly valves shall be Class 250B in conformance with the requirements of AWWA C504, latest revision, for "Rubber Seated Butterfly Valves". All butterfly valves shall be groundhog type, as furnished by Henry Pratt Company, or approved equal. ' The valve body shall be constructed of cast iron ASTM A-126, Class B, and shall have integrally cast mechanical joint ends unless alternate valve ends are indicated on the Plans. Body thickness shall be in strict accordance with AWWA C504, latest revision, Class 2508. All butterfly valves shall he of the tight closing, synthetic rubber -seat type, as follows. 1) Valves 20 inches (nominal diameter) and smaller shall have bonded seats which are simultaneously molded in, vulcanized and bonded to the body. Seat bond must withstand 75 pounds pull under test procedure ASTM 0429, Method B. 2) On valves 24 inches and larger, all seats shall be of a synthetic rubber compound. Seats shall be retained in the valve body by mechanical means without retaining rings, segments, screws or hardware of any kind in the flow stream. Seats shall be a full 360° without interruption and have a plurality of grooves mating with a spherical disc edge seating surface. Valve seats shall be field adjustable around the full 360° circumference and replaceable without dismantling operator, disc or shaft and without removing the valve from the line. Valve discs shall be as follows. , 1) Valves 12 inches through 20 inches nominal diameter: Valve discs shall be constructed of alloy cast iron ASTM , A-436, Type 1. Part B - Materials 61 I 11 I ' 2) Valves 24 inches nominal diameter: Valve discs shall be cast iron with a stainless steel seating edge. 3) Valves 30 inches through 48 inches nominal diameter: Valve discs shall be ductile iron with a stainless steel seating edge. ' The valve shaft shall be constructed of stainless steel and the bearings shall be corrosion resistant and self-lubricating. The ' valves shall be equipped with a totally enclosed type operator, fully gasketed and grease packed, suitable for direct burial. The operator shall be designed for operation with a nominal 2 inch square operating nut for use with a T -wrench. Operators shall be ' designed to open with a counterclockwise rotation of the operator nut. ' All valves shall have factory applied fusion bonded epoxy coating meeting AWWA C550 latest revision. The valve shall be hydrostatically tested at 250 psi for leakage in accordance with AWWA C504, latest revision. Where valves are specifically shown and detailed on the ' plans to be painted, the valves shall be delivered to the job site factory blasted, cleaned and primed with one coat of Kop-Coat 340 Gold Primer or Kop-Coat 622 LCF Primer, or approved equal. • 11. 'Valve Pokes Valve boxes shall be constructed of cast iron. The valve box ' and appurtenances shall consist of a base, extensions as required, and a top section with a drop lid. The lid shall be marked with the word "WATER." All valve boxes shall be compatible with the ' gate or butterfly valves for which they are provided and shall be manufactured for use in roadways. ' 12. Fire Hydrants: All fire hydrants shall be dry barrel hydrants in conformance I. with AWWA C502, latest revision, for "Dry Barrel Fire Hydrants", and shall be designed for a working pressure of 200 pounds per square inch gauge. Pressure class 200 fire hydrants shall be ' three-way, painted white above the ground line with reflective paint 7216 3M. Approved fire hydrants are Mueller Centurion hydrants, Catalog No. A-423 or Waterous 5 1/4" WB67-90. The hydrant shall have a 6 inch mechanical joint inlet in conformance to the dimensions shown in ANSI/AWWA C110/A21.10, latest revision. Three-way hydrants shall have a 5-1/4 inch valve ' opening. Part B - Materials 7 I H I All f Ire hydrants shall be equipped with a two-piece barrel ' having a break -a -way flange at the ground line and shall be designed for a 42 -inch bury. Extensions shall be Mueller A-320 or approved equal. Hydrants shall be equipped with two 2-1/2 inch hose nozzles and one 4.5 inch pumper nozzle. The operating nut shall be a nominal 1-1/2 inch pentagon, National standard operating nut designed to open left (counterclockwise). Fire hydrants shall be equipped with a safety stem coupling and flange which are intended to fail upon vehicle impact without damage to the stem or main valve. All fire hydrants shall be tested in accordance with ' AWWA C502,.latest revision. 13. Tapping Sleeves: Li Tapping sleeves shall be designed for 200 psi and shall be JCM Type 432 for pipe six (6) inches through twelve (12) inches and JCM 412 for pipe greater than twelve (12) inches, or approved equal. Tapping sleeves shall be vinyl coated. 13_Ser ce Connection 4Sateriallss Materials for water main taps, service lines, and meter box assemblies shall, be: Copper Pipe. - . . . . . . . . . . . . . . . . . 3/4" Corporation Stop... 3/4" U Branch, 7.5" width......... 5/8" x 3/4" x 12" meter yoke...... 3/411 Tail Piece..............-.... 18" Cast'Iron Flat Meter Lid...... 18" x 24" PVC Meter Box, #501824 .30T, ) .275 wall thickness ................. Type K soft copper Mueller B-25008 Mueller H-15363 Mueller H-1402 Mueller H-14222 C-109, crouch Foundry Mueller/McCullough ' Tapping saddles for PVC and Ductile Iron shall be as manufactured by Mueller and Romac respectively. Part B - Materials 8 I [1 [J I I I I I I I I I I I I I I STANDARD SPECIFICATIONS FOR WATER LINES PART C, CONSTRUCTION METHODS 1. PIPE LAYING: All water pipe shall be laid and tested in strict accordance with the manufacturer's recommendations. For ductile iron pipe, ANSI/AWWA C600 shall apply. For PVC pipe, ASTM D-2774 shall apply. All water mains which cross sewers shall be laid to provide a minimum of 18 inches positive vertical clearance as measured from bottom of pipe to top of pipe. At all crossings, the water line pipe shall be adjusted to provide one full length of water line pipe over the sewer line with both joints located as far as possible from the sewer line. A ten (10) foot separation shall be maintained between water lines and sewer lines where those lines run parallel to each other. . care shall be taken not to exceed the manufacturer's recommendations on the degree of deflection allowed per joint of pipe. A pipe bend shall be installed where necessary to maintain conformance to those recommendations. Pipe, regardless of type, shall be. laid on 6 inches of bedding material. (see Part 3, Paragraph 5) and shall be covered to a depth of 6" over the top of the pip:: with the sa_'.e 7aterial. The bedding shall be hand tamped in the ditch prior to pipe inscal1ation and shall be hand tamped around and over the pipe. Raetion backing shall be installed at all points of unbalanced pressure. Required area of undisturbed soil for backing purposes shall be calculated based on the bearing strength of the soil (2000 pounds/square foot) maximum allowable unless proven otherwise by soil tests) and on a working pressure of 200 psi. Calculations shall take into account pressures due to water hammer. Sufficient concrete shall be used to properly transfer load from the fitting to the undisturbed soil in a uniform manner and without exceeding the strength of the concrete. The fitting shall be wrapped with 8 mil polyethylene prior to pouring the concrete. Concrete shall not extend over or around the fitting joints. All bends, tees, etc. shall remain open until inspected by the City. The transition from 6 -inch pipe to 2 -inch pipe shall be by ' means of a tapped 2 -inch plug. I I I All 12 -inch or smaller ductile_ iron 90 degree bends, tees, hydrant shoes, and other valves within 30 feet of a plug or reducer shall have retainer glands. Part C, Construction Methods 1 H H Where ductile iron pipe is being laid, polyethylene encasement shall be installed in accordance with ANSI/AWWA C105, latest revision, for either Method A, B or C installation. The encasement shall be provided for all fittings and all other buried iron appurtenances. The encasement shall be protected from prolonged exposure to sunlight to prevent deterioration of the polyethylene film. All iron fittings and all other iron appurtenances shall be wrapped with polyethylene. Pipe detection tape shall be provided in all trenches for water line construction, Installation shall be per manufacturer's recommendations and shall be as close as practical to. finished grade while maintaining a required minimum of 18 inches between the detection tape and the top of any pipe line. . A trace wire shall be laid adjacent to all PVC installations and shall be looped around the pipe at least once per joint and connected to all valves and fittings. At valves and meter box settings, the trace wire shall be brought up into the valve or meter box as indicated in the standard details. A tracing test may be required prior to final acceptance. Maximum pipe cover shall he 60 inches under normal conditions. Cover greater than 60 inches shall be allowed for short distances where required by field conditions. No hydrants shall be allowed where lines are greater than 60 inches deep. Minimum pipe cover shall. be 36 inches. Cover shall be measured from the top of the pipe barrel and shall be further defined as: a) Land Level Normal to the Direction of the Pipeline: Cover shall be measured from the top of the barrel of the pipe to the top of the existing natural ground surface. b) Cut Sections: Cover shall be required and shall be measured from the top of the pipe barrel to the planned grade. ' c) Fill Sections: Cover shall be measured from the top of the pipe barrel to the natural ground surface underlying the fill unless fill material is placed and properly compacted prior to laying the water line. d) Along and Under Streets: The Cover along streets shall be measured either from natural ground or the curb elevation, whichever results in the lowest absolute elevation of the pipe. Cover under streets shall be measured from the top of the subgrade. Minimum elevation for service lines under streets shall be 30 inches below the planned subgrade. That depth shall be maintained to•a point at least 5 feet outside of the curb, storm sewer line, or sidewalk. Service lines shall be wrapped with polyethylene in .areas where a grit or other bedding material is not required. Part C, Construction Methods 2 •1 Reasonable amounts of water for flushing, testing and disinfecting water lines will be supplied by the City. The work shall be coordinated to ensure that it will not be carried on during periods of high water usage. Water valves on the existing water system shall only be operated by, or under the direct 1 personal supervision of the City of Fayetteville Water Department. After completion of construction of all water lines or sections thereof, the Contractor shall flush, test and disinfect the new water lines as set out below. a) Flushing: The Contractor shall fill and flush the newly ' constructed lines and visually check all combination air release and vacuum valves, blow -off valve assemblies, line valves, and fire hydrants to assure proper operation. ' h) Hydrostatic Testing: ' All pipe on this project shall be tested as set out in AWWA C600, latest revision. Tests will be conducted only after the line is completed, including all t taps and meter settings as required and the backfill completed. These tests shall be performed by the Contractor in the presence of the City Inspectors and the Engineer of Record. The Contractor shall furnish all necessary pressure gauges, meters, and pumps and make all taps and connections. Each valved section of pipe shall be slowly filled with water ' and the specified test pressure shall be applied by means of a pump connected to the pipe in a manner satisfactory to the Engineer. Before applying the test pressure, all air shall be expelled from the pipe by permanent taps or corporation cocks where necessary. Test pressure shall be the greatest of 150 percent of the • static pressure or 200 psi, whichever is greater. The developer shall provide all pumps or other equipment necessary to maintain the test pressure within ±5 psi at the test point fora period of two hours. Fire hydrant valves shall be open during the pressure test. c) Leakage: The leakage test shall be conducted concurrently with the pressure test. Leakage shall be defined as the quantity of water that must be supplied into the newly laid pipe, or any valved section thereof, to maintain pressure within 5 psi of the above specified test pressure after the air in the pipeline has been expelled and the pipe has been filled with water. I Part C, Construction Methods II c' j I I The leakage for water pipe shall be within the limits set out in AWWA C600, latest revision.. No pipe installation will be accepted until the leakage is less than the number of gallons per hour as determined by the formula: L = (Si (D1 (P°•5) 133,200.•, . .. .. L = allowable leakage, in gallons per hour; S = length of pipe tested in feet; D = nominal diameter' of the pipe, in inches; and P = average test pressure (psi). Should any test of pipe laid disclose leakage greater than that specified, the leak shall be located and repaired and the line shall be re -tested. All visible leaks shall be repaired regardless of the amount of leakage. d) Disinfection: After successful pressure testing, the line(s) shall be flushed velocity equal to or greater than 2.5 feet per second. The line shall then be disinfected in accordance with AWWA O601, latest revision, for "Disinfecting Water Mains," continuous feed method, except that the placing of hypochlorite granules into the main during construction will not be permitted. The contractor shall take great care when flushing the line to assure proper drainage is available to prevent harm at any adjacent downstream location. Disposal of the disinfecting water shall be in a manner that will protect the public and the receiving waters from harmful concentrations of chlorine. such disposal shall be in accordance with all applicable EPA and ADPC&E regulations. After sterilization is complete, the Contractor shall then flush the sterilizing solution from the lines, and the treated water lines will then be placed into service. Bacteriological samples shall be taken by City personnel only. Samples shall be taken on two consecutive days and shall be taken only on Monday, Tuesday, or Wednesday. No water meters shall be set until. the samples have been approved in writing by the State. Water lines that dead end shall have a blow -off assembly located on the last joint of pipe as shown on the water line detail sheet. The last joint shall be blocked. Valves on dead end lines shall be placed on the next to last joint if possible and shall be restrained. Part C, Construction Methods 4 , I 2. Pipe Trench, Excavation: I The trench shall be excavated to at least 6 inches below the grade necessary to provide the minimum cover required. Trench width shall be outside pipe diameter at the bell plus 1 'foot either side, except for PVC pipe, the minimum trench width shall be the outside diameter of the pipe plus 8 inches. Maximum trench width shall be the outside diameter of the pipe plus 2 feet. Where the bottom of the trench at subgrade is found to be unstable or to include ashes, cinders, any type of refuse, vegetable or other organic materials, or large pieces of fragments of inorganic material which in the judgment of the Engineer should be removed, the trench shall be excavated and such material removed to the width and depth ordered by the Engineer. Before the pipe is laid the subgrade shall be made by backfilling with bedding material (Part B, Paragraph 5) in 6 inch uncompacted layers. The layers shall then be hand or machine tamped so as to provide a uniform and., continuous bearing and support for the pipe at all points along the pipe length. The sides of any excavation, when deemed necessary or as I required by State or Federal regulation, shall be properly supported with bracing, shoring or sheeting as the need may be. Such bracing and shoring shall be withdrawn as the work progresses. In. case the excavation is close enough to buildings or othe:c foundations as to endanger their stability by the removing of such bracing, when they shall be made secure and Jeft in piece, and the water line trench backfilled and thoroughly tamped with the bracing r in place. The Contractor shall provide sufficient pumps and other I necessary equipment to keep the trench free of water which may accumulate. If the bottom of the trench becomes soft and muddy, the Contractor shall remove all such soft material and replace it with bedding materials approved in Part B of these specifications. Under no conditions shall pipe be laid in a trench that has not been properly dewatered. The length of trench that may be opened ahead of the pipe laying operation shall be determined by field conditions. The contractor is responsible for the proper restoration of open trenches damaged by the weather or by other means. If, because of such trench damage, a different type of pipe bedding system is required to provide proper pipe support, the extra expense of such revised bedding shall be borne by the contractor at no cost to the City. Part C, Construction Methods I I I 3. Pine Trench. Backfill: After the pipe bedding has been placed (including up through 6" above the pipe, the trench, excavated areas around valves, fittings, fire hydrants, and other appurtenances shall be backfilled with excavated material free from rock larger than 6 inches within 18" of the top of the bedding and 81' in diameter thereafter. In no case shall rock material from blasting operations be allowed in the trench. All pipeline trench backfill shall be placed in layers of appropriate thickness and compacted using a mechanical, hydraulically -powered vibratory trench compactor or other equivalent equipment. Heavy compaction equipment shall not be used closer than 2 feet to the top of the pipe. Any backfill failing to meet the compaction requirements set out below shall be replaced and/or recompacted to meet the compaction specifications. I All trench backfill (except under paved or driving surface areas as detailed below) shall be compacted to 90 percent (minimum) of that of the adjacent undisturbed soil. Unless specifically noted on the Plans, no density testing will be required to prove compliance with the 90 percent density requirement. In areas where the trench is parallel to or crosses any paved 1 area or driving surface including streets, parking lots, future or planned streets, or driveways, the backfill shall be crushed stone as specified in Section 300 CRUSHED STONE BASE (AHTD Class 7). The Crushed stone trench backfill (aggregate base course, Class 7) shall be placed in 6 to 8 inch lifts and compacted to 95 percent modified Proctor density (ASTM D1557-78). Red clay gravel or "hillside" may be used as a backfill material in areas described in the above paragraph when specifically approved by the City Engineer and compacted in 6 to 8 inch lifts to'95 percent of standard proctor. One density test per crossing shall be required. Where the trench runs parallel to the driving or paved surface one density test shall be required per 500 feet or portion thereof. An additional test will be made for each test failure at approximately 100 feet either side of failing test. In areas to be topsoiled, the density of the backfill material shall be tested at a depth of 12 to 18 inches below the finished grade prior to the placement of the topsoil. In open fields and other areas where deemed appropriate, the trench may be overfilled and allowed to settle prior to final surface replacement. Trenches may be flooded to promote settlement in areas where it is deemed appropriate. Part C, Construction Methods 6 I I 4. Installation of Meter Box Settings: Meter box settings shall be located at the street right of way or easement line. Double meter boxes shall be placed on the property line between the two lots to be served. Single meter sets ' shall be placed in the center of the lot. The final grade at the meter box location shall be determined by the Engineer of Record and the meter box shall be placed at that grade. Up to the time of final acceptance by the City, it shall be the responsibility of the Owner to make whatever adjustments to meter boxes that might be necessary. After final acceptance by the city, any adjustment of meter boxes needed will be handled in accordance with existing or future City Ordinances that may govern the situation. M No meters shall be set by the City until the meter box is adjusted to the proper grade. Any boxes falling in driveways or sidewalks shall be relocated at the expense of the developer or lot owner. It shal]. be the responsibility of the Engineer of Record to ' place meter box locations on the Record Drawings and to mark them in the field. The Record Drawings shall indicate from where each lot is to receive water service. • 5. Valve and ValveBox Instal.lat.on_ El I I I L I Gate and butterfly valves shall be installed in accordance with AWWA C600, latest revision, Sections 3.3 and 3.6, and with either AWWA C504 or AWWA C509, as applicable, latest revisions, the manufacturer's recommendations, and these Specifications. Prior to installation, all valves shall be visually inspected for defects, and any foreign material in the valve interior removed. A valve box as specified shall be provided for each valve used in a buried service application. The valve box shall be installed so as not to transmit shock or stress to the valve. The valve box shall be centered and plumb over the operating nut of the valve with the box cover flush with the surface of the finished surface. The valve box shall be backfilled evenly around its perimeter with select material. The backfill material shall•be hand tamped so that the ground will not settle after placement of the concrete collar. Part C, Construction Methods 7 11 All valve box lids shall have an 18 inch square concrete collar placed around them. The collar shall be centered on the valve box lid and shall be 6 inches thick. The top of the pad shall be flush with the top of the box and the surrounding ground or roadway surface. Valve box collars shall not be constructed until every item of cleanup has been completed. 