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HomeMy WebLinkAbout29-06 RESOLUTIONRESOLUTION NO. 29-06 A RESOLUTION APPROVING A CONSTRUCTION CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC. IN THE AMOUNT OF $1,591,426 20 FOR WATER AND SEWER RELOCATION FOR HIGHWAY IMPROVEMENTS TO WEDINGTON DRIVE; APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF $160,000.00, AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $252,837.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a contract with Crossland Heavy Contractors, Inc. in the amount of $1,591,426.20 for water and sewer relocation for highway improvements to Wedmgton Drive A copy of the contract, marked Exhibit "A" is attached hereto, and made a part hereof Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a project contingency in the amount of $160,000.00. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount of $252,837.00. PASSED and APPROVED this 7th day of February, 2006. ATTEST: 44) By: d dal C SO DRA SMITH, City Clerk APPROVED By: - r,' DAN COODY, Mayor d 111 — : FAVLI I EVILLE: =/a Zee •4` T';s 1 'KANSPS,) — City of Fayetteville, Arkansas Budget Adjustment Form /lis- 4q -o6 Budget Year 2006 Department: Water & Wastewater Division: Water & Sewer Maintenance Program: Capital Water Mains Date Requested 2/7/2006 Adjustment Number Project or Item Added/Increased: $252,837 is requested in the Wedington Utility W/S Relocations capital project. • Project or Item Deleted/Reduced: $147,945 from the Water & Sewer Use of Fund Balance. $104,892 from the State of Arkansas AHTD. Justification of this Increase: The additional funding is needed due to the awarding of a construction contract with Crossland Heavy Contractors ($1,591,426.20), Project Contingency ($160,000), and Engineering Contra ($15,000). • Justification of this Decrease: Sufficient cash and investments exist to fund this project. Increase Expense Budget (Decrease Revenue Budget) Account Name Account Number Amount Project Number Water line improvements 5400 5600 5808 00 Account Name 252,837 05015 1 Decrease Expense Budget (Increase Revenue Budget) St Hwy -utility relocation Use of fund balance Account Number Amount Project Number 5400 0940 4303 00 104,892 05015 5400 0940 4999 99. 147,945 Approval Signatures Requested B Date /-30- 06 Budget Manager Date �---- -r l I - 06 epartment Director . Date Finance & IntemafServic- Director Mayor Date Date Budget Office Use Only Type: A B C Date of Approval Posted to General Ledger Posted to Project Accounting Entered in Category Log E Initial Date Initial Date Initial Date Initial Date DOCUMENT 00500 CONTRACT THIS AGREEMENT, made and entered into on the 8th day of February, 2006, by and between Crossland Heavy Contractors, Inc.. Columbus, KS herein called the Contractor, and the City of Fayetteville, Arkansas, Owner: WITNESSETH: That the Contractor, for theconsideration hereinafter fully set out, hereby agrees with the City of Fayetteville as follows: I . That the Contractor shall furnish all the materials, and perform all of the work in manner and form as provided by the following enumerated Drawings, Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained herein and are entitled Wedington. Drive Water and Sewer Main Replacement, dated August, 2005. Advertisement for Bids Instructions to Bidders Bid and acceptance thereof Performance Bond Payment Bond SHEE Maintenance Bond General Conditions Supplemental Conditions Specifications Drawings (See Sheet Index below) 2. That the City of Fayetteville hereby agrees to pay to the Contractor for the faithful performance of this Agreement, subject to additions and deductions as provided in the Specifications or Bid, in lawful money of the United States, the amount of: - _.. One Million Five Hundred Ninety One Thousand Four Hundred Twenty Six &20 /100 Dollars ($1,591 426.20) 3. The Work will be completed and ready for final payment in accordance with the General Conditions within 180 calendar days after the date when the Contract Time commences to run, as provided in the Notice to Proceed. FY042165 Wedington Drive Water & Sewer Section 00500 - 1 • SHEET NO. SHEET DESCRIPTION 1 Cover 2 Index, Legend & Location Map 3-9 Wedington Drive Water Plan / Profile 10 Highway Crossing Cross Sections 11 Sewer Lines 1 and 3 12 Sewer Lines 2 and 4 13-14 Details 2. That the City of Fayetteville hereby agrees to pay to the Contractor for the faithful performance of this Agreement, subject to additions and deductions as provided in the Specifications or Bid, in lawful money of the United States, the amount of: - _.. One Million Five Hundred Ninety One Thousand Four Hundred Twenty Six &20 /100 Dollars ($1,591 426.20) 3. The Work will be completed and ready for final payment in accordance with the General Conditions within 180 calendar days after the date when the Contract Time commences to run, as provided in the Notice to Proceed. FY042165 Wedington Drive Water & Sewer Section 00500 - 1 • 4. Liquidated Damages: The City of Fayetteville and Contractor recognize that time is of the essence of this Agreement and the City of Fayetteville will suffer financial loss if the Work is not completed within the times specified in above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by the City of Fayetteville if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City of Fayetteville and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay the City of Fayetteville Five Hundred Dollars ($500.00) for each day that expires after the time specified in Paragraph 3 for completion and readiness for final payment. 5. That within 30 days of receipt of an approved payment request, the City of Fayetteville shall make partial payments to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor, LESS the retainage provided in the General Conditions, which is to be withheld by the City of Fayetteville until all work within a particular part has been performed strictly in accordance with this Agreement and until such work has been accepted by the City of Fayetteville. 6. That upon submission by the Contractor of evidence satisfactory to the City of Fayetteville that all payrolls, material bills, and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, final payment on account of this Agreement shall be made within 60 days after the completion by the Contractor of all work covered by this Agreement and the acceptance of such work by the City of Fayetteville. 7. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance and payment, the City of Fayetteville shall deem the Surety or Sureties upon such bond to be unsatisfactory or if, for any reason such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at his expense, within 5 days after the receipt of notice from the City of Fayetteville, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the City of Fayetteville. In such event, no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the City of Fayetteville. 8. No additional work or extras shall be done unless the same shall be duly authorized by appropriate action by the City of Fayetteville in writing. 9. 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 Arkansas Freedom of Information Act request is presented to the City of Fayetteville, (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. Seq.). Only Legally authorized photocopying cost pursuant to the FOIA may be assessed for this compliance. FY042165 Wedington Drive Water & Sewer Section 00500 - 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above written, in three (3) counterparts, each of which shall, without proof or accounting for the other counterpart be deemed an original Contract. SEAL. WITNESSES: ATTEST: Crossland Heavy Contractors, Inc. CONTRACTO By President Title CITY QF FETTEVIL , ARKANSAS OWNER �•`� R=Troll, a. 01 • Y Oc'SG,p :FAYETTEVILLE: .,J RkANS:• l''y;;VGTONiiii ill �G Mayor FY042165 Wedington Drive Water & Sewer Section 00500 - 3 • • L1 • Document 00600-1 Construction Performance Bond Bond #08833461 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Crossland Heavy Contractors, Inc. P O. Box 350 Columbus, KS 66725 , OWNER (Name and Address): City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 CONSTRUCTION CONTRACT Date: February 8, 2006 Amount: $1,591,426 20 Description (Name and Location): Fidelity and Deposit Company of Maryland 1400 American Lane, Tower I, 19th Floor Schaumburg, IL 60196 Fayetteville Wedington Drive Water and Sewer Main Replacement BOND Date (Not earlier than Construction Contract Date): February 15, 2006 Amount: $1,591,426.20 Modifications to this Bond Form: CONTRACTOR AS PRINCIPAL Company Signature: Name and Title (Corp. Seal) iitivt Sct�r Wei; de tit CONTRACTOR AS PRINCIPAL Company (Corp. Seal) SURETY Company (Corp Seal) Fidelity and Deposit Company of Maryland Signature: Name and Tall SURETY Company Signature: Signature. Name and Title: Martha L. Gilfillan Attorney -In -Fact dreeet, (Corp Seal) Name and Title: EJCDC No. 1910-28A (1984 Edition) Prepared through the joint efforts of the Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated General Contractors of America, American Instihita of Architects, American Subcontractors Association, and the Associated Specialty Contractors FY042165 Wedington Drive Water & Sewer 111111111111 I IIIIIIIIilIIIIIIIIII111111UhIill 1 11111111111lilt 1 Ell Doc ID 009703820006 Tvoe L E Re orded 02 28/2006 at 02:19 28 PM Fee Amt: 58.00 Peae 1 of 6 We hinaton C unty. AR Bette Stems Circuit C erk F1 DB027-00000701; I. 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 is 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 Construction Contract. If the Owner. the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, - but such 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. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terns of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent 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 Construction Contract, arrange for a contract to be prepared 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 excess 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 Owaer and as soon a practicable after the amount is determined, tender payment 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 FY042165 Wedington Drive Water and Sewer Price to mitigation of costs and damages on the Construction Conuac Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defc work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting• the Contractor's Default, and resulting from the actions or failu act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specific the Construction Contract, actual damages caused by deli performance or non-performance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligation the Contractor that are unrelated to the Construction Contract, and the Bala of the Contract Price shall not be reduced or set off on account of any s unrelated obligations. No right of action shall accrue on this Bond to person or entity other than the Owner or its heirs, executors, administrators successors. 8. The Surety hereby waives notice of any change, including changes time, to the Construction Contract or to related subcontracts, purchase ord and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted any court of competent jurisdiction in the location in which the Work or pan the Work is located and shall be instituted within two years after Contract Default or within two years after the Contractor ceased working or within n years after the Surety refuses or fails to perform its obligations under tt Bond, whichever occurs first. If the provisions of the Paragraph are void prohibited by law, the minimum period of limitation available to sureties as defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or othc legal requirement in the location where the construction was to be performer any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutor 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 lav 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 Contractor 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, rcduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all the Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terns of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. 00600-1-2 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and ; COLONIAL AMERICAN CASUALTY AND SURETY COMPANY- corporations of the S . aryland. by FRANK MARTIN JR., Vice President. and ERIC D. BARNES, Assistant Secretary, in put c: c : ret • °ranted by Article \ Section 2, of the By -Laws of said Companies, which are set forth on thrs full force and effect on the date hereof. does hereby nomina0°$reby certified to be NADEAU, S. Mark WILKERSON, Ashley Ro . 