6. Fire Hydrant Installation: Prior to installation, all hydrants shall be inspected for direction of opening, cleanliness of inlet elbow, handling damage, and cracks. All hydrants shall stand• plumb within a tolerance of 1/8 inch horizontally in 12 inches vertically. The nozzles shall be parallel with, or at right angles to, the street with the pumper nozzle facing the curb. Hydrants shall be set to established grade with the nozzle centerline at least 18 inches above the ground. When hydrants are placed beyond the curb, the hydrant barrel shall be set so that no portion of the pumper or hose nozzle cap will be less than 12 inches nor more than 18 inches from the outside face of the curb. When set in the lawn space between the curb and the sidewalk, or between the sidewalk and the property line, no portion of the hydrant or nozzle cap shall be within 6 inches of the sidewalk. Each hydrant shall be connected to the main with a 6 inch ductile iron pipe branch and an independent 6 inch gate valve. The 6 inch branch of the.main line fittings shall be equipped with retaining lip and swivel gland for positive restraint,lace the without outrtie rods. Any change in grade needed to properly p shall be accomplished by the use of an "S" fitting. Drainage• shall be provided at the base of the hydrant by placing coarse gravel or crushed stone mixed with sand from the top of the reaction backing to at least 6 inches above the waste opening in the hydrant, and to a distance 3 feet around the elbow. No drainage system shall be connected to.a sewer. The bowl of each hydrant shall be braced against unexcavated earth at the end of the trench with concrete reaction backing. IN NO CASE SHALL THE CONCRETE BACKING BLOCK OR IMPEDE FLOW FROM THE FIRE HYDRANT DRAIN PORTS. I I 8 Part C, construction Methods , r7 I Li I I I I 1 I I I I 1 I I 1 !r 7. -Off Construction: The location of the blow -offs shall generally be as detailed. The exact location as well as the orientation and length of the piping shall be determined in the field to ascertain that the vertical riser extends above natural grade. 8. Clean -Up: These specifications shall apply in all cases unless the landowner involved indicates to the City a willingness to waive them. However, no waiver will relieve the contractor from the requirement to refill sunken ditchlines as necessary and to control erosion from the cut areas by seeding and mulching until grass is established. Also, no waiver will relieve the contractor from the requirement to leave the site neat and free from construction debris of all kinds. Any such waiver must be submitted in writing to the City and approved by the City Engineer. There are generally three classifications of cleanup for water line construction: Class I Cleanup. Areas of construction within lawns, gardens, or other well -kept areas, including street rights of way that are kept as lawns by adjacent landowners. Cl ss_Il Cleanup. Areas of construction within fields, meadows and street rights of way which ace mowed or cultivated (gardens excepted). Class III Cleanup. Areas of construction that are heavily brushed or wooded, steep rocky slopes, or other areas where it is not practical for the area to be cultivated. The method of cleanup for each of the classes defined above shall be as set out below. a)class I Cleanup - Lawns, Gardens. Etc. The trench shall he backfilled in accordance with these Specifications. After the topsoil has been replaced to the same depth as adjacent undisturbed areas over the damaged areas, the Contractor shall proceed immediately to hand rake the entire construction area to remove all. rock 1/2 inch or larger in diameter. Debris of every type shall be removed and all damaged tree limbs shall be pruned. After the area has been raked and accepted, it shall be seeded at the rate of 0.15 pounds per 100 square feet, using the following seed mixture (percent weight) Part C, Construction Methods E I Lawn Fescue 40% Blue Grass 30% Rye Grass (Annual) 30% During or after seeding is complete, all areas shall be covered with 10-20-10 fertilizer at the rate of 250 pounds per acre, or approximately one-half pound per 100 square feet. No watering will be required. However, after seeding and fertilization the entire area shall be rolled with a roller of sufficient size and weight to achieve a smooth finished surface prior to mulching. Straw mulch consisting of good grade clean straw, free of weeds or seed shall be placed over seeded areas and shall be uniformly spread so as to provide a thickness of approximately 2 inches when first spread. Where the existing ground cover does not contain any of the grasses as set out in the seed mixture above (Bermuda grass, zoysia, etc.), the Contractor shall be responsible for cutting, removing stockpiling and saving the existing sod on the job site. After constructing the water line and backfilling the trench, the sod shall be replaced to a condition equal to or better than that prior to construction. In the event that insufficient sod has been stored, or sod has been lost or destroyed, the Contractor shall be responsible for providing and installing new solid sod of the existing type to complete the cleanup. b) Class II Cleanup - Fields. Meadows, Etc. The trench shall be backfilled in accordance with the Pipe Specifications. After the backfill is completed and the surface over the trench left slightly rounded, the area shall be machine raked to remove all rock to a condition equal to the existing surface on the better side of the adjacent existing right•of way. All excess excavated material shall be removed from the site, including excess material which has accumulated around fence posts, trees, mailboxes, etc. All areas which have been disturbed, such as that caused by equipment tracks, shall be carefully backfilled and repaired as though it were a part of the actual trench• excavation. Seeding and fertilizing of these areas is required using the seed mixture and application rates set out below (percent expressed in terms of weight). Field Fescue 40% Rye Grass (Annual) 40% White Clover (Common) 20% Part C, Construction Methods 10 I I I I 1 I I I I I I I After the area has been accepted, it shall be seeded at the I. rate of 0.15 pounds per 100 square feet. During or after seeding is complete, all areas shall be covered with 10-20-10 fertilizer at the rate of 250 pounds per acre, or about one-half pound per 100 square feet. No watering will be required. However, after seeding and fertilization the entire area shall berolled with a roller of sufficient size and weight to achieve a smooth finished surface prior to mulching. Where the existing field grass is Bermuda, or other type not specified above, the contractor shall place such topsoil as required, and shall seed with the existing type grass so that an equivalent ground cover will be provided. ' Straw mulch consisting of good grade clean straw, free of weeds or seed shall be placed over seeded areas and shall be uniformly spread so as to provide a thickness of approximately 2 inches when first spread. c) Class III Cleanup - Steep, Wooded or Rocky Areas. The • trench shall be backfilled in accordance with the Pipe Specifications. After the trench backfill is complete, all damaged brush of every type shall be cut just below ground surface and all damaged limbs shall be trimmed. All brush and 1 debris shall be disposed of by the Contractor and the entire area shall. be machine raked so that the of construction is in a condition equal to the existing surface cn the better ■ side of the existing adjacent right of way. The area of the trench line shall then be seeded and ' tert:i.l.i.zed at the rate of 0.15 pounds per 1.00 square feet using the same seed mixture, fertilizer and application rates as set out under Class II cleanup, except that tall fescue (Kentucky 31) shall be used in place of field fescue. ' Straw mulch consisting of good grade clean straw, free of weeds or seed shall be placed over seeded areas and shall be uniformly spread so as to provide a thickness of approximately 2 inches when first spread. d) All Areas. All work within the construction area shall be cleaned to the satisfaction of the Owner. In general, all rocks, trash or rubbish of any nature shall be removed from the site of the work. I I I I During construction, the Contractor shall at all times keep work areas in a clean, neat and workmanlike condition. Excess pipe, excavation, brush and materials of construction shall be removed and disposed of as the'work progresses. In built-up areas, including lawns, the job site shall be cleaned up immediately behind construction. Streets and driveways blocked by excess materials after basic construction is completed will not be tolerated. Part C, Construction Methods 11 If the trench should settle while the Contractor is still on the job or within two (2) years of the project completion date, the Contractor shall make the required repairs at no additional cost to the Owner in accordance with the continuing responsibility provisions of these specifications. Failure of contractor to make necessary repairs during the one year period will be cause for Owner to make or contract for such repairs and invoice the Contractor for all costs: e) Restoration of Damaged Surfaces and Property. Where any pavement, trees, shrubbery, fences, poles or other property and surface structures have been damaged, removed or disturbed by the contractor, whether deliberately or through failure to carry out the requirements of the contract documents, state laws, municipal ordinances, or through failure.to employ usual and reasonable safeguards, such property and surface structures shall be replaced or repaired at the expense of the Contractor. f) Access after Construction. Unless otherwise directed, all areas shall be graded after construction so as to be accessible by four wheel drive vehicle. These clean-up specifications shall apply to on -site subdivision construction as well as off -site construction of water lines. The fact that the installation of. other utilities and/or house building activities: may damage such erosion control measures shall not exempt the developer from this requirement. 9. Pavement Repairs• All pavements which have been removed or damaged shall be repaired in accordance with these Specifications depending upon the type of pavement existing prior to construction. a. Asphaltic Pavement Repair. The existing pavement shall be saw -cut and removed to a point 18 inches beyond the: trench line limits, and brought to grade 9 inches below the top of the existing pavement. Six inches of 3000 psi concrete shall be placed and allowed to cure. This area shall then be resurfaced by applying asphaltic cement prime coat at the rate of 0.25 gallons/square yard, followed by a minimum of 3 inches of hot -mixed, hot -laid asphaltic concrete, laid to an elevation matching the existing finished grade. The hot -mixed, hot -laid asphalt • shall be compacted to 92 percent of theoretical density. Part C, construction Methods I 12 n LI I 1 I I 1J I I I I I I I I I I I one nuclear densimeter test per asphaltic patch or repair shall be performed. The asphaltic pavement repair shall be deemed acceptable by the Engineer upon a passing nuclear densimeter test at a location as directed by the Engineer. The cost of determining the compacted density shall be at the expense of the Contractor, Any unacceptable patch or repair shall be replaced and/or recompacted and retested at the Contractor's expense. b. Concrete Pavement Repair. The existing pavement shall be saw -cut and removed to a point 18 inches beyond the trench line limits, and brought to grade 9 inches below the top of the existing pavement. Concrete (4200 psi) shall be placed to match the existing surface. Joint sealer shall be placed in the area between the repaired surface and the original surface. c. Unpaved Driving Surface Repair. After the trench has been backfilled as set out elsewhere in these Specifications, the surface shall be brought to the existing grade with additional crushed stone base. where special paving surfaces exist, such as natural gravel, washed gravel, exposed aggregate, or other such special materials, then the final surfaces shall be replaced in kind except: where specifically noted otherwise. 10. Barricades3 "P'tGuards and Safety Y ov:i.s. ons: To protect persons from injury and to avoid property damage, adequate barricades, construction signs, warning lights and guards as required shall be placed and maintained during the progress of the construction work and until it is safe for traffic to use the highway. All material piles, equipment and pipe which may serve as obstructions to traffic shall be enclosed by fences or barricades and shall be protected by proper lights when the visibility is poor. Execution of all necessary safety precautions is the so' responsibility of the Contractor. 11. Maintenance of Traffic and Closing of Streets: The Contractor shall carry on the work in a manner which will cause the least interruption to traffic, and may close to through travel not more than two consecutive blocks, including the cross street intersected. Where traffic must cross open trenches, the Contractor shall provide suitable bridges at street intersections and driveways. Part C, Construction Methods 13 I I •, H The Contractor shall post suitable signs indicating that a street is closed and necessary detour signs for a proper maintenance of traffic. Three (3) days written notice to the Mayor's office is required prior to the closing of any street. Also, it will be the contractor's responsibility to notify all emergency units (fire, police, EMS, etc.) prior to the closing or partial closing of a street. The closing of State Highways shall require approval of both the city and the State Highway and Transportation Department. I I I I I I I I I I I Part C, Construction Methods 14 7 L I I I I I I I I I I I I I I I SPECIAL PROVISIONS The Standard Water Line Specifications as published by the City of Fayetteville shall govern for all water mains and appurtenances to be installed on this project, except as modified herein. 1. All ductile iron mechanical joint waterline fittings shall have a 6-8 mil thickness of fusion bonded epoxy applied to the exterior and interior of each fitting. This coating shall conform to ANSI/AWWA A C550 and Cl 16/A21. 16. 2. Tracer wire when spliced or damaged shall be connected with wire nut and wrapped with electrical tape. 3. Meter yoke shall be Mueller 82404 or approved equal. 4. Water service line shall be Drisco Pipe 200 psi DR -9 or approved equal. 5. All sewer trenches shall be backfilled in accordance with the City of Fayetteville's Standard Specifications for Waterline Construction, dated 1996, or its latest revision. 6. Fire hydrants shall be color coded based upon flow capacities. The caps and bonnet, or top two inches of the hydrant if there is no bonnet, shall be color coded as specified below. After color coding is applied, all parts of the fire hydrants shall be coated with Axon Arospace Bright White Alert No. 1460, or equal as approved by the City. Color coding shall not be applied over the Arospace reflective paint. Upon request of the Contractor, the City will conduct flow measurements and notify contractor of flow determinations. Flow Capacity ( m) Color 500- 1,000 Orange 1,000- 1,500 Light Green > 1,500 Light Blue The paint shown on the table on the following page, available at Lowe's of Fayetteville, or equal as approved by the City or the Engineer, shall be used for color coding. Paint Name — Intcrprise First Step Metal Primer — 48938 Red Base 1180 Colorant Oz 48"' 96th 102 Thalo Blue 15 1 103 Thalo Green 2Y 9 0 Ill Med Yellow 31 0 Special Provisions.DOC SP -t of 2 Garver No. 0296-3600(2) I I Ii I 7 Ij City of Fayetteville Landscape Manual - `f • tr p. -C:V is • • • Chapter 5: yt Tree Protection Dyring. Construction I. L \ . ty: t • r• • V. 7 N, • - I, L City of Fayetteville Landscape Manual. General Information (Excerpt from "How Construction Effects Trees" by Kim J. Hesse, published 3/17/99 in the Northwest Arkansas Times) ■ "On most construction sites, existing trees are not protected and are vulnerable to the ■r increased activity and use of equipment. Injury to the bark is very common when vehicles and equipment are present within the limits of the tree's canopy. But more commonly, the process of grading and trenching result in the greatest destruction to your trees. If you are considering terracing your yard, adding berms to create Interest, or simply installing an underground irrigation system, be aware of the effects during construction. When grading a site the existing vegetation and topsoil is usually stripped removing valuable nutrients and moisture that the roots depend on. Adding fill during the grading process will almost always smother tree roots in the soil below. Trucking or bulldozing in extra soil results In incidental soil ,compaction: Vehicles, construction equipment, stored supplies, and;even foot traffic all cause $oil compaction which cuts off oxygen the tree needs to absorb nutrients and`cen leddto the death of a Veer Trenching to install utilities or irrigation lines involves digging from the surface down to a prescribed depth, usually 2 feet or more below the surface of the soil. Since the majority of tree roots are concentrated In the top 3 feet of soil, trenching within the root zone of the tree inevitably severs roots. The closer the pass to the trunk of the tree, the greater the percentage of roots effected. Remember, a tree only grows between 4 and 11 major roots. The damage Is further magnified by trenching equipment that rip and crush roots leaving large, traumatic wounds that are difficult to heal, and offer gapping points of entry for insects and disease. A combination of mistakes during construction can compound the stress to the tree. Assume that a couple of major roots are destroyed during trenching and a portion of absorption roots are crushed when a vehicle is allowed to pass within the dripline of the tree. The tree has the same amount of crown to feed with possibly 25% less roots needed to absorb moisture and nutrients. As a result, a portion of the crown declines ' which means less photosynthesis can occur further weakening the tree. With most construction activity being a detriment to existing vegetation, it is best to stay away from the existing trees or shrubs you plan to preserve. Erect fencing material around areas that you want to protect. Asa general rule, it is important to stay outside of the limits of a tree's canopy. This means keeping foot traffic, truck traffic, and even the, storage of supplies away from the protected area. Be sure to communicate to everyone Involved in the construction process the Importance of staying clear of the fenced areas, If you are serious about saving certain trees, you may reconsider the design of your improvements, so plan for this In advance. 