1 1 L`r�E Topeka, Kansas, 1 , all ofn Tobeha, Ks curet EACH its true and lawful agent and At q p -�F° L ak e ,�. • ..: as its act and deed: any mita' g�ld�der .: el ver, for, and on its beings lfin surety, t 1.ecution of such bonds or undertakings in pursuance these presents, shallyg donjai� t>, , r .5• uIly and amply, to all in ents and purposes, as if they had bees duly executed and a �n�ip((ed�``ed trtGM• .t elected officers of the Company at its office in Baltimore, Md., in their own proper persons. .1 ofyukof'ney revokes that issued on behalf of Stanley G. WILKERSON, Claudia J. NADEAU, S. Mark . IfSON. Ashley Rose NELSON Martha L. GILFILLAN, dated July 5, 2005. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article Section 2. of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names ; affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONI AMERICAN CASUALTY AND SURETY COMPANY, this 6th day of December, A.D. 2005. ATTEST. State of Maryland City of Baltimore }ss: FIDELITY AND DEPOSIT COMPANY OF MARYLAN COLONIAL AMERICAN CASUALTY AND SURETY COMPAN By Eric D. Banes Assistant Secretary Frank E. Marlin Jr. Vice Presidt On this 6th day of December A D 2005, before the subscriber. a Notary Public of the State of Maryland, du commissioned and qualified, came FRANK E. MARTIN JR:, Vice President, and ERIC D. BARNES Assistant Secretary the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AN SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed tl preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally ar each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to 11 preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as suc officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first abov written. POA -F 076-0008 • Maria D. Adamski , Notary Publi, My Commission Expires: July 8, 2007 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of .the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of Judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of Judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY -AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELFfY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED. That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore 01 hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid ane binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this. 15 day of Re bii,Car j , 260Co Assistant Secremry Document 00600-2 Bond #08833461 Construction Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address) Crossland Heavy Contractors, Inc. P O. Box 350 Columbus, KS 66725 OWNER (Name and Address): City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 CONSTRUCTION CONTRACT Date: February 8, 2006 Amount: $1,591,426.20 Description (Name and Location): SURETY (Name and Principal Place of Business): Fidelity and Deposit Company of Maryland 1400 American Lane, Tower I, 19th Floor Schaumburg; IL 60196 Fayetteville Wedington Drive Water and Sewer Main Replacement BOND Date (Not earlier than Construction Contract Date): February 15; 2006 Amount: $1,591,42620 Modifications to this Bond Form: CONTRACTOR AS PRINCIPAL Company (Corp. Seal) SURETY Company (Corp Seal) Fidelity and Deposit Company of Maryland Signature.-//'/-.�`^ Signature: eLL /Azit.47, Name and Title: CONTRACTOR AS PRINCIPAL Company (Corp. Seal) Name and Title!Martha L. Gilfillan Attorney -In -Fact SURETY Company (Corp Seal) Signature: Signature: Name and Title: Name and Title: EJCDC No. 1910-288 (1984 Edition) Prepared through the joint efforts of the SuretyAssociation of America, Engineers' Joint Contract Documents Committee, The Associated General Contractors of America. American Institute of Architects, American Subcontractors Association. and the Associated Specialty Contractors FY042165 Wedington Drive Water & Sewer Section 00600-2-1 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 performance of the Constniction Contract, which is incorporated 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 all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment 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 payment, 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 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 Contractor 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 famishing the above notice any communication from the Contractor by which the Conhactor 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 sufficient compliance. 6. When the Claimant has satisfied the conditions of paragraph 4, the Surcty 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 performance 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 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 priority 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 unrelated to the Construction Contract. FY042165 Wedington Drive Water & Sewer The Owner shall not be liable for payment of any costs or expenses of a Claimant under this Bond. 10 The Surety hereby waives notice of any change, including changes lime, to the Construction Contract or to related subcontracts, purchase orde and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bot other than in a court of competent jurisdiction in the location in which tl Work or part of the Work is located or after the expiration of one year from U date (1) on which the Claimant gave the notice required by Subparagraph 4. or Clause 4.2.3, or (2) on which the last labor or service was performed t anyone or the last materials or equipment were furnished by anyone under th Construction Contract, whichever of (I) or (2) occurs first. If the provisions 1 this paragraph are void or prohibited by law, the minimum period oflimitatio available to sureties as a defense in the jurisdiction of the suit shall b applicable. 12. Notice to the Surety, the Owner or the Contractor shall be mailed o delivered to the address shown on the signature page. Actual receipt ofnotic. by the Surety, the Owner, or the Contractor, however accomplished, shall bi sufficient compliance as of the date received at the address shown on Liu 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 perforated, any provision in this Bond conflicting with said statutory or legal requirements shall be deemed deleted herefrom and provisions conforming 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. 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 equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation 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 Construction Contract, architectural and engineering services required for performance of the work of the Contractor and Contractor's sub contractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were famished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all the Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. 00600-2-2 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS- That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the _Statesof MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary, in pur anc Section 2, of the By -Laws of said Companies, which are set forth on th ss.\, full force and effect on the date hereof, does hereby nomina NADEAU, S. Mark WILKERSON, Ashley Ro EACH its true and lawful agent and Atto S as its act and deed: any an these presents, shal duly executed and a own proper persons. NADEAU, S. Mark aryland, by FRANK E. granted by Article VI, reby certified to be in po i _ @} ..4 ERSON, Claudia J. ak , all of Topeka, Kansas, 2i—deliver, for. and on its behalf as surety, and Ate ecution of such bonds or undertakings in pursuance of ully and amply, to all intents and purposes, as if they had been e ected officers of the Company at its office in Baltimore, Md., in their orney revokes that issued on behalf of Stanley G. WILKERSON, Claudia J. SON, Ashley Rose NELSON. Martha L. GILFILLAN, dated July 5, 2005. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI Section 2, of the By -Laws of said Companies, and is now in force IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names ane affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAI AMERICAN CASUALTY AND SURETY COMPANY, this 6th day of December. A.D. 2005. ATTEST: State of Maryland City of Baltimore ss: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Eric D. Barnes By: Assistant Secretary Frank E. Martin Jr. Vice Presiden; On this 6th day of December, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed io the said instrument by The authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. POA -F 076-0008 Maria D. Adamski Notary Public My Commission Expires: July 8, 2007 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY -AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: That the facsimile or 'mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any VicePresident, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 15 day of RtiOnka.r , 2noco Assistant Secretary o Client#: 11231 ACORD.M CERTIFICATE CROSCON OF LIABILITY INSURANCE PRODUCER IMA of Kansas, Inc. (Topeka) PO Box 1537 Topeka, KS 66601-1537 785 232-2202 DATE IMMIDDNYJ 02/22/06 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY . AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED City of Fayetteville 113 West Mountain Fayetteville, AR 72701 INSURER A: Zurich American Insurance INSURER 8: INSURER C: INSURER D: INSURER E: COVERAGES MORAL INSURED;WSURER LETTER: CANCELLATION City of Fayetteville 113 West Mountain Fayetteville, AR 72701 SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL YB _DAYS WRITTEN NOTICE TOTHE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TODOSOSH ALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSU RER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25-S (7197)1 of 2 #S287172/M287171 JRK 0 ACORD CORPORATION 1988 THE ANY MAY POLICIES. POLICIES OF INSURANCE LISTED REQUIREMENT, TERM OR CONDITION PERTAIN, THE INSURANCE AFFORDED AGGREGATE LIMITS SHOWN BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DDM/) POLICY EXPIRATION DATE IMWDUMn LIMITS A GENERAL LIABILITY ERCWLGENERAL CLAIMS MADE LIAB ILITY OCCUR TBD COntractOr: Crossland Heavy Contractors, Inc. 02/15/06 04/30/06 EACH OCCURRENCE S 1,000,000 S X COMM FIRE DAMAGE (Any one fire) X MED EXP (Any one person) 5 PERSONAL & ADV INJURY 5 X OCP GENERAL AGGREGATE 52,000,000 S GENT. AGGREGATE LIMIT APPLIES PER: n LOC PRODUCTS -COMP/OP AGG POLICY n JE T AUTOMOBILE LIABILITY AUTO OWNED AUTOS AUTOS AUTOS -OWNED AUTOS • COMBINED SINGLE LIMIT (Ea accident) $ ANY ALL BODILY INJURY (Per Person) S SCHEDULED HIRED BODILY INJURY (Per accident) $ NON PROPERTY DAMAGE (Per accident) 5 GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EA ACC $ AGG $ EXCESS LIABILITY OCCUR DEDUCTIBLE RETENTION I CLAIMS MADE EACH OCCURRENCE 5 I AGGREGATE $ S 3 5 S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU. TORY LIMBS OTH- FR E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYEE 5 E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLE&EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Fayetteville Wedington Drive Water & Sewer Main Replacement McClelland Consulting Engineers, Inc. are named as additional insured as respects Owners Contractors Protective Liability. MORAL INSURED;WSURER LETTER: CANCELLATION City of Fayetteville 113 West Mountain Fayetteville, AR 72701 SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL YB _DAYS WRITTEN NOTICE TOTHE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TODOSOSH ALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSU RER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25-S (7197)1 of 2 #S287172/M287171 JRK 0 ACORD CORPORATION 1988 ii IMPORTANT If the certificate holder is an ADDITIONAL INSURED the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. • ACORD 25-S (7/97)2 of 2 #8287172/M287171 tii Client#: 11232 CROSHEA ACORDTH CERTIFICATE OF LIABILITY INSURANCE PRODUCER IMA of Kansas, Inc. (Topeka) PO Box 1537 Topeka, KS 66601-1537 785 232-2202 INSURED DATE IM&VDD/YYYY) 2/22/06 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE COVERAGES Crossland Heavy Contractors, Inc. • PO Box 350; 833 S E Avenue Columbus, KS 66725 INSURER A: Zurich American Insurance INSURER B: American Guarantee & Liability INSU E C: The Insurance Co. of the State of PA INSURER D: Athena Assurance Company NAIC # 16535 26247 19429 41769 INSURER E: RE Fayetteville Wedington Drive Water & Sewer Main Replacement Certificate Holder and Engineer (McClelland Consulting Engineers, Inc.) -are named as additional insureds (excludes professional liability) as respects General Liability and Auto Liability. ._ CERTIFICATE