100• I ,I H 'I City of Fayetteville Landscape Manual Many people consider removing the existing trees with the intent to replace them once construction is complete. Tree replacement, however, is no substitute for preserving 'mature, established trees that are providing shade, wildlife habitat, clean air and general .I human enjoyment. A tree planted within the urban setting has an average life expectancy of 10 to 35 years due partly to the polluted environment. A young tree planted today must face a long hard road before it will match the splendor of the mature tree it is replacing. Saving trees during construction may cost additional money, time and some aggravation but the value of a mature established tree will far outweigh that ' cost." Tree preservation is difficult to do during the construction process and the contractor 'must be aware of which trees are to be preserved during the bidding process. Clarity on what trees and areas are to be undisturbed are critical in preserving valuable site characteristics. Provided is a list of commonly encountered trees that are especially sensitive to construction disturbance: I ' Paper Birch Flowering Dogwood Magnolia species Betula papyrifera Cornus Florida Magnolia ssp. ' Redbud Beech species Crabapple Cercis canadensis Fagus spp. Malus ssp. 'Fringetree Carolina Silverbell American Hop -hornbeam Chionanthus virginicus Halesis carolina Ostrya virginiana ' Mockernut Hickory Witch -hazel Sourwood Carya tomentosa Hamamelis virginiana Oxydendrum arboreum Shagbark Hickory Black Walnut Spruce species Carya ovate Juglans nigra Picea ssp. ' Bitternut Hickory Sweetgum White Pine Carya cordiformis Liquidambarslyracifiva Pin usstrobus ' Yellow -wood Tulip Tree Black Cherry Cladrastis lutea Liriodendron tulipifera Prunus serotlna White Oak Scarlet Oak Southern Red Oak Quercus alba Quercus coccinea Quercus Falcate Post Oak Slippery Elm Quercus stellata Ulmus rubra j 101 1:1 City of Fayetteville Landscape Manual Pro Construction Preventive measures are very helpful In protecting trees through the construction process. Awareness of what trees are going to be preserved and.thelr preconstruction condition will give the caretaker better knowledge of how to protect the tree during construction and what measures to take after construction..FQr that reason a pre construction survey is needed; a tree survey will provide the basis for after construction treatment. A predevelopment survey will also identify any undesirable trees that can be removed and locate any rare or Important trees .that need extra care. The more detailed the initial analysis, the better a person can manage the actions that need. to be taken before, during, and after construction. One of the best ways to manage existing trees in construction is communication with the contractor. Just telling the contractor which trees need to be saved is only the beginning. The developer or owner needs to communicate why certain construction practices are detrimental and periodically monitor progress.to insure existing trees are not damaged. There are several practices that can be done to a tree to prepare It for the stress related to construction. Construction of a tree protection fence'(See full page detail on pg. 107) The single most important element in protecting trees. The fence should extend at least to the edge of the drip line, farther if possible Plan view Spreading of mulch or gravel A 12" layer of mulch or a 6" layer of gravel can reduce compaction up to 4" in depth. A temporary bridge can be implemented to' further reduce compaction (See full page detail on pg. 109) Reduce mulch to 4" after construction complete 102 r S I I I Ii '' i! 'I I I I [_1 I I L ' 'H '..I City of Fayetteville Landscape Manual Pruning The removal of limbs that could be an obstruction to equipment should be removed. For safety and to prevent further damage to the tree, any dead limbs should also be removed. Irrigation Probably the most important preventive measure is irrigation. Previously water stressed trees have a poorer chance of survival than a well - watered, healthy tree. Irrigation should be carried out in normal fashion, wetting entire root zone to a depth of 2' to 3'. On sites that generate excessive dust due to construction, the leaves of the trees must be sprayed with water to prevent dust from clogging pores of the leaves. Fertilization Supplemental nutrients can be applied to trees that exhibit weak, scraggly crowns and overall poor performance. The only time fertilization Is beneficial is the season before construction is scheduled to begin. Construction of a rill/ aeration system (See full page detail on pg.108) This system allows for gas exchange between roots and the atmosphere, otherwise not possible when soil is compacted and/or paving is applied. .*'• AAA A� qq �W} R i a Af t ,�yI f lr T V Ic.A %i' wpY 1?,, AP 'Y. YYM .an noJ G4tr C.wOc rw,n Grcav Wok i n �t ivcmvE wix CO p9c inb \ L.� nroppce in pfoUtlib IavY•c Moth vi tree MOM c. brgM The following attached table was taken from Trees and DevelopmentA Technical Guide to Preservation of Trees During Land Development titled Major construction impacts, construction activities, and methods to minimize tree damage. 103 City of Fayetteville Landscape Manual Impacts to tree Construction activity Methdamage to minimize Root loss Stripping site of organic surface • Restrict stripping of topsoil soil before grading; clearing around trees unwanted vegetation; demolishing • install fences to protect existing structures trees from Injury • Any woody vegetation • should be cut Ievel'with ground arid not pulled up by roots Lowering grade, scarifying, Before grading, root prune preparing subgrade for fill and tree at edge of excavation to structures depth required • Soil beyond cut face can be removed by equipment sitting outside of dripline • Use retalnfng walls with dlsconflnuous footings to Increase the distance that natural grade is malritbined Preparing subgrade for pavement • Use paving section requiring a minimum amount of excavation • Minimize thickness of pavement by directing heavy traffic away from trees • Increase strength of pavement to reduce reliance on subgrade for strength Excavation for footings, walls, • Avoid continuous footings foundations adjacent to trees • Use pier foundations with beams above grade instead of slab • Orient piers to avoid major roots • Excavate by hand, bridging roots where possible • Where roots must be removed, cut cleanly with appropriate tools, saw, not backhoe or trencher Trenching for utilities, drains Avoid open trenching In root Iarea 104 • I • ,I City of Fayetteville Landscape Manual Ii Impacts to tree Wounding crown of tree Unfavorable conditions for root growth; chronic stress from reduced root system Inadequate soil moisture Construction activity Injury from equipment Creating clearance for building, traffic, construction equipment Compacted surface soils Spills, waste disposal Soil sterilants (herbicides) applied over pavement Impervious pavement over soil surface Rechannelization of stream flow; redirecting runoff; lowering water table; lowering grade Methods/Treatments to minimize damage • Tunnel under roots, if possible. If not, dig by hand bridging roots greater than 1"diameter • Consolidate utilities In one trench Fence tree to enclose low• branches and protect trunk • Clean up wounds up as soon as possible • Prune to minimum height required prior to construction • Consider minimum height requirements of construction equipment and emergency vehicles over road • All pruning should be done by a Certified Arborist • Fence trees to keep traffic and storage out of root area • Provide a storage yard and traffic areas for construction activity well away from trees • Where traffic cannot be diverted, protect soil surface with thick mulch or steel plates Fence trees to exclude dumping Clean up accidental spills Immediately Use herbicides safe for use around trees. Adhere to label requirements • Minimize use of pavement within dripllne • Consider system to allow low flow through normal stream alignments and provide bypass into storm drains to peak flow • Provide supplemental irrigation in similar volumes and seasonal distribution as would normally occur 105 City of Fayetteville Landscape Manual Impacts to tree Construction activity „ s damagents to minimize Excess soil moisture Underground flow backup; • Fills placed across • raising water table drainage courses must • have culverts placed at the bottom of the low flout so that water • Is not backed up upstream : • Study the geotechnical report for ground water characteristics to see that walls and fills will not Intercept underground flow Lack of surface drainage away • Where surface grades from tree are to be modified, make sure that water will flow away from the trunk. If tree is in low point, design drain system with least Impact to roots Irrigation of exotic plants Match irrigation requirements of tree and understory landscape to avoid over Irrigation Increased exposure Thinning stands, removal of • Retain forest trees In undergrowth groves rather than singly • Maintain natural undergrowth Reflected heat from • Minimize use of hard , surrounding hard surfaces surfaces around trees. Monitor moisture needs where water use Is expected to Increase Pruning • Avoid severe pruning • where previously shaded bark would be ,} exposed to sun. 106 ,I 'I Y rve. City of Fayetteville Landscape Manual 0 ane.Nrvm in., beme Floor bslYen (Mle of coal Root l...1 craves a I R so Inch of 4.ne e9. Plan view a of eMwNlan force. ovs -II. •• ••t• veers .:u ref ail City of Fayetteville Standard Notes For Tree and Natural Area Protection 1. All trees and natural areas shown on this plan to be preserved shag be protected during construction with temporary fencing 2. Protective fences Shan be erected according to City of Fayetteville standards for tree protection 3. Protective fences shall be installed prior to the start of any site preparation work and shag be maintained throughout all phases of the construction project 4. Erosion and sedimentation control barriers shall be installed or maintained in a manner which does not result in soil build-up within tree ddplhes 5. Protective fences shall surround the trees or group of trees, and will be located at the dapline, for natural areas, protective fences shall rof ow the limit of construction line, in order to prevent the following: A. Soil compaction In the root zone area resulting from vehicular traffic or storage of equipment B. Root zone disturbances due to grade changes (greater than 6') or trenching not reviewed by city arborist C. wounds to exposed roots, trunk or limbs by mechanical equipment D. other activities detrimental to trees such e chemical storage, cement truck cleaning. & fires 6. Exceptions to Installing lances at tree dnpfnes may be permitted in the following cases: A. Where there Is to be an approved grade change, impermeable paving surface, tree well, or other such site development B. Where permeable paving Is to be installed within a tree's dripllne, erect the fence at the outer limits of the permeable paving area (prior to site grading so that this area is graded separately prior to paving installation to minimize toot damage) C. Where trees are close to proposed buildings, erect the lance to allow a to 10 feet of work space between the fence and the building D, Where there are severe space constraints due to tract size, or other special requirements 7. Where any of the above exceptions result in a fence being closer than 4 feet to a tree trunk, protect the trunk with strapped on planking to a height of 8 feet ( or limits of lower branching) N addillon to the reduced fencing provided 8. Trees approved for removal shall be removed In a manner which does not impact trees to be preserved 9. Any roofs exposed by construction activity shag be premed flush with the soil. Back811 root areas with good quality top toll as soon as possible. If exposed root areas are not backNled within 2 days. cover Them with organic material In a manner which reduce sell temperature and minimizes water loss due to evaporation t0. Any trenching required for the installation of landscape Irrigation shall be placed as for from existing tree uunke as possible 11. No landscape topsoil dressing greater than 4 inches shag be permitted within the dripline of trees. No soil Is permitted on the coot flare of any tree 12. Pruning to provide clearance for structures, vehicular traffic, end equipment shall take place before construction begins 13. Ag finished pruning must be done according to recognized, approved standards of the industry (reference the National Aroodst Association Pruning Standards for Shade Trees available upon request from the city arbodst) 14. Deviations from the above notes may be considered ordinance violations if there Is substantial non-compliance W II a tree sustains damage as a result 107 Ii City of Fayetteville Landscape Manual Finish Wall with no — footing (1 Crushed stone e' perforated 108 Existing Grade I rl rScreened vent cop Width of tree crown or larger Fill aeration system Drain to daylight wrapped in geotextile fabric I I I I I 1! III I City of Fayetteville Landscape Manual O Ii' • • S. Combination of a thick layer of wood mulch with steel plates or plywood is the most effective Temporary bridge may be constructed of steel plates or plywood Supporting timbers for driving surface may be substituted for a 6'— 12 layer of wood mulch This option should be used only when traffic cannot be avoided over trcc root system Post signs to direct worker s traffic over the temporary bridge ) �t r\ (\"( \ L Timbers or support structure should run parallel with root system Temporary bridge 109 City of Fayetteville Landscape Manual Post Construction Preventive maintenance is far easier to do than attempting to correct the ailments of injured trees. If possible, collect the preconstruction survey about the health and existing physical conditions of the preserved trees; the preconstruction survey will help in determining the impacts of construction and what treatments should be done. If no previous analysis is available, a survey of the changed site conditions, condition of trees, and the possible long term results would be beneficial. There are a few key characteristics of trees and their surroundings that need to be taken into consideration: the tree's structural stability, health, and affected soil conditions. Typical signs of tree injury from construction • Branch dieback • Wounds from equipment • Attack from borers and other pests • Small leaves • Leaf scorch • Leaf wilt • Early fall defoliation and coloration • Heavy seeding Once the problem that is causing unwanted stress on preserved trees is identified, maintenance can be executed. Sadly there is little a homeowner, or even an arborist, can do once major damage has been inflicted. Common practices to reduce construction stress are as follows: • Irrigation • Pruning • Mulching • Fill soil removal • Past management • Fertilization • Tree removal The most common problem in construction impact is soil compaction. This subject deserves further explanation because of the variety In methods used to reverse compaction's negative effects on trees. Soil that is compacted prevents aeration, permeability, and nutrient absorption. Several processes are highlighted in better detail in Trees and Development by Matheny and Clark. Most,of the processes to help trees should be carried out by a licensed arborist, not by the contractor. See the appendix on contacts to locate a qualified person. 110 I I I I I I I I I I I I I I I I 'H I City of Fayetteville Landscape Manual Growth regulators application of chemicals (moderate results) Vertical mulching drilling 2" holes 18"-24" deep and backfilling with a porous material (moderate results) T� �y 1. TT . 0 0 f S. *• Tw f 6 T ,1� * 0 0 0 t4 0 2s•9Pw''� 1.0 0 0 �Y O M1e wTr** O ¢ TT T Y¢'f f �V/ �p O 4A1 R r7' 0 pY T M0N M.` ^�%T 0 0 Radial trenching First identify location of anchor roots, trench between them and backfill (best results) I City of Fayetteville Landscape Manual Utility Lines and Trees Underground utility lines are another threat to existing trees during the various phases of construction. For trees to survive, special planning about utility line routes and placement must occur. Instead of straight paths for utility lines that devastate tree root systems, curved paths can be implemented to avoid root and utility conflicts. The example shows evidence of tree preservation in the design of the structures, but no planning was considered when routing the utility lines.. When other obstacles prevent the maneuvering of utilities around trees, boring equipment can allow utility lines to pass under the critical areas of a tree's root system. A tree's ability to absorb vital nutrients and water are strictly dependant on its root system; the cutting of any major roots applies stress that can often lead to death. It is imperative that to preserve on site trees careful attention must be exercised where disturbance is going to occur. • .P� e ° 1tl � °® a o° .,g ° m °pvR ° __ ssaa o as Utility In. placed i UtMy aM placo will) War with lrynC11R Nook system I. protected by easing. II Irermhing I. anoval4.CN. 112 than make then, smooth aala I I I I I ri 1f 'I Occupational Safety and Health Admin., Labor 29 CFR Ch. XVII (7-1-04 Edition) C I I I LI I I CI I I I I PH I I Subpart P -Excavations AUTHORITY: Sec. 107, Contract Worker Hours and Safety Standards Act (Construction Safety Act) (40 U.S.C. 333): Sees. 