HOLDER CANCELLATION City of Fayetteville 113 West Mountain Fayetteville, AR 72701 ACORD 25 (2001/08) 1 of 2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL RbtDORWARRR MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,AXXWAINOnWPIC000 Jn8(J( EWA. 11AA151000361D ARVINMAX7OR*XXXIWTAXIOR XRRIDRtOZI OLRRIORRRDD0EXXX RROac$XOCwnnx AUTHORIZED REPRESENTATIVE #S287169/M252159 JRK 0 ACORD CORPORATION 1988 ANY POLICIES. INSR THE POLICIES REQUIREMENT, MAY PERTAIN, ADb'L OF INSURANCE LISTED BELOW TERM OR CONDITION THE INSURANCE AFFORDED AGGREGATE LIMITS SHOWN MAY HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSRC TYPE OF INSURANCE POLICY NUMBER - Pi?k45(M DD/YIVIE P DATEIMM/UO/YY))N UNITS A GENERAL LIABILITY GL0370703403 04/30/05 X COMMERCIAL 04/30/06 EACH OCCURRENCE $1,0001000 GENERAL LIABILITY DA4GETO NTED CLAIMS heel $300,000 MADE X OCCUR X PD Ded:2,500 MED EXP (Any one person) $10,000 PERSONAL &ADV INJURY S1,000,000 GENII AGGREGATE GENERAL AGGREGATE s2,000,000 LIMIT APPLIES PER: POLICY X PRODUCTS- COMP/OPAGG 52,000,000 I JE 'A ' LOC B AUTOMOBILE LIABILITY BAP370703303 04/30/05 X ANY AUTO 04/30/06 COMBINED SINGLE LIMIT (Ea accident) $1,0001000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per $ X person) HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE (Per acddenl) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S ANY AUTO • OTHER THEA ACC S AUTO ONLANY: AGG S C EXCESS/UMBRELLA LIABILITY 46056423 04/30/05 X 04/30/06 EACH OCCURRENCE 15,000,000 OCCUR CLAIMS MADE AGGREGATE $5,000,000 ' D $ DEDUCTIBLE 0106800816 04/30/05 X 04/30/06 Each Occ $$7,000 000 RETENTION $ 0 A gregate s$7,000,00 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC370703602 04/30/05 04/30/06 X� WC STATU- TORT LIMITS OTH- ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. EACH ACCIDENT 51,000,000 If yes, describe under E.L DISEASE - EA EMPLOYEE 11,000,000 SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT OTHER $1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS 1 VEHICI FB r Ern ue,nue e..-.• ..—.—.—___... ___ RE Fayetteville Wedington Drive Water & Sewer Main Replacement Certificate Holder and Engineer (McClelland Consulting Engineers, Inc.) -are named as additional insureds (excludes professional liability) as respects General Liability and Auto Liability. ._ CERTIFICATE HOLDER CANCELLATION City of Fayetteville 113 West Mountain Fayetteville, AR 72701 ACORD 25 (2001/08) 1 of 2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL RbtDORWARRR MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,AXXWAINOnWPIC000 Jn8(J( EWA. 11AA151000361D ARVINMAX7OR*XXXIWTAXIOR XRRIDRtOZI OLRRIORRRDD0EXXX RROac$XOCwnnx AUTHORIZED REPRESENTATIVE #S287169/M252159 JRK 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate' holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 254 (2001/08) 2 oft #S2871691M252159 oup 1 1 • m MAINTENANCE BOND BOND NUMBER 08833461 KNOW ALL MEN BY THESE PRESENTS, That we, Crossland Heavy Contractors, Inc. (hereinafter called the Principal), and Fidelity and Deposit Company of Maryland , a corporation (hereinafter call the Surety), are held and firmly bound unto the City of Fayetteville, Arkansas (hereinafter called the Obligee), in the full and just sum of $1,591,428 20Dollars, lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successsors and assigns, jointly and severally, firmly by these presents. WHEREAS, said Prinicipal has entered into a certain contract with the Obligee dated February 8, 2006 Project Fayetteville Wedington Drive Water and Sewer Main Replacement which contract has been or is about to be accepted. AND WHEREAS, specification and contract provided that should guarantee the project free from defects caused by faulty workmanship and materials for a period of two years after substantial completion, general wear and tear expected. NOW, THEREFORE, if the said project shall be free from defects of workmanship and materials, general wear and tear expected, for a period of two years after substanial completion, then this obligation shall be null and void; otherwise to remain in full force and effect. Signed, sealed and delivered February 15, 2006 Witness as to Caro s�nc. (Seal) Crossland (Seal) Principal IA 5<w, Pas%agM' Fidelity and Deposit Company of Mayland (Seal) Marth. L Gilfillan, Attorney -in • Maintenance Bond City of Fayetteville Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S co{ 9aryland, by FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary, in pur : ¢f *': t granted by Article VI, Section 2, of the By -Laws of said Companies, which are set forth on the-rrpe-rs. eeeo an reby certified to be in full force and effect on the date hereof, does hereby nornina .. p t a:+ :pot e� 1tKERSON, Claudia J. NADEAU, S. Mark WILKERSON, Ashley Ro . i • t I 4* �� of Topeka, Kansas, EACH its true and lawful agent and AttQrFtt ak a diver, for, and on its behalf as surely, and as its act and deed: any an d 1rsNde _ :Sate ecution of such bonds or undertakings in pursuance of these presents, shall �� gWpon f ully and amply, to all intents and purposes, as if They had been duly executed and a nbwledoea _ .l: e ected officers of the Company at its office in Baltimore, Md., in their own proper persons. :: _ ►. omey revokes that issued on behalf of Stanley G. WILKERSON, Claudia J. NADEAU, S. Mark Yui .:SON, Ashley Rose NELSON, Martha L. GILFILLAN, dated July 5, 2005. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 6th day of December, A.D. 2005. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Eric D. Barnes By: Assistant Secretary Frank E. Martin Jr. Vice President State of Maryland lss: City of Baltimore J On this .6th day of December, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument. is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed t� the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Seal the day and year first above written. POA -F 076-0008 _ Maria D. Adamski Notary Public My Commission Expires: July 8, 2007 Vi 1 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of Judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of Judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY -AND SURETY. COMPANY. This Power of Attorney and Certificate may signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore of hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, 4.7Y t � day of /2 -air this 5 J Assi.srmn Secretary 4 CONTRACTOR 5 AFFIDAVIT STATE OF Arkansas ri COUNTY OF Washington The undersigned, being duly sworn on oath, deposes and says that he is of (Officer) the Contractor for Fayetteville (Company Name) LI Wedington Drive Water and Sewer Main Replacement, designated as Project, situated at Fayetteville, Arkansas, owned by the City of Fayetteville, Arkansas, and that all parties who have furnished labor, material, or both or any other items to the undersigned for use on the said work and all parties having contracts or sub -contracts with the undersigned for specific portion of said work have been paid in full with the following exception: N Tj The undersigned further states that there are no other contracts or obligations for labor or N I materials outstanding which were used in completing this Project. The undersigned makes this affidavit for the purpose of procuring from the Owner a final payment upon this Contract for all work completed in accordance with the Drawings and Specifications of the Owner. Signed this day of Subscribed and Sworn to before me this day of , 2005. By. Notary Public 2005. Contractor My commission expires the day of , 20_ IF FY042165 Wedington Drive Water & Sewer NOTICE TO PROCEED TO: DATE: , 2005 PROJECT: City of Fayetteville, Wedington Drive Water and Sewer Main Replacement You are hereby notified to commence WORK in accordance with the Contract dated on or before and you are to complete the work within 180 consecutive calendar days thereafter. The date of completion of all WORK is therefore , 20_. CITY OF FAYETTEVILLE, ARKANSAS Owner am ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by this the day of _____________________,2005. By Title FY042165 Wedington Drive Water & Sewer Notice to Proceed City of Fayetteville Staff Review Form City Council Agenda Items Contracts February 7, 2006 City Council Meeting Date Sid Norbash, Staff Engineer -" Engineering Operations Submitted By Division Department Action Required: resolution approving the award of the construction contract in the amount of $1,591,426.20 to the low bidder rossland Heavy Contractors, Inc. for Wedington Drive (Arkansas Hwy 16) Water & Sewer Relocation Project, so approval of a Project Contingency in the amount of $160,000 (10%), and the related Budget Adjustment. $1,751,426.00 Cost of this request 5400-5600-5808-00 Account Number 05015-2 Project Number Budgeted Item X� $1,808,694 Category/Project Budget $227,188 Funds Used to Date $1,581,506 Remaining Balance Budget Adjustment Attached X� Wedington Drive Water & Sewer Relocations Project Program Category I Project Name Water System Improvements Program / Project Category Name Water & Sewer Fund Name Previous Ordinance or Resolution # D'ep ent Director Date Original Contract Date: / Original Contract Number: �� . Gc/ 3 a� City Attorney Received in 'rtyClerk' Office J —�//�d FJ,VT3EIRED Finance and Interna<z' l Se a Director Date Received in Mayo e ENTERED a �fl RA.k , Date iatte!i1ie City Council Meeting Date: February 7, 2006 ARKANSAS The City of Fayetteville, Arkansas City Council Agenda Memo To: CITY COUNCIL Thru: Mayor Dan Coody Gary Dumas, Director of Operations Ron Petrie, City Engineer 47 From: Sid Norbash, Staff Engineer Date: January 27, 2006 Subject: Wedington Dr. (Hwy 16 West) - Water & Sewer Relocation Project Award of Construction Contract Recommendation: A Resolution approving the award of the construction contract in the amount of $1,591,426.20 to the low bidder Crossland Heavy Contractors, Inc. for Wedington Dr. Water & Sewer Relocation Project. Also approval of a Project Contingency in the amount of $160,000 (10%), and the related Budget Adjustment in the amount of $252,837. Background: Wedington Drive is scheduled for improvements and widening by Arkansas Highway & Transportation Department, from Rupple Rd. to Double Springs (please refer to the attached vicinity map). In order to clear the way for the widening project by A.H.T.D., the existing water and sewer facilities serving this area will have to be relocated. In addition to the necessary relocation, the Staff has requested some over -sizing of the water mains, and fire protection improvements for this area. Discussion: On January 23, 2006 official bids were received for the construction of this project and the results are as follows: Goodwin & Goodwin, Inc $1,970,170.00 Kraus Construction Co., LLC $1,733,270.00 S & J Construction Co., Inc. $1,670,018.45 C-2 Projects, LLC $1,599,573.25 Crossland Heavy Contractors, Inc. $1,591,426.20 (Low Bidder) This project is partially reimbursable by A.H.T.D., and a previous agreement between the City of Fayetteville and A.H.T.D. has been approved by the Council. In this agreement, based on estimated quantities and preliminary data gathered by McClelland Consulting Engineers, the percentage of reimbursement was set at 41.26% for the construction phase. Budget Impact: After the final design and receiving bids new reimbursement factors have been calculated by McClelland and the new rate is 40.12%. For additional detail please refer to the attached McClelland memo. Additional funding is needed for two main reasons: (1) Project Contingency was not included in the original estimates, (2) Reduction of the reimbursement factor from A.H.T.D. Budget Division has prepared the following details on budget impact: Wedington Utility W/S Relocations: (05015) AHTD Job: 040423 % AHTD AHTD City Cost Area Estimated Reimbursement Reimbursement Contribution Construction $ 1,591,426 40.12% $ 638,480 $ 952,946 Project Contengency 160,000 . 40.12% 64,192 95,808 Engineering 144,105 40.12% 57,815 86,290 Engineering Contra • 15,000 40.12% 6,018 8,982 Easement 150,000 46.76% 70,140 79,860 Health Fees 500 40.12% 201 299 Advertising Costs 500 40.12% 201 299 Estimated Cost $ 2,061,531 40.60% $ 837,047 $ 1,224,484 Project Budget $ 1,808,694 $ 732,155 $ 1,076,539 Budget Needed $ 252,837 $ 104,892 $ 147.945 SN/sn Attachments: Construction Contract Vicinity Map Bid Tabulation Sheets and McClelland's Memo Budget Adjustment - RESOLUTION NO. A RESOLUTION APPROVING A CONSTRUCTION CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC. IN THE AMOUNT OF $1,591,426.20 FOR WATER AND SEWER RELOCATION FOR HIGHWAY IMPROVEMENTS TO WEDINGTON DRIVE; APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF $160,000.00, AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $252,837.