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 applicable, and 29 CFR part 1911. SOURCE: 54 FR 45959, Oct. 31, 1989, unless otherwise noted. § 1926.650 Scope, application, and definitions applicable to this subpart. (a) Scope and application. fills subpart applies to all open excavations made in the earth's surface. Excavations 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. .4lenninanr Hvdraalic Shoring means a pre- engineered shoring system comprised of aluminum hydraulic cylinders (crossbraces) used in conjunction with vertical rails (uprights) or horizontal rails (wafers). Such system is designed, specifically to support the sidewalls of an excavation and prevent cave-ins. Bell-bottom pier hole means a type of shaft or footing excavation, the bottom of which is made larger than the cross section above to form a belled shape. Benching (Benching system) means a method of protecting employees from cave-ins by excavating the sides of an excavation to form one or a series of horizontal levels or steps, usually with vertical or near -vertical surfaces between levels. Cave-in means the separation of a mass of soil or rock material from the side of an excavation, or the loss of soil from under a trench shield or support system, and its sudden movement into the excavation, either by falling or sliding, in sufficient quantity so that it could entrap, bury, or otherwise injure and immobilize a person. Compelenl person means one who is capable of identifying existing and predictable hazards in the surroundings, or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them. Gass braces mean the horizontal members of a shoring system installed perpendicular to the sides of the excavation, the ends of which bear against either uprights or wales. Excavation means any man-made cut, cavity, trench, or depression in an earth surface, formed by earth removal. Faces or sides means the vertical or inclined earth surfaces formed as a result of excavation work. Failure means the breakage, displacement, or permanent deformation of a structural member or connection so as to reduce its structural integrity and its supportive capabilities. Hazardous atmosphere means an atmosphere which by reason of being explosive, flammable, poisonous, corrosive, oxidizing, irritating, oxygen deficient, toxic, or otherwise hannfiul, may cause death, illness, or injury. Kickout means the accidental release or failure of a cross brace. Protective system means a method of protecting employees from cave-ins, from material that could fall or roll from an excavation face or into an excavation, or from the collapse of adjacent structures. Protective systems include support systems, sloping and benching systems, shield systems, and other systems that provide the necessary protection. Ramp means an inclined walking or working surface that is used to gain access to one point from another, and is constructed from earth or from structural materials such as steel or wood. Registered Professional Engineer means a person who is registered as a professional engineer in the state where the work is to be performed. However, a professional engineer, registered in any state is deemed to be a "registered professional engineer" within the meaning of this standard when approving designs for "manufactured protective systems" or "tabulated data" to be used in interstate commerce. Sheeting means the members of a shoring system that retain the earth in position and in turn are supported by other members of the shoring system. Shield (Shield system) means a structure that is able to withstand the forces imposed on it by a cave-in and thereby protect employees within the structure. Shields can be permanent structures or can be designed to be portable and moved along as work progresses. Additionally, shields can be either premanufactured or job -built in accordance with § 1926.652 (c) (3) or (c) (4). Shields used in trenches are usually referred to as "trench boxes" or "trench shields." Shoring (Shoring system) means a structure such as a metal hydraulic, mechanical or timber shoring system that supports the sides of an excavation and which is designed to prevent cave-ins. Sides. See "Faces." .Sloping (Sloping system) means a method of protecting employees from cave-ins by excavating to form sides of an excavation that are inclined away from the excavation so as to prevent cave-ins. The angle of incline required to prevent a cave-in varies with differences in such factors as Occupational Safety and Health Admin., Labor 29 CFR Ch. XVII (7-1-04 Edition) ' the soil type, environmental conditions of exposure, and application of surcharge loads. Stable rock means natural solid mineral material that can be excavated with vertical sides and will remain intact while exposed. Unstable rock is considered to be stable when the rock material on the side or sides of the excavation is secured against caving -in or movement by rock bolts or by another protective system that has been designed by a registered professional engineer. Structural ramp means a ramp built of steel or wood, usually used for vehicle access. Ramps made of soil or rock are not considered structural ramps. Support system means a structure such as underpinning, bracing, or shoring, which provides support to an adjacent structure, underground installation, or the sides of an excavation. Tabulated data means tables and charts approved by a registered professional engineer and used to design and construct a protective system. Trench (Trench excavation) means a narrow excavation (in relation to its length) made below the surface of the ground. In general, the depth is greater than the width, but the width of a trench (measured at the bottom) is not greater than 15 feet (4.6 m). If forms or other structures are installed or constructed in an excavation so as to reduce the dimension measured from the forms or structure to the side of the excavation to 15 feet (4.6 m) or less (measured at the bottom of the excavation), the excavation is also considered to be a trench. Trench box. See "Shield." Trench shield. See "Shield." Uprights means the vertical members of a trench shoring system placed in contact with the earth and usually positioned so that individual members do not contact each other. Uprights placed so that individual members are closely spaced, in contact with or interconnected to each other, are often called "sheeting." Wales means horizontal members of a shoring system placed parallel to the excavation face whose sides bear against the vertical members of the shoring system or earth. § 1926.651 Specific excavation requirements. (a) Surface encumbrances. All surface encumbrances that are located so as to create a hazard to employees shall be removed or supported, as necessary, to safeguard employees. (b) Underground installations. (1) The estimated location of utility installations, such as sewer, telephone, fuel, electric, water lines, or any other underground installations that reasonably may be expected to be encountered during excavation work, shall be determined prior to opening an excavation. (2) Utility companies or owners shall be contacted within established or customary local response times, advised of the proposed work, and asked to establish the location of the utility underground installations prior to the start of actual excavation. When utility companies or owners cannot respond to a request to locate underground utility installations within 24 hours (unless a longer period is required by state or local law), or cannot establish the exact location of these installations, the employer may proceed, provided the employer does so with caution, and provided detection equipment or other acceptable means to locate utility installations are used. (3) When excavation operations approach the estimated location of underground installations, the exact location of the installations shall be determined by safe and acceptable means. (4) While the excavation is open, underground installations shall be protected, supported or removed as necessary 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 constructed in accordance with the design. (ii) Ramps and runways constructed of two or more structural members shall have the structural members connected together to prevent displacement. (iii) Structural members used for ramps and runways shall be of uniform thickness. (iv) Cleats or other appropriate means used to connect runway structural members shall be attached to the bottom of the runway or shall be attached in a manner to prevent tripping. (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 excavations. A stairway, ladder, ramp or other safe means of egress shall be located in trench excavations that are 4 feet (1.22 m) or more in depth so as to require no more than 25 feet (7.62 m) of lateral travel for employees. (d) Exposure to vehicular traffic. Employees exposed to public vehicular traffic shall be provided with, and shall wear, warning vests or other suitable garments marked with or made of reflectorized or high -visibility material. (e) Exposure to falling loads. No employee shall be permitted underneath loads handled by lifting or digging equipment. Employees shall be required to stand away from any vehicle being loaded or unloaded to avoid being struck by any spillage or falling materials. Operators may remain in the cabs of vehicles being loaded or unloaded I I I I 11 I I I I I I I I I I 1 Occupational Safety and Health Admin., labor 29 CFR Ch. XVII (7-1-04 Edition) CI I I LI I LJ [] I I I [1 I I I I I when the vehicles are equipped, in accordance with § 1926.601(h) (6), to provide adequate protection for the operator during loading and unloading operations. (t) 1Vwning system for mobile equipment. When mobile equipment is operated adjacent to an excavation, or when such equipment is required to approach the edge of an excavation, and the operator does not have a clear and direct view of the edge of the excavation, a warning system shall be utilized such as barricades, hand or mechanical signals, or stop logs. If possible, the grade should be away from the excavation. (g) hazardous atmospheres -(I) Testing and controls. In addition to the requirements set forth in subparts D and E of this part (29 CPR 1926.50- 1926.107) to prevent exposure to harmful levels of atmospheric contaminants and to assure acceptable atmospheric conditions, the following requirements shall apply: (i) Where oxygen deficiency (atmospheres containing less than 19.5 percent oxygen) or a hazardous atmosphere exists or could reasonably be expected to exist, such as in excavations in landfill areas or excavations in areas where hazardous substances are stored nearby, the atmospheres in the excavation shall be tested before employees enter excavations greater than 4 feet (1.22 m) in depth. (ii) Adequate precautions shall be taken to prevent employee exposure to atmospheres containing less than 19.5 percent oxygen and other hazardous atmospheres. These precautions include providing proper respiratory protection or ventilation in accordance with subparts D and E of this part respectively. (iii) Adequate precaution shall be taken such as providing ventilation, to prevent employee exposure to an atmosphere containing a concentration of a flammable gas in excess of 20 percent of the lower flammable limit of the gas. (iv) When controls arc used that are intended to reduce the level of atmospheric contaminants to acceptable levels, testing shall be conducted as often as necessary to ensure that the atmosphere remains safe. (2) Enietgencv rescue equipment. (i) Emergency rescue equipment, such as breathing apparatus, a safety harness and line, or a basket stretcher, shall be readily available where hazardous atmospheric conditions exist or may reasonably 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 attended at all times while the employee wearing the lifeline is in the excavation. (h) Protection fion+ hazards associated with water accumulation. (1) Employees shall not work in excavations in which there is accumulated water, or in excavations in which water is accumulating, unless adequate precautions have been taken to protect employees against the hazards posed by water ac- cumulation. The precautions necessary to protect employees adequately vary with each situation, but could include special support or shield systems to protect from cave-ins, water removal to control the level of accumulating water, or use of a safety harness and lifeline. (2) If water is controlled or prevented from accumulating by the use of water removal equipment, the water removal equipment and operations shall be monitored by a competent person to ensure proper operation. (3) If excavation work interrupts the natural drainage of surface water (such as streams), diversion ditches, dikes, or other suitable means shall he used to prevent surface water from entering the excavation and to provide adequate drainage of the area adjacent to the excavation. Excavations subject to runoff from heavy rains will require an inspection by a competent person and compliance with paragraphs (h)(1) and (h)(2) of this section. (i) .5tabiliol of adjacent structures. (1) Where the stability of adjoining buildings, walls, or other structures is endangered by excavation operations, support systems such as shoring, bracing, or underpinning shall be provided to ensure the stability of such structures for the protection of employees. (2) Excavation below the level of the base or footing of any foundation or retaining wall that could be reasonably expected to pose a hazard to employees shall not be permitted except when: (i) A support system, such as underpinning, 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 engineer has approved the determination that the structure is sufficiently removed from the excavation so as to be unaffected by the excavation activity; or (iv) A registered professional engineer has approved the determination that such excavation work will not pose a hazard to employees. (3) Sidewalks, pavements, and appurtenant structure shall not be undermined 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. (I) Adequate protection shall be provided to protect employees from loose rock or soil that could pose a hazard by falling or rolling from an excavation face. Such protection shall consist of scaling to remove loose ma- terial; installation of protective barricades at intervals as necessary on the face to stop and contain falling material; or other means that provide equivalent protection. Occupational Safety and Health Admin., Labor 29 CFR Ch. XVII (7-1-04 Edition) ' (2) Employees shall be protected from excavated or other materials or equipment that could pose a hazard by falling or rolling into excavations. Protection shall be provided by placing and keeping such materials or equipment at least 2 feet (.61 m) from the edge of excavations, or by the use of retaining devices that are sufficient to prevent materials or equipment from falling or rolling into excavations, or by a com- bination of both if necessary. (k) Inspections. (l) Daily inspections of excavations, the adjacent areas, and protective systems shall be made by a competent person for evidence of a situation that could result in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous condi- tions. An inspection shall be conducted by the competent person prior to the start of work and as needed throughout the shift. Inspections shall also be made after every rainstorm or other hazard increasing occurrence. These 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, hazardous atmospheres, or other hazardous conditions, exposed employees shall be removed from the hazardous area until the necessary precautions have been taken to ensure their safety. (I) Walkways shall be provided where employees or equipment are required or permitted to cross over excavations. Guardrails which comply with § 1926.502(b) shall be provided where walkways are 6 feet (1.8 m) or more above lower levels. (54 FR 45959, Oct. 31, 1989, as amended by 59 FR 40730, Aug. 9, 1994] § 1926.652 Requirements for protective systems. (a) Protection of employees in excavations. (1) Each employee in an excavation shall be protected from cave-ins by an adequate protective system de- signed in accordance with paragraph (b) or (c) of this section except when: (i) Excavations are made entirely in stable rock; or (ii) Excavations are less than 5 feet (1.52m) in depth and examination of the ground by a competent person provides no indication of a potential cave-in. (2) Protective systems shall have the capacity to resist without failure all loads that are intended or could reasonably be expected to be applied or transmitted to the system. (b) Design of sloping and benching systems. The slopes and configurations of sloping and benching systems shall be selected and constructed by the employer or his designee and shall be in accordance with the requirements of paragraph (b)(1); or, in the alternative, paragraph (b)(2); or, in the alternative, paragraph (b)(3), or, in the alternative, paragraph (b) (4), as follows: (1) Option (l) -Allowable configurations and slopes. (i) Excavations shall be sloped at an angle not steeper than one and one-half horizontal to one vertical (34 degrees measured from the horizontal), unless the employer uses one of the other options listed below. (ii) Slopes specified in paragraph (b)(l)(i) of this section, shall be excavated to form configurations that are in accordance with the slopes shown for Type C soil in Appendix B to this subpart. (2) Option (2) -Determination of slopes and configurations using Appendices A and B. Maximum allowable slopes, and allowable configurations for sloping and benching systems, shall be determined in accordance with the conditions and requirements set forth in appendices A and B to this subpart. (3) Option (3) -Designs using other tabulated data. (i) Designs of sloping or benching systems shall be selected from and be in accordance with tabulated data, such as tables and charts. (ii) The tabulated data shall be in written form and shall include all of the following: (A) Identification of the parameters that affect the selection of a sloping or benching system drawn from such data; (B) Identification of the limits of use of the data, to include the magnitude and configuration of slopes determined to be safe; (C) Explanatory information as may be necessary to aid the user in making a correct selection of a protective system from the data. (iii) At least one copy of the tabulated data which identifies the registered professional engineer who approved the data, shall be maintained at the jobsite during construction of the protective system After that time the data may be stored off the jobsite, but a copy of the data shall be made available to the Secretary upon request. (4) Option (4) -Design by a registered professional engineer. (i) Sloping and benching systems not utilizing Option (1) or Option (2) or Option (3) under paragraph (b) of this section shall be approved by a registered professional engineer. (ii) Designs shall be in written form and shall include at least the following: (A) The magnitude of the slopes that were determined to be safe for the particular project; (B) The configurations that were determined 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. Designs of support systems shield systems, and other protective systems shall be selected I U I I I L I I LJ I I I L I I 4 Occupational Safety and Health Admin., Labor 29 CFR Ch. XVII (7-1-04 Edition) I P1 I I HI I H I IJ H IH I I and constructed by the employer or his designee and shall be in accordance with the requirements of paragraph (c)(1); or, in the alternative, paragraph (c)(2); or, in the alternative, paragraph (c)(3); or, in the alternative. paragraph (c)(4) as follows: (I) Option (1) -Designs using appendices A, C and D. Designs for timber shoring in trenches shall be determined in accordance with the conditions and requirements set forth in appendices A and C to this subpart. Designs for aluminum hydraulic shoring shall be in accordance with paragraph (c)(2) of this section, but it' manufacturer's tabulated data cannot be utilized, designs shall be in accordance with appendix D. (2) Option (2) -Designs Using ,Mona/acturer'.c Tabulated Data. (i) Design of support systems, shield systems, or other protective systems that are drawn front manufacturer's tabulated data shall be in accordance with all specifications, recommendations, and limitations issued or made by the manufacturer. (ii) Deviation from the specifications, recommendations, and limitations issued or made by the manufacturer shall only be allowed after the manufacturer issues specific written approval. (iii) Manufacturer's specifications, recommendations, and limitations, and manufacturer's approval to deviate from the specifications, recommendations, and limitations shall he in written form at the jobsite during construction of the protective system. After that time this data may be stored off the jobsite. but a copy shall be made available to the Secretary upon request. (3) Option (3) -Designs using other tabulated data. (i) Designs of support systems, shield systems, or other protective systems shall be selected from and be in accordance with tabulated data, such as tables and charts. (ii) the tabulated data shall be in written form and include all of the following: (A) Identification of the parameters that affect the selection of a protective system drawn from such data; (B) Identification of the limits of use of the data; (C) Explanatory information as may be necessary to aid the user in making a correct selection of a protective system from the data. (iii) At least one copy of the tabulated data, which identifies the registered professional engineer who approved the data, shall be maintained at the jobsite during construction of the protective system. After that time the data may be stored off the jobsite, but a copy of the data shall be made available to the Secretary upon request. (4) Option (4) -Design by a registered professional engineer. (i) Support systems, shield systems, and other protective systems not utilizing Option 1, Option 2 or Option 3, above, shall be approved by a registered professional engineer. (ii) Designs shall be in written form and shall include the following: (A) A plan indicating the sizes, types, and configurations of the materials to be used in the protective system; and (B) The identity of the registered professional engineer approving the 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 available to the Secretary upon request. (d) Materials and equipment. (1) Materials and equipment used for protective systems shall be free from damage or defects that might impair their proper function. (2) Manufactured materials and equipment used for protective systems shall be used and maintained in a manner that is consistent with the recommendations of the manufacturer, and in a manner that will prevent employee exposure to hazards. (3) When material or equipment that is used for protective systems is damaged, a competent person shall examine the material or equipment and evaluate its suitability for continued use. If the competent person cannot assure the material or equipment is able to support the intended loads or is otherwise suitable for safe use, then such material or equipment shall be removed from service, and shall be evaluated and approved by a registered professional engineer before being returned to service. (e) Installation and removal ofsupport-(I) General. (i) Members of support systems shall be securely connected together to prevent sliding, falling, kickouts, or other predictable failure. (ii) Support systems shall be installed and removed in a manner that protects employees from cave-ins, structural collapses, or from being struck by members of the support system. (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 individual members begins, additional precautions shall be taken to ensure the safety of employees, such as installing other structural members to carry the loads imposed on the support system. (v) Removal shall begin at, and progress from, the bottom of the excavation. Members shall be released slowly so as to note any indication of possible failure of the remaining members of the structure or possible cave- in of the sides of the excavation. (vi) Backfilling shall progress together with the removal of support systems from excavations. (2) Additional requirements for support systems ,for I Occupational Safety and Health Admin., Labor 29 CFR Ch. XVII (7-1-04 Edition) ' 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 indications while the trench is open of a possible loss of soil from behind or below the bottom of the support system. (ii) Installation of a support system shall be closely coordinated with the excavation of trenches. (I) Sloping and benching systems. Employees shall not be permitted to work on the faces of sloped or benched excavations at levels above other employees except when employees at the lower levels are adequately protected from the hazard of falling, rolling, or sliding material or equipment. (g) Shield systems -(l) 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 entering or exiting the areas protected by shields. (iv) Employees shall not be allowed in shields when shields are being installed, 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 designed to resist the forces calculated for the full depth of the trench, and there are no indications while the trench is open of a possible loss of soil from behind or below the bottom of the shield. [_1 I I I 11 C I C I I H H I H I H Pr. 1926, Subpt. P. App. A 29 CFR Ch. XVII (7-1-04 Edition) I I I I I I I Li n I I I I I I 11 [I APPENDIX A TO SUBPART P OF PART 1926 -SOIL CLASSIFICATION (a) Scope and application -(I) Scope. This appendix describes a method of classifying soil and rock deposits based on site and environmental conditions, and on the structure and composition of the earth deposits. The appendix contains definitions, sets forth requirements, and describes acceptable visual and manual tests for use in classifying soils. (2) Application. This appendix applies when a sloping or benching system is designed in accordance with the requirements set forth in §1926.652(b)(2) as a method of protection for employees from cave-ins. This appendix also applies when timber shoring for excavations is designed as a method of protection from cave-ins in accordance with appendix C to subpart P of part 1926, and when aluminum hydraulic shoring is designed in accordance with appendix D. This Appendix also applies if other protective systems are designed and selected for use from data prepared in accordance with the requirements set lorth in § 1926.652(c), and the use of the data is predicated on the use of the soil classification system set forth in this appendix. (b) Definitions. fhe definitions and examples given below are based on, in whole or in part, the following: American Society For Testing Materials (ASTM) Standards D653-85 and D248%; The Unified Soils Classification System, The U.S. Department of Agriculture (USDA) Textural Classification Scheme; and The National Bureau of Standards Report BSS - 121. Cemented soil means a soil in which the particles arc 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 (tine grained soil), or soil with a high clay content, which has cohesive strength. Cohesive soil does not crumble, can be excavated with vertical sideslopes, and is plastic when moist. Cohesive soil is hard to break up when dry, and exhibits significant cohesion when submerged. Cohesive soils include clayey silt, sandy clay, silty clay, clay and organic clay. Day. 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 us tension cracks, in an exposed surface. Granular soil means gravel, sand, or silt, (coarse grained soil) with little or no clay content. Granular soil has no cohesive strength. Some moist granular soils exhibit apparent cohesion. Granular soil cannot be molded when moist and crumbles easily when dry. Layered system means two or more distinctly different soil or rock types arranged in layers. Micaceous seams or weakened planes in rock or shale are considered layered. Moist soil means a condition in which a soil looks and feels damp. Moist cohesive soil can easily be shaped into a ball and rolled into small diameter threads before crumbling. Moist granular soil that contains some cohesive material will exhibit signs of cohesion between particles. Plastic means a property of a soil which allows the soil to be deformed or molded without cracking, or appreciable volume change. Saturated soil means a soil in which the voids arc tilled with water. Saturation does not require flow. Saturation, or near saturation, is necessary for the proper use of instruments such as a pocket penetrometer or sheer vane. Soil classification system means, for the purpose of this subpart, a method of categorizing soil and rock deposits in a hierarchy of Stable Rock, Type A, Type B, and Type C, in decreasing order of stability. The categories are determined based on an analysis of the properties and performance characteristics of the deposits and the environmental conditions of exposure. Stable rock means natural solid mineral matter that can be excavated with vertical sides and remain intact while exposed. Submerged soil means soil which is underwater or is free seeping. Type A means cohesive soils with an unconfined compressive strength of 1.5 ton per square foot (tsf) (144 kPa) or greater. Examples of cohesive soils are: clay, silty clay, sandy clay, clay loam and, in some cases, silty clay loam and sandy clay loam. Cemented soils such as caliche and hardpan are also considered Type A. However, no soil is Type A if: (i) The soil is fissured; or (ii) The soil is subject to vibration from heavy traffic, pile driving, or similar effects; or (iii) The soil has been previously disturbed; or (iv) The soil is part of a sloped, layered system where the layers dip into the excavation on a slope of four horizontal to one vertical (4H: IV) or greater; or (v) The material is subject to other factors that would require it to be classified as a less stable material. Type B means: (i) Cohesive soil with an unconfined compressive strength greater than 0.5 tsf (48 kPa) but less than 1.5 tsf (144 kPa); or (ii) Granular cohcsionless soils including: angular gravel (similar to crushed rock), silt, silt loam, sandy loam and, in some cases, silty clay loam and sandy clay loam. (iii) Previously disturbed soils except those which would otherwise be classed as Type C soil. I Pr. 1926, Subpt. P. App. A 29 CFR Ch. XVII (7-1-04 Edition) (iv) Soil that meets the unconfined compressive strength or cementation requirements for Type A, but is fissured or subject to vibration; or (v) Dry rock that is not stable; or (vi) Material that is part of a sloped, layered system where the layers dip into the excavation on a slope less steep than four horizontal to one vertical (4H:IV), but only if the material would otherwise be classified as Type B. Type C means: (i) Cohesive soil with an unconfined compressive strength of 0.5 tsf (48 kPa) or less; or (ii) Granular soils including gravel, sand, and loamy sand; or (iii) Submerged soil or soil from which water is freely seeping; or (iv) Submerged rock that is not stable, or (v) Material in a sloped, layered system where the layers dip into the excavation or a slope of four horizontal to one vertical (4H:IV) or steeper. Unconfined compressive strength means the load per unit area at which a soil will fail in compression. It can be determined by laboratory testing, or estimated in the field using a pocket penetrometer, by thumb penetration tests, and other methods. Wet soil means soil that contains significantly more moisture than moist soil, but in such a range of values that cohesive material will slump or begin to flow when vibrated. Granular material that would exhibit cohesive properties when moist will lose those cohesive properties when wet. (c) Requirements -(I) Classification of soil and rock deposits. Each soil and rock deposit shall be classified by a competent person as Stable Rock, Type A, Type B, or Type C in accordance with the definitions set forth in paragraph (b) of this appendix. (2) Basis of classification. The classification of the deposits shall be made based on the results of at least one visual and at least one manual analysis. Such analyses shall be conducted by a competent person using tests described in paragraph (d) below, or in other recognized methods of soil classification and testing such as those adopted by the America Society for Testing Materials, or the U.S. Department of Agriculture textural classification system. (3) Visual and manual analyses. The visual and manual analyses, such as those noted as being acceptable in paragraph (d) of this appendix, shall be designed and conducted to provide sufficient quantitative and qualitative information as may be necessary to identify properly the properties, factors, and conditions affecting the classification of the deposits. (4) Layered systems. In a layered system, the system shall be classified in accordance with its weakest layer. However, each layer may be classified individually where a more stable layer lies under a less stable layer. (5) Reclassfcation. If, after classifying a deposit, the properties, factors, or conditions affecting its classification change in any way, the changes shall be evaluated by a competent person. The deposit shall be reclassified as necessary to reflect the changed circumstances. (d) Acceptable visual and manual tests.-( I) Visual tests. Visual analysis is conducted to determine qualitative information regarding the excavation site in general, the soil adjacent to the excavation, the soil forming the sides of the open excavation, and the soil taken as samples from excavated material. (i) Observe samples of soil that are excavated and soil in the sides of the excavation. Estimate the range of particle sizes and the relative amounts of the particle sizes. Soil that is primarily composed of fine-grained material is cohesive material. Soil composed primarily of coarse - grained sand or gravel is granular material. (ii) Observe soil as it is excavated. Soil that remains in clumps when excavated is cohesive. Soil that breaks up easily and does not stay in clumps is granular. (iii) Observe the side of the opened excavation and the surface area adjacent to the excavation. Crack -like openings such as tension cracks could indicate fissured material. If chunks of soil spall off a vertical side, the soil could be fissured. Small spalls are evidence of moving ground and are indications of potentially hazardous situations. (iv) Observe the area adjacent to the excavation and the excavation itself for evidence of existing utility and other underground structures, and to identify previously disturbed soil. (v) Observe the opened side of the excavation to identify layered systems. Examine layered systems to identify if the layers slope toward the excavation. Estimate the degree of slope of the layers. (vi) Observe the area adjacent to the excavation and the sides of the opened excavation for evidence of surface water, water seeping from the sides of the excavation, or the location of the level of the water table. (vii) Observe the area adjacent to the excavation and the area within the excavation for sources of vibration that may affect the stability of the excavation face. (2) Manual tests. Manual analysis of soil samples is conducted to determine quantitative as well as qualitative properties of soil and to provide more information in order to classify soil properly. (i) Plasticity. Mold a moist or wet sample of soil into a ball and attempt to roll it into threads as thin as 1/8 -inch in diameter. Cohesive material can be successfully rolled into threads without crumbling. For example, if at least a two inch (50 mm) length of 1/8 -inch thread can be held on one end without tearing, the soil is cohesive. (ii) Dry strength. If the soil is dry and crumbles on its I I I U I I I I C I C I C I I C U Pr. 1926, Subpt. P, App. A 29 CFR Ch. XVII (7-1-04 Edition) I I I I I I fI J I [.I I I I I I own or with moderate pressure into individual grains or fine powder, it is granular (any combination of gravel, sand, or silt). If the soil is dry and falls into clumps which break up into smaller clumps, but the smaller clumps can only be broken up with difficulty, it may be clay in any combination with gravel, sand or silt. If the dry soil breaks into clumps which do not break up into small clumps and which can only be broken with difficulty, and there is no visual indication the soil is fissured, the soil may be considered untissured (iii) Thumb penetration. The thumb penetration test can be used to estimate the unconfined compressive strength of cohesive soils. (This test is based on the thumb penetration test described in American Society for Testing and Materials (ASTM) Standard designation D2488 -"Standard Recommended Practice for Description of Soils (Visual -Manual Procedure).") Type A soils with an unconfined compressive strength of 1.5 tsf can be readily indented by the thumb; however, they can be penetrated by the thumb only with very great effort. Type C soils with an unconfined compressive strength of 0.5 tsf can be easily penetrated several inches by the thumb, and can he molded by light finger pressure. This test should be conducted on an undisturbed soil sample, such as a large clump of spoil. as soon as practicable after excavation to keep to a miminum the effects of exposure to drying influences. If the excavation is later exposed to wetting influences (rain, flooding), the classification of the soil must be changed accordingly. (iv) Other strength tests. Estimates of unconfined compressive strength of soils can also be obtained by use of a pocket penetrometer or by using a hand - operated shearvanc. (v) Drping test. The basic purpose of the drying test is to differentiate between cohesive material with fissures, unfissured cohesive material, and granular material. The procedure for the drying test involves drying a sample of soil that is approximately one inch thick (2.54 cm) and six inches (15.24 cm) in diameter until it is thoroughly dry: (A) If the sample develops cracks as it dries, significant fissures are indicated. (B) Samples that dry without cracking arc to be broken by hand. If considerable force is necessary to break a sample, the soil has significant cohesive material content. 'llic soil can be classified as a untissured cohesive material and the unconfined compressive strength should be determined. (C') If a sample breaks easily by hand, it is either a fissured cohesive material or a granular material. To distinguish between the two, pulverize the dried clumps of the sample by hand or by stepping on them. If the clumps do not pulverize easily, the material is cohesive with fissures. If they pulverize easily into very small fragments, the material is granular. I Pr. 1926, Subpt. P, App. B 29 CFR Ch. XVII (7-1-04 Edition) ' I APPENDIX B TO SUBPART P OF PART 1926 -SLOPING AND BENCHING (a) Scope and application. This appendix contains specifications for sloping and benching when used as methods of protecting employees working in excavations from cave-ins. The requirements of this appendix apply when the design of sloping and benching protective systems is to be performed in accordance with the requirements set forth in § 1926.652(b)(2). (b) Definitions. Actual slope means the slope to which an excavation face is excavated. Distress means that the soil is in a condition where a cave-in is imminent or is likely to occur. Distress is evidenced by such phenomena as the development of fissures in the face of or adjacent to an open excavation; the subsidence of the edge of an excavation; the slumping of material from the face or the bulging or heaving of material from the bottom of an excavation; the spelling of material from the face of an excavation; and ravelling, i.e., small amounts of material such as pebbles or little clumps of material suddenly separating from the face of an excavation and trickling or rolling down into the excavation. Maximum allowable slope means the steepest incline of an excavation face that is acceptable for the most favorable site conditions as protection against cave- ins, and is expressed as the ratio of horizontal distance to vertical rise (H:V). Short term exposure means a period of time less than or equal to 24 hours that an excavation is open. (c) Requirements -(I) Soil classification. Soil and rock deposits shall be classified in accordance with appendix A to subpart P of part 1926. (2) Maximum allowable slope. The maximum allowable slope for a soil or rock deposit shall be determined from Table B -I of this appendix. (3) Actual slope. (i) The actual slope shall not be steeper than the maximum allowable slope. (ii) The actual slope shall be less steep than the maximum allowable slope, when there are signs of distress. If that situation occurs, the slope shall be cut back to an actual slope which is at least 1/2 horizontal to one vertical (1/2H:lV) less steep than the maximum allowable slope. (iii) When surcharge loads from stored material or equipment, operating equipment, or traffic are present, a competent person shall determine the degree to which the actual slope must be reduced below the maximum allowable slope, and shall assure that such reduction is achieved. Surcharge loads from adjacent structures shall be evaluated in accordance with § 1926.651(i). (4) Configurations. Configurations of sloping and benching systems shall be in accordance with Figure B-1. TABLE B-1 MAXIMUM ALLOWABLE SLOPES(H:V) (tI SOIL OR ROCK TYPE FOR EXCAVATIONS LESS THAN 20 FEET DEEP (3] STABLE ROCK VERTICAL (90") TYPE A, (2] V4: 1 (530) TYPE B 1:1 (450) TYPEC 1Y::1 (341 NOTES: I. Numbers shown in parentheses next to maximum allowable slopes are angles expressed in degrees from the horizontal. Angles have been rounded off. 2. A short-term maximum allowable slope of I/2H:I V (63") is allowed in excavations in Type A soil that are 12 feet (3.67 in) or less in depth. Short-term maximum allowable slopes for excavations greater than 12 feet (3.67 in) in depth shall be 3/4H:I V (53). 3. Sloping or belching for excavations greater than 20 feet deep shall be designed by a registered professional engineer. 10 C L I I I I I I I I I I I I C [1 I Pr. 1926, Subpt. P, App. B 29 CFR Ch. XVII (7-1-04 Edition) I I I I I I Ii Figure B -I Slope Configurations (All slopes stated below are in the horizontal to vertical ratio) B -I. ! Excavations made in 7 'pc A soil. 1. All simple slope excavation 20 feet or less in depth shall have a maximum allowable slope of a/4: I. I 20' Max. AI SIMPLE SLOPE -GENERAL Exception: Simple slope excavations which are open 24 hours or less (short (emt) and which arc 12 feet or less in depth shall have a maximum allowable slope of %: I U' Max. LI ' i/2 I Ii Ii Ii I I SIMPLE SLOPE-SHORTTERM 2. All hcnched excavations 20 feet or less in depth shall have a maximum allowable slope of'/ to I and maximum bench dimensions as follows: SIMPLE BENCH I 11 Pr. 1926, Subpt. P, App. B 29 CFR Ch. XVII (7-1-04 Edition)'L.L r ' 20' Max. ` 1 Max. 3/4 4' Max. � MULTIPLE BENCH 3. All excavations 8 feet or less in depth which have unsupported vertically sided lower portions shall haves maximum vertical side of 3-'/r feet. rMax, 8' 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 3''A feet. 1 1 UNSUPPORTED VERTICALLY SIDED LOWER PORTION -MAXIMUM 12 FEET IN DEPTH 1 12 Pr. 1926, Subpt. I', App. B 29 CFR Ch. XVII (7-1-04 Edition) All excavations 20 feet or less in depth which have vertically sided lower portions that are supported or shielded shall have a maximum allowable slope of 3/4:1. The support or shield system must extend at least IS inches above the top of the vertical side. vertical side SUPPORTED OR SHIELDED VERTICALLY SIDED LOWER PORTION 4. All other simple slope compound slope, and vertically sided lower portion excavations shall be in accordance with the other options permitted under § 1926.652(b). B-1.2 Excavations Made in Type B Soil L. All simple slope excavations 20 feet or less in depth shall have a maximum allowable slope of I:1. SIMPLE SLOPE 13 Pr. 1926, Subpt. P, App. B 29 CFR Ch. XVII (7-1-04 Edition) 2. All benched excavations 20 feet or less in depth shall have a maximum allowable slope of 1:1 and maximum bench dimensions as follows: \Tnhisbenchd in cohesive soil only.20' //f ::::: SINGLE BENCH This bench allowed in cohesive soil only r ' 20' Max. I r 4 rr 1 Haas I t 4' Max. f 4., MULTIPLE 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. Support or shield sKTotalheight stem Ql 20' Max. 1 of vertical side ' • VERTICALLY SIDED LOWER PORTION 4. All other sloped excavations shall be in accordance with the other options permitted in §1926.652(b), 14 Pr. 1926, Subpt. P, App. B 29 CFR Ch. XVII (7-1-04 Edition) 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 I'/2: 1. SIMPLE SLOPE 2. All excavations 20 feet or less in depth which have vertically sided lower portions shall be shielded or supported to a height at least 18 inches above the top of the vertical side. All such excavations shall have a maximum allowable slope of 1 /,: I. Support or shield system 20' Max. „ F-, l I lI ig" Min. ,'otal height of vertical side VERTICAL SIDED LOWER PORTION 3. All other sloped excavations shall be in accordance with the other options permitted in §1926.652(b). 15 Pt, 1926, Subpt. P, App. C 29 CFR Ch. XVII (7-1-04 Edition) I APPENDIX C TO SUBPART POP PART 1926- TIMB ER SHORING FOR TRENCHES (a) Scope. This appendix contains information 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.l m) in depth. This appendix must be used when design of timber shoring protective systems is to be performed in accordance with § 1926.652(c)(1). Other timber shoring configurations; other systems of support such as hydraulic and pneumatic systems; and other protective systems such as sloping, benching, shielding, and freezing systems must be designed in accordance with the requirements set forth in § 1926.652(b) and § 1926.652(c). (b) Soil Classification. In order to use the data presented in this appendix, the soil type or types in which the excavation is made must first be determined using the soil classification method set forth in appendix A of subpart P of this part. (c) Presentation of Information. Information is presented in several forms as follows: (1) Information is presented in tabular form in Tables C-l.l, C-1.2, and C-1.3, and Tables C-2.1, C-2.2 and C-2.3 following paragraph (g) of the appendix. Each table presents the minimum sizes of timber members to use in a shoring system, and each table contains data only for the particular soil type in which the excavation or portion of the excavation is made. The data are arranged to allow the user the flexibility to select from among several acceptable configurations of members based on varying the horizontal spacing of the crossbraces. Stable rock is exempt from shoring requirements and therefore, no data are presented for this condition. (2) Information concerning the basis of the tabular data and the limitations of the data is presented in paragraph (d) of this appendix, and on the tables themselves. (3) Information explaining the use of the tabular data is presented in paragraph (e) of this appendix. (4) Information illustrating the use of the tabular data is presented in paragraph (f) of this appendix. (5) Miscellaneous notations regarding Tables C- 1.1 through C -l.3 and Tables C-2.1 through C-2.3 are presented in paragraph (g) of this Appendix. (d) Basis and limitations of the data. -(I) Dimensions of timber members. (i) The sizes of the timber members listed in Tables C-1.1 through C- 1.3 are taken from the National Bureau of Standards (NBS) report, "Recommended Technical Provisions for Construction Practice in Shoring and Sloping of Trenches and Excavations." In addition, where NBS did not recommend specific sizes of members, member sizes are based on an analysis of the sizes required for use by existing codes and on empirical practice. (ii) The required dimensions of the members listed in Tables C -l.! through C-1.3 refer to actual dimensions and not nominal dimensions of the timber. Employers wanting to use nominal size shoring are directed to Tables C-2.1 through C-2.3, or have this choice under §1926.652(c)(3), and are referred to The Corps of Engineers, The Bureau of Reclamation or data from other acceptable sources. (2) Limitation of application. (i) It is not intended that the timber shoring specification apply to every situation that may be experienced in the field, These data were developed to apply to the situations that are most commonly experienced in current trenching practice. Shoring systems for use in situations that are not covered by the data in this appendix must be designed as specified in § 1926.652(c). (ii) When any of the following conditions are present, the members specified in the tables are not considered adequate. Either an alternate timber shoring system must be designed or another type of protective system designed in accordance with § 1926.652. (A) When loads imposed by structures or by stored material adjacent to the trench weigh in excess of the load imposed by a two -foot soil surcharge. The term "adjacent" as used here means the area within a horizontal distance from the edge of the trench equal to the depth of the trench. (B) When vertical loads imposed on cross braces exceed a 240 -pound gravity load distributed on a one -foot section of the center of the crossbrace. (C) When surcharge loads are present from equipment weighing in excess of 20,000 pounds. (D) When only the lower portion of a trench is shored and the remaining portion of the trench is sloped or benched unless: The sloped portion is sloped at an angle less steep than three horizontal to one vertical; or the members are selected from the tables for use at a depth which is determined from the top of the overall trench, and not from the toe of the sloped portion. (e) Use of Tables. The members of the shoring system that are to be selected using this information are the cross braces, the uprights, and the wales, where wales are required. Minimum sizes of members are specified for use in different types of soil. There are six tables of information, two for each soil type. The soil type must first be determined in accordance with the soil classification system I I 5 fl n I I I I I I F I 18 11 I Pt. 1926, Subpt.1', App. C 29 CFR Ch. XVII (7-1-04 Edition) H I En I I I I I I I I I I I I described in appendix A to subpart P of part 1926. Using the appropriate table, the selection of the size and spacing of the members is then made. ('he selection is based on the depth and width of the trench where the members arc to be installed and, in most instances, the selection is also based on the horizontal spacing of the crossbraces. Instances where a choice of horizontal spacing of crossbracing is available, the horizontal spacing of the crossbraccs must be chosen by the user before the size of any member can be determined. When the soil type, the width and depth of the trench, and the horizontal spacing of the crossbraces are known, the size and vertical spacing of the crossbraces, the size and vertical spacing of the wales, and the size and horizontal spacing of the uprights can be read from the appropriate table. (1) Examples to Illustrate the Use of Tables C-!.! through C-1.3. (1) Example I. A trench dug in Type A soil is 13 feet deep and five feet wide. Front Table C -I.!. for acceptable arrangements of timber can be used. Arrangement HBl Space 4x4 crossbraces at six feet horizontally and four feet vertically. Wales are not required. Space 3x8 uprights at six feet horizontally. This arrangement is commonly called "skip shoring." Arrangenent 11132 Space 4x6 crossbraces at eight feet horizontally and four feet vertically. Space 8x8 wales at four feet vertically. Space 2x6 uprights at four feet horizontally. Arrangement 1183 Space 6x6 crossbraces at 10 feet horizontally and four feet vertically. Space 8x 10 wales at four feet vertically. Space 2x6 uprights at five feet horizontally. Arrangement 1184 Space 6x6 crossbraces at 12 feet horizontally and four feet vertically. Space I0x 10 wales at four feet vertically. Spaces 3x8 uprights at six feet horizontally. (2) lssample 2. A trench (lug in Type B soil in 13 feet deep and five feet wide. From Table C -I_2 three acceptable arrangements of members are listed. Arrangement HBI Space 6x6 crossbraces at six feet horizontally and five feet vertically. Space 8x8 wales at five feet vertically. Space 2x6 uprights at two feet horizontally. Arrangement HB2 Space 6x8 crossbraccs at eight feet horizontally and five feet vertically. Space I0x 10 wales at five feet vertically. Space 2x6 uprights at two feet horizontally. Arrangement HB3 Space 8x8 crossbraces at 10 feet horizontally and five feet vertically. Space 10x12 wales at rive feet vertically. Space 2x6 uprights at two feet vertically. (3) Example 3. A trench dug in Type C soil is 13 feet deep and five feet wide. From Table C-1.3 two acceptable arrangements of members can be used. Arrangement HB! Space 8x8 crossbraces at six feet horizontally and five feet vertically. Space 10x12 wales at five feet vertically. Position 2x6 uprights as closely together as possible. If water must be retained use special tongue and groove uprights to form tight sheeting. Arrangement HB2 Space 8x 10 crossbraces at eight feet horiontally 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 members is provided. Space 8x10 crossbraccs at six feet horizontally and five feet vertically. Space 12x12 wales at five feet vertically. Use 3x6 tight sheeting. Use of Tables C-2.1 through C-2.3 would follow the same procedures. (g) Notes'finall Tables. 1. Member sizes at spacings other than indicated are to be determined as specified in § 1926.652(c), "Design of Protective Systems." 2. When conditions are saturated or submerged use Tight Sheeting. Tight Sheeting refers to the use of specially -edged timber planks (e.g., tongue and groove) at least three inches thick, steel sheet piling, or similar construction that when driven or placed in position provide a tight wall to resist the lateral I 19 Pt. 1926, Subpt. P. App. C 29 CFR Ci. XVII (7-1-04 Edition) 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 possible between them. 3. All spacing indicated is measured center to center. 4. Wales to be installed with greater dimension horizontal. 5. If the vertical distance from the center of the lowest crossbrace to the bottom of the trench exceeds two and one-half feet, uprights shall be firmly embedded or a mudsill shall be used. Where uprights are embedded, the vertical distance from the center of the lowest crossbrace to the bottom of the trench shall not exceed 36 inches. When mudsills are used, the vertical distance shall not exceed 42 inches. Mudsills are wales that are installed at the 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 vertical spacing of crossbraces is four feet, place the top crossbrace no more than two feet below the top of the trench. When the vertical spacing of crossbraces is five feet, place the top crossbrace no more than 2.5 feet below the top of the trench. I I I I I H I I 20 ' N p. LU .-J x Q x X F CI Z N L 'C x CM r W u t i 6i LL d V' U h 3 Z N a pU J J Q 4 v Y y X N X N 'O V '0 VJ O M M M m . i e e e T e e Y Y •i Q J 64 < U - 3 NZ r? x X » X °$ X X x X x X o - X W Q N?' %K ZC r. » � x X .� x X o O 0 - A LU F Z e e e e a Y a > ar n X X X X x x x X X x K y N ri .^. ,o .:u .c N � X x X X X X X X X X X N O. O J NC O C 'C .C C 'C d » z w r 6 "� F' X .0 x L X .0 X J' X '0 X O X J X O X Y. X x X X m fL H C. e O '7 '0 O '0 .:J ACV » x N 4 O e Y '0 m Y '0 N .O '0 '0 » T. n. `� X X X X X X X X X X X X e Y Y Y e e .% 'C A 0 » 7 3 p e Y .0 Y a a .0 '0 '0 x x +t X X x X X X X X X X X X X a Y Y e Y 'e .: '0 0x x O 'J ON_ Oc ON yFyd x FQ. 0o cO n w0o Wo WOW LL F M' - H CI CI 0 v p II r I a O cn z V 6 FJ y C F s O F x I- 6 LL m v a J n K M1 H • - W w k k k 9 n m n y$J F n n n n Z 3 W b p b t. p ti h b k JkL O O k a- • U n n n n n n n n n > d LL N \ W W, O b b x b s b b x i x 2 WU o e n y x zo L V C C b kh 'C i .ky � y 4 U 0 tl 0 5 r v o o C fi V b ly G W 0 F Y 2 o O F p V V b p V ti j c J p Yl N J Z ,� H N W O W n Q h n iWil > a G O4 Is I I I I I I I 'Q F Z a 1 ^ a Z N EN wa U = Z o 'W U¢UZ o r iOan • F ,z Q F ' �-' W i w W DO 7 w _ N W x X ' Q N N N N N i N w U p 00 H O Cl - - r .- a 'k' U N Z X O N O_ ' V v w - Wz x °?F nn Q w u w N N N Vl N LDOE O Q > N LL U ' a 7 O m p p p O O y DD z�Z a U o. J O° X o X o o m °'. oo — m _ . c y w ' O N F O 00oo p TF uwd m0ow u U U z zU 0 00 00 o eo o C .3 '.. ' w y m 0F. ° '0 0 0 X T d F a d C F O 00 00 ? 00 C G ≥ W U `o U O c e m m 00 m 00 W u E ' 2 7 — y v U �+ FO 00 00 G 00 O O w O� F ' O NZF O O O O a K c . J Z 0 N o:U W "i app d°0 v °'. Fe y � U - d - w O= 6 V O O U v o O 7 d o y o O v o v o v o w x H v�Z tnZ tnZ rnZ r,Z v,Z v7 (N WOww nOo 00_ SON jN O o 4 a 0. 1 1 T 7 w 0. I- 0 Ct U oc a aQ N Q O O v O e v O a N N a K a e Q O v O Cl X N X e e U. X X X X Y M en W F Z F W Co. Z V a Z U e e 00 Z e V O ? C e C N Q 4 N N Z' a m O e o Cl O z N `� Z0000 C z v K w m Z b m < a O U F Z F W e e e e e e e e e a e e Z < J d v N 0 'C X 'D X b X 'O X 'D X x X x X 'O X 'O X 'D X N X cc X W W 7 N N 'O X b X 'O X 'D X SOD X X 'D X 'O X 'O X '0 X m X W U U Z. a- 7 e a b 'C 'O b 'O b 'O N O b < K W C O e e 'D G a 'O 'O X 'L X X x X X X x 'D X a e e a e e 'c .o '0 '0 '0 `c O 0 U S O e e x 'o x 'O x a x 'o x X 'o X 'o X 'o X 'c x .o x On.. � e e e e e e '0 '0 `o '0 a '0 3 O F e a e X e e X e `D X v 'D X o < X v x v X x .o x 'D 'O X 'O 'O X 'O 'O X 'o 'C X w - W V LU U O ° a a° F a°° F O a— N a— O W W W S a yN > a— > 7 7 7 7 7 7 N N x =^ daZ W W O W W OO F OON _OO m JN 0 O � p a° a N Zci < X oN v I- p W O v7 y a m • ?0 J Q z • 0 m o o_ ' J W v J N X X s eC t C N H - O x x x X X x X J n n r a e e a w m U y o p ^ LU a 3 W cW ' W L m U N N N N N N N N N O W LL W iW N o + x F O Q 0O 0O m m O N N N U — Z �p m X m O O X O N `n ' 1 Q VI v m — — m — LU11 z ' N Z F. p L N 'lam Z g U N N N N N N N N N L n I enE i m V C L O O Oq N, 'O 'O m m m m m m m W 1 N X X X X X X X X X eq p e e e 'O m m m m m C_ n O�fl F J m 4 O N X X X X X X X X X z d 'O m m C m m U U -a. Z C1 w e e 'O e m m m m m3 K W < a e e e m u e m - o F R O u CC F- m O o e m m m m m ? ' p F. e < a .o 'o m �o �o u E U u —-t' L 3 0 .o .o m m m m m o ^� X X X X X X X X X = I. Q e e v 'O .O '0 'D .o m — J Lu W C '" �y NZF O O O -- 000 00 O - O ro iy F F F o - F F F o - F F F o oO UQ °° v v W rC v7 S a LL m w a N M 0` 2 U F OWLL N 0o O O N N p N O O F 1 U^ PA x Ct F Z W LU WN r � F H x `r) N o Op OIL w Z o I F IV W O a z 0 - CM I N S S U C- W Jw O J J a CM i S n r en � O J O Wu W N r v) .n v+ ) v) � O< Z o W NZ X M O X O N X O O X O N X N N X O oCu N >0. LL Q N N EW W O a'!) X m CC X w 00 X m 00 X c0 O X W W 1 UZ ON x x 00 m ro w 's- a X X X X CC X 00 N N Q � o = ~ D O X X X X X 00 X O F Q X X X 00 X X X W T a LL y � ,o y 7� N O Z L J� 6 » M O Z N O Z� C. ,o V _ 2898 N 0 Z N O Z N O Z Z w CM N w oww o xLL NOF O OOvI _)ON C >N O I Pt. 1926, Subpt. P, App. D 29 CFR Ch. XVII (7-1-04 Edition) I I I I I Li I I I I C I I C I APPENDIX D TO SUBPART P OF PART 1926 —ALUMINUM HYDRAULIC SHORING FOR TRENCHES (a) .Scope. This appendix contains information that can he used when aluminum hydraulic shoring is provided as a method of protection against cave-ins in trenches that do not exceed 20 feet (6.1m) in depth. This appendix must be used when design of the aluminum hydraulic protective system cannot be preformed in accordance with § 1926.652(c)(2). (b) Soil Classification. In order to use data presented in this appendix, the soil type or types in which the excavation is made must first be determined using the soil classification method set k)rth in appendix A of subpart P of part 1926. (c) Presentation of Information. Information is presented in several forms as follows: (1) Information is presented in tabular form in Tables D -L1. D-1.2. D -l.3 and E-1.4. Each table presents the maximum vertical and horizontal spacings that may be used with various aluminum member sizes and various hydraulic cylinder sizes. Each table contains data only for the particular soil type in which the excavation or portion of the excavation is made. Tables D-Ll and O1.2 are for vertical shores in Types A and B soil. Tables D-1.3 and D1.4 are for horizontal wafer systems in Types 13 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 (1) of this appendix. (5) Miscellaneous notations (footnotes) regarding Table D -I.1 through D-1.4 are presented in paragraph (g) of this appendix. (6) Figures, illustrating typical installations of hydraulic shoring, are included just prior to the Tables. The illustrations page is entitled "Aluminum I lydraulic Shoring; Typical Installations." (d) Basis and limitations of the data. (I) Vertical shore rails and horizontal wales are those that meet the Section Modulus requirements in the D-1 Tables. Aluminum material is 6061-T6 or material of equivalent strength and properties. (2) Hydraulic cylinders specifications. (i) 2 -inch cylinders shall be a minimum 2 -inch inside diameter with a minimum safe working capacity of no less than 18,000 pounds axial compressive load at maximum extension. Maximum extension is to include till range of cylinder extensions as recommended by product manufaturer. (ii) 3 -inch cylinders shall be a minimum 3 -inch inside diameter with a safe working capacity of not less than 30,000 pounds axial compressive load at extensions as recommended by product manufacturer. (3) Limitation of application. (i) It is not intended that the aluminum hydraulic specification apply to every situation that may be experienced in the field. These data were developed to apply to the situations that are most commonly experienced in current trenching practice. Shoring systems for use in situations that are not covered by the data in this appendix must be otherwise designed as specified in § 1926.652(c). (ii) When any of the following conditions are present, the members specified in the Tables arc not considered adequate. In this case, an alternative aluminum hydraulic shoring system or other type of protective system must be designed in accordance with 01926.652. (A) When vertical loads imposed on cross braces exceed a 100 Pound gravity load distributed on a one foot section of the center of the hydraulic cylinder. (B) When surcharge loads are present from equipment weighing in excess of 20,000 pounds. (C) When only the lower portion 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 fables D-1.1, D-1.2, D-1.3 and D-1.4. The members of the shoring system that are to be selected using this information are the hydraulic cylinders, and either the vertical shores or the horizontal wales. When a water system is used the vertical timber sheeting to be used is also selected from these tables. The Tables D-1.1 and D-1.2 for vertical shores are used in Type A and B soils that do not require sheeting. Type B soils that may require sheeting, and Type C soils that always require sheeting are found in the horizontal wale Tables D-1.3 and D-1.4. The soil type must first be determined in accordance with the soil classification system described in appendix A to subpart P of part 1926. Using the appropriate table, the selection of the size and spacing of the members is made. The selection is based on the depth and width of the trench where the members are to be installed. In these tables the vertical spacing is held constant at four feet on center. The tables show the maximum horizontal spacing of cylinders allowed for each size of wale in the water system tables, and in the I UVV) Pt. 1926, Subpt. P, App. D 29 CFR Ch. XVII (7-1-04 Edition) I vertical shore tables, the hydraulic cylinder horizontal spacing is the same as the vertical shore spacing. (f) Example to Illustrate the Use of the Tables: (1) Example I: A trench dug in Type A soil is 6 feet deep and 3 feet wide. From Table D-1.1: Find vertical shores and 2 inch diameter cylinders spaced 8 feet on center (o.c.) horizontally and 4 feet on center (o.c.) vertically. (See Figures 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. vertically. (See Figures l & 3 for typical installations.) (3) A trench is dug in Type B soil that does not require sheeting, but does experience some minor raveling of the trench face. The trench is 16 feet deep and 9 feet wide. From Table D-1.2: Find vertical shores and 2 inch diameter cylinder (with special oversleeves as designated by footnote #B2) spaced 5.5 feet o.c. horizontally and 4 feet o.c. vertically, plywood (per footnote (g)(7) to the D-1 Table) should be used behind the shores. (See Figures 2 & 3 for typical installations.) (4) Example 4: A trench is dug in previously disturbed Type B soil, with characteristics of a Type C soil, and will require sheeting. The trench is 18 feet deep and 12 feet wide. 8 foot horizontal spacing between cylinders is desired for working space. From Table D-1.3: Find horizontal wale with a sec- tion modulus of 14.0 spaced at 4 feet o.c. vertically and 3 inch diameter cylinder spaced at 9 feet maximum o.c. horizontally. 3x12 timber sheeting is required at close spacing vertically. (See Figure 4 for typical installation.) (5) Example 5: A trench is dug in Type C soil, 9 feet deep and 4 feet wide. Horizontal cylinder spacing in excess of 6 feet is desired for working space. From Table D-1.4: Find horizontal wale with a section modulus of 7.0 and 2 inch diameter cylinders spaced at 6.5 feet o.c. horizontally. Or, find horizontal wale with a 14.0 section modulus and 3 inch diameter cylinder spaced at 10 feet o.c. horizontally. Both wales are spaced 4 feet o.c. vertically. 3x12 timber sheeting is required at close spacing vertically. (See Figure 4 for typical installation.) (g) Footnotes, and general notes, for Tables D- 1. I. 13-1.2,13-1.3, and D-1.4. (1) For applications other than those listed in the tables, refer to § 1926.652(c)(2) for use of manufacturers 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 oversteeves of manufacturers specification, extending the full, collapsed length. (3) Hydraulic cylinders capacities. (i) 2 inch cylinders shall be a minimum 2 -inch inside diameter with a safe working capacity of not less than 18,000 pounds axial compressive load at maximum extension. Maximum extension is to include full range of cylinder extensions as recommended by product manufacturer. (ii) 3 -inch cylinders shall be a minimum 3 -inch inside diameter with a safe work capacity of not less than 30,000 pounds axial compressive load at maximum extension. Maximum extension is to include full range of cylinder extensions as recommended by product manufacturer. (4) All spacing indicated is measured center to center. (5) Vertical shoring rails shall have a minimum section modulus of 0.40 inch. (6) When vertical shores are used, there must be a minimum of three shores spaced equally, horizontally, in a group. (7) Plywood shall be 1.125 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) between shores. (8) See appendix C for timber specifications. (9) Wales are calculated for simple span conditions. (10) See appendix D, item (d), for basis and limitations of the data. I I [l C1 I I I I I I L I I I I I I I Pt. 1926, Subpt. P, App. D 29 CPR Ch. XVII (7-1-04 Edition) ALUMINUM HYDRAULIC SHORING TYPICAL. INSTALLATIONS FIGURE NO. 1 FIGURE NO. 2 flRTDRAAL W Rau MS V(ATCLL 4UMMM (OWLS WO MC HYMS WYWIAlAC M014 Inns nrwOCpJ HORIZONTAL SPACING SPACING 'V. MAX. VCRtICAt SPACING {' MAX.17 •°VIA y 2MAX. FIGURE NO. 3 VENICAL MLMMLW MTCAAµC (Ho.*. ISTACIEW VEft T ICAL SPACING L' MAX. 2' MAX. VERTICAL RAIL VERTICAL MAIL x rDAAuu c crLINGeM G" VII TICAL SPACING 11 A' MAX V-21 FIGURE NO. 4 ALwMIM M'MAµC IfOftl WAM FU<M ITVPCAY HORIZONTAL SPACING A I FRTICAL MAIL 21 MAX. NTORAULIC 1 CTLIMOEt VERTICAL SPACING 29 HYDRAULIC CYLINDER U PRIGVT SNEFIING I I I Pt. 1926, Subpt. P. App. D 29 CFR Ch. XVII (7-1-04 Edition) ' I TABLED -1.1 ALUMINUM HYDRAULIC SHORING VERTICAL SHORES FOR SOIL TYPE A HYDRAULIC CYLINDERS WIDTH OF TRENCH (FEET) DEPTH MAXIMUM MAXIMUM OF HORIZONTAL. VERTICAL TRENCH SPACING SPACING UP'f08 OVERS UP OVER 12 UP TO12 1015 (FRET) FE (FEET) OVER s S UPTO 10 2 INCH OVER 10 S 4 2 INCH DIAMETER 3 INCH UP TO DIAMETER NOTE (2) DIAMETER IS OVER IS T UPTO 20 OVER 20 NOTE (1) Footnotes to tables, sod general 'totes on hydraulic shoring, am touud In Appendix U. Item (g) Note (1): See Appendix D. Item (g) (I) Note (2): See Appendix D. Item (g) (2) 30 I L L LI I L L I I L I I 2 ci p. G C ow =O ?i > 0 0 F LU a = G owwF G =0 ziF >� o 0 0 0 z N p O L y L J r } » O OZN Li O Ow N J m n.Um "- j ai < c p J S } -"c-- -tO ?> 5�:� a • X ¢ ^ 5 U.-• O 3 z L J 9 iP - w» v n °---- N uJ .0 h E < ¢ a C E O N C = odd -' K K • J G a62 Y C=i F C O O C 0 ^� U LU LU & t:J 3l Z © �G OI- v� vi�p W > > �G� > �� N W Jni••'. pOcce �-, 0 D 0 0 >O %- 7 Z I a O U 0 Ia ry yaz r N � .1 W ad p<}F 9)1 d< O N I a^ i U '^ i I N 0. i 7 u e O I , flp1 � i Vl M M M M M M M M M d p N_ U O 0 4 O O O OO 00 ad 9 vi .e W W W N N_ N qq z N ZL ZI Z Z Z Z_ Z_ Z Z W W� r W r ` - r ^ '� 0 Il N O l_ N O M N O M M N M M U Z a~ p z z z U F 00 J W S00 a v o0 o h .d a G O 2a�f = 3 z z z z z z z z r N N M r N r M en M - N r M - M ao p 0. V O O cc O G Vj O O^a ' N. 4 oo 2 VlLu �G O. '••' = V1 00 z In Z CUUC I O O O O y' O O M � Zen W J 3o a a pF•v u1 y VI > S O z V f K O oC O N W >'^y� >yN W W O O O O O D p O I I I II FT I I I I I I I I I I \ 0. ( t§ mfg • 7 ` en en )@ - - - d$ f __- In / § ! § § § ! ! )d : .4 _ _ § _ _ ` z® z§ z - - -- - 2 \ ( / ;l -) ; , , §§ . : a - a j \( \ § /)/ ® , _ _ © \/) § - - - - - - - - Z G u] } \ , \ \ \ X. \ \ \ \ E\ } _ o a _ ] - en, _ _ _ j\\ IC \ , , , ) - ___ - 9 - a - 9 ) wOU / /`t� o- !`& o-- 0 })/) 4 d LI N Ij Pt. 1926, Subpt. P, App. E. 29 CFR Ch. XVII (7-1-04 Edition) Figure :1. Trench Jacks (Screw Jacks) Ar Figure 4. Trench Shields 35 Pt. 1926, Subpt. P, App. F APPENDIX F TO SUBPART? OF PART 1926 - SELECTION OF PROTECIIVESYSTEM.S The following figures are a graphic summary of the requirements contained in subpart P for excavations Is there potential for cave-in? Co to Figure 2 29 CFR Ch. XVII (7-1-04 Edition) 20 feet or less in depth. Protective systems for use in excavations more than 20 feet in depth must be designed by a registered professional engineer in accordance with § 1926.652(b) and (c). Is the excavation more than 5 feet in depth? Excavation may b made with vertical sides. Is the excavation ' entirely in stable rock? 1 e YES ' 1 1 Excavation must be sloped, shored, or shielded. Shoran or shielding se ected. , Co to Figure 3 FIGURE 1 - PRELIMINARY DECISIONS t 36 Pt. 1926, Subpt. P, App. F 29 CFR Ch. XVII (7-1-04 Edition) Excavation must comply with one of the following three options: Option I: J 1926.652 (b)(2) which requires Appendices A and B to he followed Option 2: §1926.652 (b)(3) which requires other tabulated data (see definition) to be followed. Option 1: 1926.652 (b)(4) which requires the excavation to be designed by a registered professional engineer. Sloping selected as the method of protection Will soil classification be made in accordance with j1926.652 (b)? Excavations must comply with$1926.652 (h)(1) which requires a slope of 1½H:IV (140). FIGURE 2. - SLOPING OPTIONS 37 Pt. 1926, Subpt. P, App. F 29 CFR Ch. XVII (7-1-04 Edition) ' Shoring or shielding selected as the method of protection. Soil classification is required when shoring or shielding is used. The excavation must comply with one of the following four options: Option 1 1926.652 (c)(1) which requires Appendices A and C to be followed (e.g. timber shoring). Option 2 $1926,652 (c)(2) which requires manufacturers data to be followed (e.g. hydraulic ehoring,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 51926.652 (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 I C H I Li I H C1 I 11 I L I H C Li kV I RECOMMENDATION: The Staff recommends Council approval of the following: (1) Award of the Construction Contract to C-2 Projects, LLC, in the amount of $1,169,336.25. (2) Approval of a 10% Project Contingency in the amount of $116,933. (3) Approval of the related Budget Adjustment in the amount of $544,391. FUNDING FOR 2005: 2005 Budget $849,346 Funds used to date $107,468 Remaining Funds $ 741,878 Needed Budget Adjustment $544,391 One reason for the estimated cost over -run is that the original estimate did not include the additional improvements which involve the over -sizing of the water mains, and additional fire protection improvements. Another reason is the abundance of construction projects and the low number of interested contractors in Northwest Arkansas. Tle &,IJ l,o 3J $u,'5 4,t 6 t6t -- ttt&,ues, SN/sn Attachments: Contract Documents Vicinity Map Letter of recommendation Bid Tabulation Garver Engineers, LLC 1088 Ent Millaap Road Fayetteville, Arkansas 72703 (479) 527-9100 FAX (479) 527-9101 www.garverenglneers.com I April 5, 2005 Mr. Sid Norbash City of Fayetteville Engineering Department 113 W. Mountain Street Fayetteville, AR 72703 Re: Gregg Avenue Water System Improvements — Phase II Evaluation of Bids Garver Project No. 0296-3600 (2) Dear Sid: Ll GARNER ENGINEERS Four bids were received at 2:00 p.m. on Friday, April 1, 2005 for the Gregg Avenue Water System Improvements Project — Phase II. The bids have been checked for accuracy and a tabulation of the bids is enclosed with this letter. A summary of the bids and Garver's opinion of construction cost is shown below. Contractor Bid C-2 Projects $ 1,169,336.25 Garver Engineers' Estimate $ 1,186, 375.00 GN Contractors $ 1,334,969.70 Mobley Contractors, Inc. $ 1,368,998.55 Sweetser Construction, Inc. $ 1,534,575.45 We checked references provided by the low bidder, C-2 Projects, and have attached a summary of our discussions. Based on our conversations with the provided references, Garver recommends the award of this project to C-2 Projects for the amount of $1,169,336.25. Respectfully submitted, GARVER ENGINEERS Jerry Morrow, PE Senior Project Engineer Cc: Bob Davis, PE — Water & Waste Water Director Dave Jurgens — Water & Wastewater Maintenance Superintendent Ron Petrie, PE - City Engineer Project Files Brentwood, TN • Fayetteville, AR • Huntsville, AL • Little Rock, AR a Jackson, MS • Norman, OK • Topeka, KS • Tulsa, OK Garver Engineers, LLC • 1088 East Mlllsap Road Fayetteville, Arkansas 72703 479-527-9100 FAX 479.577.9101 www.garverengineers.com GARNER ENGINEERS PHONE RECORD Author: Chris Buntin, El (Garver Engineers) Date: 4/5/05 Project: Gregg Avenue Water System Improvements - Phase II Subject: References for C-2 Projects A phone record for checked references provided by C-2 Projects is shown below for the referenced project. C-2 Projects is located in Springfield, Missouri. A contact for C-2 Projects is David Ewing at (417) 832-9937 business and (417) 827-1490 mobile. • 415105- City of Springfield, Derek Lee (417) 864-2057 Derek has had two sewer jobs with C-2 Projects. They have had no liquidated damages, do a good job, good with cleanup, and they have completed jobs ahead of schedule. • 4/5/05 - City of Springfield, Kim Brown (417) 864-1933 Kim did the inspection on a sewer job with C-2 Projects. They were late starting her project because of other projects. She had no real problems with their work. They ran over schedule a few days because of rock excavation encountered. • 4/5/05 - APAC Missouri, Dave Foreman (417) 868-6700 APAC was the prime contractor for a Missouri Department of Transportation roadway project and they hired C-2 Projects to perform water line relocations. The water relocations were very difficult because of an intersection with numerous other utilities to contend with. C-2 Projects got the job done on a rush schedule. They have a lot of experience. C-2 Projects is not a big contractor. • 4/5/05 - Simmons Engineering, Brian Bowers (417) 732-1883 Brian is doing the inspection on 4 -inch and 6 -inch water line replacements in the City of Bull Creek, Missouri currently under construction by C-2 Projects. Brian and the City of Bull Creek have no complaints about them and are happy with the work accomplished. They are on schedule to complete the work. • 4/5/05 - Archer Engineers, Doug Carmichael (417) 865-4083 C-2 Projects had a sewer job with them that had a lot of existing utilities to contend with. They did good work on time. However, they are a small contractor, need more professionalism, and have trouble communicating. They had problems on the paperwork for a change order. Brentwood, TN • Fayetteville, AR • Huntsville, AL • Little Rock, AR • Jackson. 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N N N N N N N N N N N N N N N LI yO - P\ PNO JJ - a W W N y p S o g o o u u c - Y s 8 C a O g g g O O g g V g 0 g 0 a\ - N N pp } 9 Q t44- pa U ep K ci a i P O g P P b W P N N N N N N N N N M N N N N N .4_papa N W Q 9 a O U N N - J\ W - VI - N a O LI s a J a P- y a W y P\ N a N J J O O NN W LI In n is a\ i P O P S a a COO 'al N N N N N N N N N N N N N N-^ E II P i N O —— - 131010101 g �p u Np 9 y g O O O O O p N U p— Nm 0 0 0 o u g 8 8 0 o g 1O1o g g m N 444,44444' 44444,4444 N N N N P i N V —— N b N N U= 0 U J Q O Q i J J W J - u o 8 W 0 0 9 Ne S N Z N O g g O N g g g g g g g g g A Clarice Pearman - Res 93-05 Page 1 From: Clarice Pearman To: Norbash, Sid Subject: Res 93-05 Sid, Attached is a copy of the resolution passed by City Council, May 3, 2005 regarding a contract with C-2 Projects LLC. Also attached is a copy of the contract and budget adjustment. The original budget adjustment will be return via interoffice mail to Budget & Research. Thanks. Clarice CC: Deaton, Vicki; Fell, Barbara City of Fayetteville is Staff Review Form City Council Agenda Items Contracts May 3, 2005 City Council Meeting Date Sid Norbash, Staff Engineer Engineering Operations Submitted By Division Department Action Required: withC-2 Projects LLC in the Gregg Ave. Water stem Improvements, also the project contingency in the amount of $116,933 (10%), and the related budget ustment in the amount of $544,391. $1,286,269.00 Cost of this request 5400-5600-5808-00 Account Number 02129-20 Project Number Budgeted Item �X $849,346 Category/Project Budget $107,468 Funds Used to Date $741,878 Remaining Balance Budget Adjustment Attached i:iX Department Director Date City Attorney �_ Financed Internal Service Director Date Mayor Date GreggAve. Water System Im rvts. Project Program Category / Project Name Water System Improvements Program / Project Category Name Water & Sewer Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office Received in Mayor's Office From: Clarice Pearman To: Hurd, Coy Date: 5/6/05 12:06PM Subject: Res92-05 Coy, Attached is a copy of the resolution passed by City Council, May 3, 2005 regarding the contract with Jimmy Patton. Also attached is a copy of the contract and insurance. Thanks. Clarice CC: Deaton, Vicki c-2 Proj1Cf5V /Jatr 4y5, I rip, To: Fayetteville City Council Thru: Dan Coody, Mayor Gary Dumas, Director of Operations Bob Davis, Water & Wastewater Director Ron Petrie, City Engineer From: Sid Norbash, Staff Engineer _a4..v Subject: Gregg Ave. Water System Improvements Project Construction Contract with C-2 Projects LLC BACKGROUND Gregg Ave. is scheduled for improvements and widening by Arkansas Highway & Transportation Department, from Futrall Drive to Township Rd.(please see attached vicinity map). In order to clear the way for the widening project by A.H.T.D., the existing water line serving this area will have to be relocated to avoid construction conflicts with the highway facilities. Also, in addition to the necessary relocation, the Staff has requested some over -sizing of the water mains, and fire protection improvements for this area. There are also some minor sewer adjustments and improvements planned for this project as well. Per City Council approval Garver Engineers, LLC has been performing the engineering tasks for this project. Plans and Specifications were completed in March, and the project was advertised for construction. DISCUSSION / STATUS On April 1, 2005, four bids were received by the City of Fayetteville and the low bidder is C-2 Projects, LLC, from Springfield Missouri, in the amount of $1,169,336.25. Garver Engineers inquired about the past performances of C-2 Projects construction company, and the results have been favorable. Attached for your information are the Garver's award recommendation, as well as bid tabulation sheets. Li RESOLUTION NO. A RESOLUTION APPROVING A CONSTRUCTION CONTRACT WITH C-2 PROJECTS LLC IN THE AMOUNT OF $1,169,336.25 FOR THE GREGG AVENUE WATER SYSTEM IMPROVEMENTS; APPROVING A 10% PROJECT CONTINGENCY IN THE AMOUNT OF $116,933.00; AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $544,391.00 FOR SAME. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of Fayetteville, Arkansas, hereby approves a construction contract with C-2 Projects LLC in the amount of $1,169,336.25 for the Gregg Avenue Water System Improvements. A copy of the contract marked Exhibit "A" is attached hereto and made a part hereof. Section 2. That the City Council of Fayetteville, Arkansas, hereby approves a 10% project contingency in the amount of $116,933.00. Section 3. That the City Council of Fayetteville, Arkansas, 4by approves a budget adjustment in the amount of $544,391.00 for s PASSED and APPROVED this 3rd day of MayrD: APPRO By: DAN OODY, Mayor rW I 171 DR UNIVERSITY OF ARKANSAS 112 EXPERIMENTAL aFARM PROJECT 7\\LOOATION_ o III VICINITY MAP NO SCALE City of Fayetteville Staff Review Form City Council Agenda Items Contracts For Mayor's Approval City Council Meeting Date Sid Norbash �i,/ Engineering Operations Submitted By Division Department Action Required: Approval of the Construction Contract Change Order #1 with C-2 Project for Gregg Ave. Water Waterline Relocation Project Phase II, in the amount of $30,000. $30,000.00 Cost of this request 5400-5600-5808-00 Account Number 02129-10 Project Number Budgeted Item EX Project Contingency $116,933 Category/Project Budget $7,900 Funds Used to Date $109,033 Remaining Balance Budget Adjustment Attached Depa ment irector Date City Attorney Fi ance and Internal Service Director Date Greg Ave. Waterline Relocation Project Phase II Program Category / Project Name Water System Improvements Program / Project Category Name Water & Sewer Fund Fund Name Previous Ordinance or Resolution Original Contract Date: 5/3/2005 Original Contract Number: 996 Received in City Clerk's Office • ] T ! //.AV Item Recuirinll Mayor's Approval To: Mayor Dan Coody Thru: Gary Dumas, Director of Operations David Jurgens, Water & Wastewater Director Ron Petrie, City Engineer q7 From: Sid Norbash, Staff Engineer Date: November 2, 2005 Re: Gregg Ave. Waterline Relocation Phase II Construction Contract Change Order #1 RECOMMENDATION Staff recommends approval of the Change Order #1 in the amount of $30,000. BACKGROUND This project has been necessitated due to the widening of Gregg Ave. by AHTD, and is Phase II of Waterline Relocations on Gregg Ave. Limits of the construction extends from Fullbright Expressway, South to Sycamore Street. DISCUSSION There were some changes made to the AHTD's final plans that were not available to the Garver Engineers, at the time of final design of this project. These changes arc the additional depths of two drainage culverts to be constructed by the Highway Department, resulting additional depth for the water line. These two locations happen to be in the creek beds, and in solid rock. The City Staff and Garver Engineers met with the contractor and negotiated a Lump Sum price of $30,000 for all the rock excavation related to these two crossings. The impact on the cost of this construction contract is as follows: Original Contract Price......................$1,169,336.25 Extra Cost of Change Order #1 .............S 30,000.00 Revised Price of Contract ...................S 1,199,336.25 BUDGET IMPACT Project Contingency approved by City Council ...... $1 16,933.00 Used to date ................................................ $ 7,900.00 Balance available for this Change Order ................S109,033.00 SN/sn Attachment: Copy of Resolution 93-05 Change Order #1 7/ RESOLUTION NO. 93-05 A RESOLUTION APPROVING A CONSTRUCTION CONTRACT WITH C-2 PROJECTS LLC IN THE AMOUNT OF $1,169,336.25 FOR THE GREGG AVENUE WATER SYSTEM IMPROVEMENTS; APPROVING A 10% PROJECT CONTINGENCY IN TI-IE AMOUNT OF $116,933.00; AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $544,391.00 FOR SAME. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYEITEVILLE, ARKANSAS: Section 1. That the City Council of Fayetteville, Arkansas, hereby approves a construction contract with C-2 Projects LLC in the amount of $1,169,336.25 for the Gregg Avenue Water System Improvements. A copy of the contract marked Exhibit "A" is attached hereto and made a part hereof. Section 2. That the City Council of Fayetteville, Arkansas, hereby approves a 10% project contingency in the amount of $116,933.00. Section 3. That the City Council of Fayetteville, Arkansas, hereby approves a budget adjustment in the amount of $544,391.00 for same. PASSED and APPROVED this 3rd day of May, 2005. •p_ By: ; FAYL I i EYlLLE ; ? DAN COODY, Mayor • •� ATTEST: By; SON RA SMITH, City Clerk Construction Contract Change Order Project: Gregg Avenue Water System Improvements. Phase II Garver Job No, 0296-3600•2 Change Order No, 1 Date Prepared: 10125/05 Owner City of Fayetteville Fayetleville, AR 72701 Contractor: C2 Protects 4903 S. Stanton Spnngfield, MO 65810 Description of Work Included in Contract Installation of 18' PVC waterline with two creek crossings. 17, 8' and 6• PVC waterline connections to existing facilities. borings. steel encasement pipes. file hydrants, water taps. DIP fittings. water semce line connections and modifca ions. and 16• gravity sewer line wnh manholes. Changes and Reasons Ordered (List Individual Changes as: A. B, C, D. etc.) A. Add rock excavation to unit price list. Rock excavation shall be in accordance with Section 02229 - Rock Removal of the Contract Documents. except tiNI explosives and blasting shall not be used. Contract Cha s Bid Item No. Bid Item Desch tron Original Estimated Quantity Unit of Meas. Contract Unit Price Revised Estimatec Quantity Revised Unit Price Original Estimated Cost Revised Estimated Cost A. 52 Rock Removal 0 LS 50.00 1 $30.00000 50.00 330.000.00 Summation of Cost $0.00 $30,000.00 Net Cost for this Change Order $30.000.00 Estimated Project Cost Estimated Pr eta Cost Time Change Original Contract Start Date May 31, 2005 Original Contract Time (calendar days) 180 Additional Calendar Days granted by thus Change Order 64 New Contract Time (calendar days) 244 New Final Completion Date January 30.2006 Original Contract Amount Previously Approved Changes This Change Order New Contract Annum $1,169,336.25 $0.00 530,000.00 $1,199,336.25 THIS AGREEMENT IS SUBJECT TO ALL ORIGINAL CONTRACT PROVISIONS AND PREVIOUS CHANGE ORDERS ISSUED FOR REASONS INDICATED ABOVE Engineer: Garver Engineers nneers Sinature �• //'OI y1'v �Zs `mss Title Date ACCEPTED BY CONTRACTOR actor n e Title Date APPROVED BY OWNER fl Owners Si nature MavO r (� t l Tide D-a(a 0 Glance Pearman - C-2 Projects Page 1 From: Clarice Pearman To: Norbash, Sid Date: 11/8/05 10:26AM Subject: C-2 Projects Sid, Attached is a copy of the signed change order for C-2 Projects. I will forward via interoffice mail two of the three originals of the CO#1. Thanks. dance CC: Bell, Peggy; Deaton, Vicki City of Fayetteville Staff Review Form City Council Agenda Items Contracts Mayors Approval City Council Meeting Date .►_ a Pro ja+s Sid Norbash, Staff Engineer r Engineering Operations Submitted By Division Department Action of $2,598.25 for Gregg Ave. Water System Improvements Project. $2,598.25 Cost of this request 5400-5600-5808-00 Account Number 02129-20 Project Number Project Contingency $116,933 Category/Project Budget $37,900 Funds Used to Date $79,033 Remaining Balance GreggAve. Water System Im ruts. Project Program Category I Project Name Water System Improvements Program I Project Category Name Water & Sewer Fund Name Budgeted Item rX Budget Adjustment Attached Previous Ordinance or Resolution # 93-05 De ment Dir ctor Date Original Contract Date: 5-3-2005 6 �1 Oc Original Contract Number: 996 City Attorney Received in Ciry Clerk' to I tKED Finance and Internal Service Dir ctor Date Received in May Office e,6 l7 Mayor Date Item Requiring Mayor's Approval To: Mayor Dan Coody Thru: Gary Dumas, Director of Opera ' n David Jurgens, Water & Wastewater Director Ron Petrie, City Engineer 0 From: Sid Norbash, Staff Engineer Date: June 15, 2006 Re: Gregg Ave. Waterline Relocation Phase II Construction Contract Change Order #2 (Final Reconciliation) RECOMMENDATION Staff recommends approval of the Change Order #2 (Final Reconciliation) in the amount of $2,598.25. This project has been necessitated due to the widening of Gregg Ave. by AHTD, and is Phase II of Waterline Relocations on Gregg Ave. Limits of the construction extends from Fullbright Expressway, South to Sycamore Street. DISCUSSION The construction of this project has been completed. The summery of the costs are as follows: Original Contract Price......................$1,169,336.25 Extra Cost of Change Order #1 .............$ 30,000.00 Revised Price of Contract...................$1,199,336.25 Actual cost of contract ......................$1,195,319.50 Under -run ......................................$ 4,016.75 Extra work requested by City ..............$ 6,615.00 Net additional cost...... . . . . . . . .....$ 2,598.25 For details and justifications please refer to the attached Change Order #2 (Final) BUDGET IMPACT Project Contingency approved by City Council ...... $116,933.00 Used to date ................................................ $ 37,900.00 Balance available for this Change Order.. ..............$ 79,033.00 SN/sn Attachment: Copy of Resolution 93-05 Change Order #2 RESOLUTION NO. 93-05 1 •��\� • ....•• • • t• • • 4' 1 I. • •' r• '•' 1: •'i :1 . il• i 1 •• :I 1t - • ti I. 1 I. • • • • 11 '• ' U. �•W : : •i • MI • M •' ____ p r. •'i• • • :J :tom v• 1 • •''1 J I. •• • Ii rs ii :.• • 1'� • • •. •fl :1 .. • 11 •) n .0 • • • • • 11 •S.:1. ATTEST: i Construction Contract Change Order Pmisct Gregg Avanie Waw Sysln Mporwneds. Ruse 0 Gayer Job No. 029&7000.2 h WEWOeserNo. 3,R&wWml SUPERCEDES CHANGE 3 PREPARED MAY 10, 2006 Da. Prepaid: May 30.2006 Own.,: Coy d FayeaaAe natacta C2Profl 49035. Sargon F ,AR 72701 ,34085010 DesConked kWaaam of fit' PVC waa ilm with ao Creak tvceakgs, 17, r aril r PVC aroma correction to wWkg fadNMs, wrkgs, east ar"ammt pipes. Ye hyM1ra, WSW ape, DP Mkgs. wear wvla U.S mnidbr and modkod", and it gmvky aawer one wit matiNs. Charges and Reaaw Ord.W (List adividual Charges a: A. BC, D, arc.) A. yield an r O drkvaM by Resat west of tie kawaed6on of TwvS Sweet ad Green Aores Rood as requested aid dwded by the Owl to provide a mean adatg M exlWrg we. B. krpovs the *Slaps Si m Shea 5 and 13, Lira F. SWIM 1+73 to exisrg Wad A apPwkn ley Seim 1+80, es drw1W by to Engineer. Owner rear-Nd a armaay non mad mere tat aawan prMwl C. Rep air aphaiwowa@w psvrraa r the kanwmnd TovWep and Caw, Aare a Nan in Cameo Pavenao R.WY DO, Shat 16. except to to mrnsla portion d to as pads abaa be Mt HpvessrrpteMyamrg ..a.. Can atide waelpn slid kOres a•IaOar, rkralarials. and eq. waraceawy to safety redid Walk. rw ve adsag pe4enwA and cabijd the pamlawt psvawa npsir as IMad to Ms dares adw. The mvism applies to tier asph i ropeks wxaaaa by ra add5as done• Romac osdtvte (tie dwge ada)ai a Twreapfaesn Haas Man. Tao Is Si ow 4" a5Nd discs. D. Charge quacks to rdxt as -bout mndtlara as abwn on the aadied SpreedVMs. ATTACHMENT: Charge Order 3 Cost Breakdown Bid Bid Onprui Una Corn Reed Revved PwNaw Revaed Comma A. Ran No. 53 am $ Ronac Oldtvabs Ed.,-'- 0 of New. EA Unit Prim 90.00 Eaawled 1 Unit Price $4868.00 EMknsted Cast $0.00 6aaad Cot $4,688.00 B. 54 DIM MVMM We 0 EA $0.00 1 $327.00 $00.00 $327.00 C. 55 Canasta T-PaM 0 LS $0.00 1 $1,62000 $0.00 $1.820.00 D. 1 tiru 52 Mona Im Mm 53 aid 54 55 1 1 $1.199,336.25 $1,195.319.50 SunnsNn of Coat $1,19$,37625 $1 fl 33450 Net Crow ask *As Order $2.59$25 EMkaaW Pro)es1 Cow Taw Change EwNerd Projad Cost Coned St Dale May 31, 2005 Odpnal Conaad Maus $1.16,77815 Odpral Caract THIS (Caaaa days) 100 PradcNy Append Charges $30.06-00 PrSaay APPotwd Cnaga (ett days) 94 Tile Crag. adder 52,6525 Tors Change Order (ceaaer Drys) 6 New Conkat Mrwe $1201,93430 New Corakudon Dale May 5,2006 THIS AGREEMENT IS SUBJECT TO ALL ORIGINAL CONTRACT PROVISIONS AND PREVIOUS CHANGE ORDERS ISSUED FOR REASONS INDICATED ABOVEI.,, _ .� L/mo/is ld.Y�72. Elgkr Growngk Enas , aaDate TMo WIN ACCEPTED BY R CONTRACTdt APPROVED BY Gw�R C O6 TIM o.r Si Gregg Street Water System Improvement, Phase CHANGE ORDER 3 COST BREAKDOWN Previous Previous Revised Revised ITEM Unit Estimated Estimated Estimated Estimated NUMBER DESCRIPTION UNIT Price Quantity Amount Quantity Amount 1 18" PVC C-905 DR -18 Waterline LF $70.00 6550 $458,500.00 8558 $459,060.00 2 17 PVC C-900 DR -14 Waterline LF $47.50 380 $18,050.00 188 $8,930.00 3 8' PVC C-900 DR -14 Waterline LF $33.50 1,160 $38,860.00 828 $27,738.00 4 6" PVC C-900 DR -14 Waterline LF $27.25 135 $3,678.75 154 $4,196.50 5 4 PVC C-900 DR -14 Waterline LF $16.75 20 $335.00 12 $201.00 6 Ductile Iron Fittings LB $6.75 9,590 $64,732.50 10383 $70,085.25 7 8"X8" Tapping Sleeve and Valve with EA $2,130.00 4 $8,520.00 10 $21,300.00 Valve Box 8 18' Butterly Valve with Valve Box EA $4,905.00 12 $58,860.00 13 $63,765.00 9 12" Butterfly Valve with Valve Box EA $2,980.00 1 $2,980.00 1 $2,980.00 10 8" Gate Valve with Valve Box EA $1,270.00 9 $11,430.00 9 $11,430.00 11 Air Release Valve EA $1,850.00 1 $1,850.00 1 $1,850.00 12 Fire HydrantAssembly EA $2,835.00 6 $17,010.00 6 $17,010.00 13 Cut and Cap Existing 8' Water Main EA $635.00 4 $2,540.00 9 $5,715.00 14 Cut and Grout Existing Water Main EA $1,000.00 8 $8,000.00 3 $3,000.00 15 2" Polyethylene Service Line LF $11.10 50 $555.00 10 $111.00 16 1' Polyethylene Service Line LF $10.00 50 $500.00 50 $500.00 17 2' Service Saddle EA $255.00 1 $255.00 1 $255.00 18 1' Service Saddle EA $230.00 1 $230.00 4 $920.00 19 2' Ball Valve EA $217.25 1 $217.25 1 $217.25 20 1" Ball Valve EA $92.00 1 $92.00 1 $92.00 21 2" Water Meter Yoke EA $925.00 1 $925.00 0 $0.00 22 1' Water Meter Yoke EA $185.00 1 $185.00 0 $0.00 23 3/4' Water Meter Yoke EA $105.00 1 $105.00 0 $0.00 24 Water Meter Box EA $165.00 1 $165.00 0 $0.00 25 Water Meter Lid EA $62.50 1 $62.50 0 $0.00 26 Adjust Existing Meter Location EA $101.75 1 $101.75 0 $0.00 27 Permanent ACHM Pavement Repair SY $45.00 885 $39,825.00 885 $39,825.00 28 Permanent Concrete Pavement Repair SY $50.00 115 $5,750.00 115 $5,750.00 29 Class 7 Back611 Under Pavement CY $12.00 208 $2,496.00 208 $2,496.00 30 30' Bored Steel Encasement Pipe LF $500.00 70 $35,000.00 0 $0.00 31 30' Steel Encasement Pipe Installed By LF $200.00 370 574,000.00 453 $90,600.00 Open Cut 32 24" Steel Encasement Pipe Installed By LF $110.00 125 $13,750.00 125 $13,750.00 Open Cut 33 16" Bored Steel Encasement Pipe LF $338.00 25 $8,450.00 50 $16,900.00 34 16" Steel Encasement Pipe Installed By LF $87.50 405 $35,437.50 375 $32,812.50 Open Cut 35 12" Steel Encasement Pipe Installed By LF $80.00 105 $8,400.00 105 $8.400.00 Open Cut 36 Concrete Encasement CY $170.50 175 $29,837.50 249 $42,454.50 37 Embankment Over Water Main CY $10.50 1,250 $13,125.00 1250 $13,125.00 38 4' Concrete Sidewalk SY $55.00 77 $4,235.00 0 $0.00 39 7 Concrete Curb and Gutter LF $20.00 15 $300.00 20 $400.00 Ps 1N2 Gregg Street Water System Improvement, Phase II CHANGE ORDER 3 COST BREAKDOWN Previous Previous Revised Revised ITEM Unit Estimated Estimated Estimated Estimated NUMBER DESCRIPTION UNIT Price Quantity Amount Quantity Amount 40 41 42 43 44 6' Concrete Curb Remove and Deliver existing Fire Hydrant Remove and Replace Existing Fence 4' ID Manhole (0'-12' Deep) 16" PVC SDR-21 Gravity Sewer (0'-12' LF EA LF EA LF $18.00 $250.00 $15.00 $2,468.50 $86.50 30 4 30 2 509 $540.00 $1,000.00 $450.00 $4,937.00 $44,028.50 0 4 30 2 509 $0.00 $1,000.00 $450.00 $4,937.00 $44,028.50 Deep) 45 46 47 48 49 50 51 52 Remove and Dispose of Existing Manhole Conned toExisting Manhole Mobilization Site Preparation Trench Excavation and Safety Maintenance of Traffic Erosion Control Rock Excavation EA EA LS LS LS LS LS LS $1,075.00 $1,700.00 $65,000.00 $23,500.00 $12,260.00 $37,000.00 $8,500.00 $30,000.00 1 1 1 1 1 1 1 1 $1,075.00 $1,700.00 $65,000.00 $23500.00 $12,260.00 $37,000.00 $6.500.00 $30,000.00 1 1 1 1 1 1 1 1 $1075.00 $1,700.00 $65,000.00 $23,500.00 $12,260.00 $37,000.00 $8.500.00 $30.000.00 TOTALS $1,199,336.25 $1,195,319.50 P.p. 2 of 2 From: Clarice Pearman To: Norbash, Sid Date: 6.28.06 3:31 PM Subject: C-2 Projects Sid, Attached is a copy of the signed Change Order #2 for the above company. I will forward to you two of the three agreements via interoffice mail. If anything else is needed please let me know. Thanks. Clarice CC: Audit City of Fayetteville Staff Review Form City Council Agenda Items Contracts i-i-C �a1 Only Mayor's Approval Needed City Council Meeting Date Sid Norbash, Staff Engineer Engineering Operations Submitted By Division Department Action Required: Approval of Change Ogtier #1 to the contract withC-2 Projects, LLC in the amount of $8,577.00 for Hwy 62 - Farmington -Waterline Relocations Project $8,577.00 Cost of this request 5400-5600-5808-00 Account Number 04034-10 Project Number Budgeted Item �X $1,169,336 Category/Project Budget $979,633 Funds Used to Date 189,703 After Re -budget of 2007 $46,707 Remaining Balance Budget Adjustment Attached Hwy 62 -Farmington Waterline Replacement Project Program Category / Project Name Water System Improvements Program / Project Category Name Water & Sewer Fund Name 94oy Previous Ordinance or Resolution # 93-05 Department D eor c Date Original Contract Date: 5/3/2005 LPG 9, Q - (4 Finance and Internal Service Director Date Mayor Date Original Contract Number: 1004 Item Requiring Mayor's Approval To: Mayor Dan Coody Thru: Gary Dumas, Director of Operations Ron Petrie, City Engineer 47 From: Sid Norbash, Staff Engineer _4-_-' Date: September 4, 2007 Subject: Change Order #1 / Highway 62 (Farmington) Waterline Relocation RECOMMENDATION Approval of Change Order #1 to the contract with C-2 Projects, in the amount of $8,577.00 BACKGROUND Because of widening of Highway 62 in Farmington certain relocations have been necessitated to clear the way for AHTD to construct the proposed improvements. The waterline relocation project has been completed, however, due to some re -alignments by AHTD two fire hydrants and two meter boxes still need to be relocated, this was not originally anticipated. These changes were necessitated because of some additional Right of Way Changes. When this project was designed, McClelland Consulting Engineers, in a cost saving effort, left two fire hydrants and two meters in place. According to the preliminary plans no conflict existed at the time. However, the final plans were slightly different and caused these conflicts. BUDGET IMPACT Project Budget & Contingency approved by City Council ...... $1,286,269 Used to date and after 2007 Re -budget ........................... $1,239,562 Balance Remaining ............................................... $ 46,707 SN/sn Attachments: 2 RESOLUTION NO. 93-05 A RESOLUTION APPROVING A CONSTRUCTION CONTRACT WITH C-2 PROJECTS LLC IN THE AMOUNT OF $1,169,336.25 FOR THE GREGG AVENUE WATER SYSTEM IMPROVEMENTS; APPROVING A 10% PROJECT CONTINGENCY IN THE AMOUNT OF $116,933.00; AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $544,391.00 FOR SAME. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of Fayetteville, Arkansas, hereby approves a construction contract with C-2 Projects LLC in the amount of $1,169,336.25 for the Gregg Avenue Water System Improvements. A copy of the contract marked Exhibit "A" is attached hereto and made a part hereof. Section 2. That the City Council of Fayetteville, Arkansas, hereby approves a 10% project contingency in the amount of $116,933.00. Section 3. That the City Council of Fayetteville, Arkansas, hereby approves a budget adjustment in the amount of $544,391.00 for same. PASSED and APPROVED this 3rd day of May, 2005. •Aa By: ; :FAYETTEVILLE: = • DAN COODY, Mayor ATTEST: J By: &a(tctti SON RA SMITH, City Clerk CHANGE ORDER NO. 1 PROJECT: CITY OF FAYETTEVILLE HIGHWAY 62 WATER MAIN REPLACEMENT PROJECT NUMBER: FY042125 CONTRACT DATE: July 5, 2005 DATE OF ISSUANCE: August 21, 2007 EFFECTIVE ON DATE APPROVED BY OWNER OWNER: City of Fayetteville CONTRACTOR: C-2 Projects, LLC 1) Move the fire hydrant at Hwy 62 and Cherry Street to the back edge of the highway right of way for the following costs: 1. 6" DIP Water Main Extension, 25 ft @ $55/ft $1,375 2. Remove and relocate fire hydrant, I each @ $751/ea $751 Subtotal, Cherry Street Relocation $2,126 2) Replace the 1982 fire hydrant at Hwy 62 and Bois D'Arc Street with a new fire hydrant and shift the location of the new fire hydrant to an easement behind the highway right of way. Provide a new 6 inch gate valve on the fire hydrant extension. Remove the valve box on the old fire hydrant's gate valve. 1.6" DIP Water Main Extension, 25 ft @ $55/ft $1,375 2. Install new fire hydrant, 1 each @ $3,250/ea $3,250 3. Install new 6" gate valve, I each @ $1,145/ea $1,145 4. Remove old fire hydrant, I each @ $81/ea $81 Subtotal, New fire hydrant at Bois D'Arc Street $5,851 3) Move two water meter settings on the north side of Hwy 62 in the vicinity of Bois D'Arc Street. 1. Relocate Water Meter, 2 each @ $300/ea $600 Subtotal, Water Meters $600 Total Change Order $8,577 Reason for Changes: The locations of these fire hydrants and water meters conflict with the highway construction. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES Original Price: Original Contract Time: 100 days $1,180,177.45 - Net Changes from previous Amendments or Changes Net Changes from previous Amendments or Changes: None None Net Increase for this Change: Net Increase for this Change: 0 Days $8,577.00 Revised Contract Price: Revise Contract Time: 100 days $1,188,754.45 FY042125 RECOMMENDED: ,�,QQ ACCEPTED: By: (� (�(/ l.%�tt� Robert W. White, P.E. Ct Projects C, Inc. McClelland Consulting Engineers, Inc. Contractor Date: F/l //D 7 By: /�/�� r or) Date: --- U %\�J Date: — A fJ- m 7 FY042125 (9.21.07) Clarice Pearman - Change Order 1 Page 1 From: Clarice Pearman To: Norbash, Sid Date: 9.21.07 12:24 PM Subject: Change Order 1 Attachments: 09.18.07 C-2 Projects LLC CO1.pdf CC: Audit Sid: Attached is a copy of the change order 1 for C-2 Projects LLC. I will forward to you via interoffice mail two of three original change orders. Please let me know if there is anything else needed. Have a good day. Thanks. Clarice