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a contract with Crossland Heavy Contractors, Inc. in the amount of $1,591,426.20 for water and sewer relocation for highway improvements to Wedington Drive. A copy of the contract, marked Exhibit "A" is attached hereto, and made a part hereof: Section 2. That the City Council of the City of Fayetteville, hereby approves a project contingency in the amount of $160,000.00. Section 3. That the City Council of the City of hereby approves a budget adjustment in the amount PASSED and APPROVED this 7th Mayor Ia By: City Clerk + r� - D I. _ z r~v _ I- � ± LA_io 'n 0 W a O '3 z O U m 54TH AVE d 54TH AVE ,'0 w w 3 o 3 O z BROYLES AVE Z CI 1ST AVE j N DOUBLE SPRINGS RD a A O+4 e L -J f-ci �-i 0 RJ H Z9 39Vrl ff l_T _n ' Th7CthhCfn OT'Cn nnn?thY nnn $ —p�q qqq- -= I y — 6 �• O le }tpj V W N (yO� Y N �i% W N P W N j �YP� S�or$pmgmeQSS3"i-�R°¢ a S a m `cO7 A L9 P 2 Q u e&OOrr d 6 a d s Q$ gg o o w ~ m u m o 'a qqmZm�do'gt ss sqA �� @ S fl dcco 1 Nmm Lm2 SS.. CG5 0.Z! mmm zm S�. y;S �Wn55' f1 11.1 a F 9 =�T -WE N pqO O w,w�55 S >pp m izi Snjsd ' Leym m 4 m• PO a Z 0 QQO \NVoN V p �p pC Wmyu 1+V_m. Wmm+m mmr r((O��my ryryr��mmmp II���11O--Im^^mrrO rO rP l�rrO mm ma �1r1 (1r�m\mW r�TS1 Tlrly mm DD�DDDYT "�I cc II �I Tcc y yDDAD + O V P O N O G y S T• 4 P V. 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P P R 1J O U Q¢ m N N\ O V+ V g O O N N U N P m N N fJ 1�1 s pJ d m p 1 V Y Q S Q C P Q Y O O O O O t g p E g o p o§ g O o 8 f O P O 8 P $ O segooe ts%8%SS asBga CO 39Vd Sd3l4ISN3 aw Tl377JN IPt6E666LC 9I:60 900Z/6Z/I0 If 4 a DB Vd- SdMIE8 mi0lBDiW IOZ6EDD6LD 91:60 9802/DZ/SB RECEIVE' McCLELLAND JAN 252006 P.O. Box 1229 MCECONSULTING ENGINEERING DIV. Fayettevllle,Arkansas 72702-1229 479-443-2377 OESrCNED TO SERVE.!ENGINEERS, INC. FAX 479-443-9241 January 24, 2006 Mr. Sid Norbash Staff Engineer City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Re: Highway 16 (Wedington Drive) AHTD Job No. 040423 Updated Reimbursement Estimate Dear Mr. Norbash: Table No. 1 attached to my letter dated April 27, 2005 addressed to you estimated that the Highway Department should reimburse your City 87.45% of applicable relocation work on the Wedington Drive project. This table was modified by Table No. 8 to include casings on and off the old highway right- of-way. Inclusion of the reimbursement ineligible casings on the old right-of-way dropped this percentage to 65.40% of the value of a "replacement -in -kind" system, as listed at the bottom of Table No.8. We have updated Table No. 1 and Table No. 8 using the Equivalent System bid prices for the low bidder (S & I Construction) on this bid schedule. The resulting Updated Table No. I has a reimbursement percentage of 87.24%. This number drops to 69.20% as listed at the bottom of Updated Table No. 8 when casing costs are considered. Basically, the Updated Table No. 8 indicates that your City's reimbursement value for an equivalent system should be $638,546.35. Since you are actually building an upgraded system with an 18 - inch water main, the Base Bid for the proposed work totals $1,591,426.20, as listed on page 3 of the Bid Tabulation. If the Highway Department reimburses $638,546.35, the actual reimbursement for the upgraded system will be 40.12% of the upgraded system cost. The resulting construction cost for the City would be approximately $952,879.85. Our letter of April 27, 2005 indicates that the City's estimated construction cost would be $1,076,154, so the actual bid prices appear to reduce the City's costs. The actual reimbursement will depend on actual construction quantities, so this set of calculations will have to be made again when construction is complete and actual final quantities are know. Please advise if there are questions on this matter. If this information appears in order, it should be submitted to Mr. Bray, along with the Bid Tabulation and my letter recommending award of the contract. Very truly yours, McClelland Consulting Engineers, Inc. Robert W. White, P.E. Vice -President Encl: Updated Table No. 1 and No. 8 FY042165 Correspondence UPDATE TO TABLE NO. 1 CITY OF FAYETTEVILLE ESTIMATED REIMBURSEMENT BASIS EXISTING SYSTEM QUANTITIES REQUIREING REPLACEMENT WEDINGTON DRIVE (HWY 16) AHTD JOB NO. 040423 BASED ON S & J CONSTRUCTION CO. EQUIVALENT SYSTEM BID PRICES January 24, 2006 Item: Bid Price Quantity on Old R/W: Estimated Value on Old R/W: Quantity on Easements: Estimated Value on Easements: 12 -inch Water Main $49.49/ft 75 ft - $3,711.75 66 ft $3,266.34 8 -inch Water Main $35.27/ft 285 ft $10,051.95 7029 ft $247,912.83 6 -inch Water Main $29.84/ft 353 ft $10,533.52 278 ft $8,295.52 4 -inch Water Main $25.56/ft 65 ft $1,661.40 260 ft $6,645.60 2 -inch Service Line $16.57/ft 75 ft $1,242.75 46 ft $762.22 1 -inch Service Line $12.44/ft 1229 ft $15,288.76 1158 ft $14,405.52 12 -inch Valves $3157.42/ea - $0.00 1 ea $3,157.42 8 -inch Valves $1390.54/ea - $0.00 6 ea $8,343.24 6 -inch Valves $1065.73/ea 2 ea $2,131.46 4 ea $4,262.92 4 -inch Valves $939.95/ea 1 ea $939.95 - $0.00 2 -inch Valves $814.17/ea - $0.00 1 ea $814.17 Relocate Fire Hydrant $1038.20/ea $0.00 1 ea $1,038.20 5/8" Meter Settings $874.79/ea 5 ea $4,373.95 29 ea $25,368.91 Dual 5/8" Meter Settings $1080.75/ea 2 ea $2,161.50 3 ea $3,242.25 1" Meter Settings $923.79/ea - $0.00 2 ea $1,847.58 8° x 1" Service Tap $204.14/ea 1 ea $204.14 44 ea $8,982.16 8" x2 ServiceTap $592.71/ea - $0.00 2 ea $1,185.42 6° x 1" Service Tap $294.51/ea 1 ea $294.51 $0.00 Ductile Iron Fittings $5.4211b 1521b $823.84 7081b $3,837.36 8 -inch Sewer Main $58.56/ft 70 ft $4,099.20 438 ft $25,649.28 6 -inch Sewer Main $56.36/ft 75 ft $4,227.00 220 ft $12,399.20 Sewer Service Taps $115.46/ea - $0.00 Sea $577.30 Sewer Manhole, 0'-6' Deep $2080.00/ea - $0.00 2 ea $4,160.00 Sewer Manhole, 6'-8' Deep $2425.00/ea - $0.00 4 ea $9,700.00 Asphalt Surface Restoration $50.00/s - $0.00 210 s $10,500.00 Concrete Surface Restoration $50.00/s - $0.00 82 s $4,100.00 Curb and Gutter Restoration $35.00/ft - $0.00 16 ft $560.00 Granular Fill $17.50/Tn 40 Tn $700.00 485 Tn $8,487.50 Trench Safety System $25000./ea 10.00% $2,500.00 90.00% $22,500.00 Erosion Control $9500.00/ea 10.00% $950.00 90.00% $8,550.00 Totals: $65,895.68 $450,550.94 Total Value of Quantities Being Replaced: $65,895.68 + $450,550.94 = $516,446.62 Reimbursement Percentage for Applicable Relocation Work: $450,550.94 _ $516,446.62 = 87.24% FY042165 Table No. 1 UPDATE TO TABLE NO.8 CITY OF FAYETTEVILLE REPLACEMENT IN -KIND COST ESTIMATE WEDINGTON DRIVE (HWY 62) AHTD JOB NO. 040423 USING S &J CONSTRUCITON CO. EQUIVALENT SYSTEM BID PRICES January 24, 2006 Item: Estimated Quantity Bid Price Estimated Total Cost Percent Reimbursable Estimated Reimbursable Amount 12 -inch Water Main 152 ft $49.49 $7,522.48 87.24% $6,562.61 8 -inch Water Main 7518 ft $35.27 $265,159.86 87.24% $231,325.46 6 -inch Water Main 671 ft $29.84 $20,022.64 87.24% $17,467.75 4 -inch Water Main 87 ft $25.56 $2,223.72 87.24% $1,939.97 2 -inch Service Line 130. ft $16.57 $2,154.10 87.24% $1,879.24 1 -inch Service Line 2243 ft $12.44 $27,902.92 87.24% $24,342.51 8 -inch Valves 7 ea $1,390.54 $9,733.78 87.24% $8,491.75 6 -inch Valves 6 ea $1,065.73 $6,394.38 87.24% $5,578.46 12x12" Tapping Tee and Valve 1 ea $5,978.82 $5,978.82 87.24% $5,215.92 8"x8° Tapping Tee and Valve 11 ea $3,435.18 $37,786.98 87.24% $32,965.36 6"x6Tapping Tee and Valve 4 ea $2,963.97 $11,855.88• 87.24% $10,343.07 4"x4" Tapping Tee and Valve 1 ea $2,475.93 $2,475.93 87.24% $2,160.00 Relocate 3 -Way Fire Hydrant 1 ea $1,038.20 $1,038.20 87.24% $905.73 New 3 -Way Fire Hydrant 3 ea $2,247.61 $6,742.83 87.24% $5,882.44 24 -inch Bored Casing on Old Hwy R/W 75 ft $305.00 $22,875.00 0.00% $0.00 24 -inch Direct Bury Casing Off Old Hwy R/W 30 ft $130.00 $3,900.00 87.24% $3,402.36 16 -inch Bored Casing On Old Hwy R/W 364 ft $190.00 $69,160.00 0.00% $0.00 16 -inch Direct Bury Casing Off Old Hwy R/W 283 ft $100.00 $28,300.00 87.24% $24,688.92 4 -inch Bored Casing On Old Hwy R/W 75 ft $85.00 $6,375.00 0.00% $0.00 4 -inch Direct Bury Casing Off Old Hwy R/W 25 ft $35.00 $875.00 87.24% $763.35 2 -inch Bored Casing On Old Hwy R/W 1089 ft $41.00 $44,649.00 0.00% $0.00 2 -inch Direct Bury Casing Off Old Hwy R/W 599 ft $19.00 $11,381.00 87.24% $9,928.78 5/8" Meter Settings 37 ea $874.79 $32,367.23 87.24% $28,237.17 Dual 5/8" Meter Settings 5 ea $1,080.75 $5,403.75 87.24% $4,714.23 1" Meter Settings 2 ea $923.79 $1,847.58 87.24% $1,611.83 Reconnect Existing Meter Setting 7 ea $468.20 $3,277.40 87.24% $2,859.20 8"x1" Service Tap 45 ea $204.14 $9,186.30 87.24% $8,014.13 8°x2" Service Tap 2 ea $592.71 $1,185.42 87.24% $1,034.16 6"xl" Service Tap1 ea $294.51 $294.51 87.24% $256.93 Ductile Iron Fittings 3400 lb $5.42 $18,428.00 87.24% $16,076.59 8 -inch Sewer Main 837 ft $58.56 $49,014.72 87.24% $42,760.44 6 -inch Sewer Main 15 ft $56.36 $845.40 87.24% $737.53 4 -Inch PVC Sewer Service, SDR 26, Including Trenching and Backlilling 70 ft $26.85 $1,879.50 87.24% $1,639.68 Sewer Main Trenching and Backfillin , 0-6 Feet Deep 247 ft $21.75 $5,372.25 87.24% $4,686.75 Sewer Main Trenching and Backfillin , 6-8 Feet Deep 325 ft $36.25 $11,781.25 87.24% $10,277.96 FY042165 Table No. 8 UPDATE TO TABLE NO. B (CONT.) Sewer Main Trenching and Backfilling, 8-10 Feet Deep 74 ft $46.25 $3,422.50 87.24% $2,985.79 Sewer Main Trenching and Backfiilin , 10-12 Feet Deep 20 ft $72.50 • $1,450.00 87.24% $1,264.98 4' Diameter Standard Manhole, 0-6 Feet Deep 12 ea $2,080.00 $24,960.00 87.24% $21,775.10 4' Diameter Drop Manhole, 0-6 Feet Deep 1 ea $3,225.00 $3,225.00 87.24% $2,813.49 Extra Manhole Depth, Over.6 Feet Deep 13 of $172.50 $2,242.50 87.24% $1,956.36 Remove Existing Manhole 6 ea $725.00 $4,350.00 87.24% $3,794.94 Service Wye on 8 -Inch PVC 4 ea $115.46 $461.84 87.24% $402.91 4 -Inch Manhole Tap for Service 2 ea $642.88 $1,285.76 87.24% $1,121.70 TV Inspection on Existing Sewer to be Abandoned and/or Replaced 840 ft $14.50 $12,180.00 87.24% $10,625.83 Sewer Service Cleanout 2 ea $394.11 $788.22 87.24% $687.64 20" Direct Bury Steel Casing Off Old H R/W 77 ft $181.00 $13,937.00 87.24% $12,158.64 18" Bored Steel Casing On Old Hwy R/W 132 ft $305.00 $40,260.00 0.00% $0.00 18" Direct Bury Steel Casing Off Old Hwy R/W 54 ft $173.75 $9,382.50 87.24% $8,185.29 Asphalt Surface Restoration 215 s $50.00 $10,750.00 87.24% $9,378.30 Concrete Surface Restoration 195 s $50.00 $9,750.00 87.24% $8,505.90 Concrete Sidewalk Restoration 15 s $50.00 $750.00 87.24% $654.30 Curb and Gutter Restoration 16 ft $35.00 $560.00 87.24% $488.54 Granular Fill 550 ton $17.50 $9,625.00 87.24% $8,396.85 Trench Stabilization Material 15 ton $17.50 $262.50 87.24% $229.01 Flowable Fill 15 c $110.00 $1,650.00 87.24% $1,439.46 Protective Fencing for Trees 4 ea $400.00 $1 ,600.00 87.24% $1,395.84 Erosion Control 1 Is $9,500.00 $9,500.00 87.24% $8,287.80 Trench Safety System 1 ea $25,000.00 $25,000.00 87.24% $21,810.00 Totals: $922,783.65 $638,546.35 Reimbursement Percentage for Replacement In -Kind = $638,546.35 _ $922,783.65 = 69.20%. This is lower than the percentage calculated in Updated Table No. 1 because the value of, casing pipe on the old highway right-of- way is not included as eligible for reimbursement, since this value was not included in Table No. 1 to calculate the reimbursement percentage. FY042165 Table No. 8 JAN -24-2006 TUE 02:15 PM CROSSLAND HEAVY FAX NO. 620 429 2977 P. 02 CONTRACT THIS AGREEMENT, made and entered into on the 7th day of Febrnarv. 2006, by and between Crossland Heavy Contractors, Inc.. Columbus. KS herein called the Contractor, and the City of Fayetteville, Arkansas, Owner: WITNESSETH: That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the City of Fayetteville as follows: 1. That the Contractor shall furnish all the materials, and perform all of the work in manner and form as provided by the following enumerated Drawings, Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained herein and are entitled Wedington Drive Water and Sewer Main Replacement, dated August, 2005. Advertisement for Bids Instructions to Bidders Bid and acceptance thereof Performance Bond Payment Bond Maintenance Bond General Conditions Supplemental Conditions Specifications Drawings (See Sheet Index below) SHRRT INDEX SHEET NO. SHEET DESCRIPTION I Cover 2 Index, Legend & Location Map 3-9 Wedington Drive Water Plan / Profile 10 Highway Crossing Cross Sections 11 Sewer Lines 1 and 3 12 Sewer Lines 2 and 4 13-14 Details 2. That the City of Fayetteville hereby agrees to pay to the Contractor for the faithful performance of this Agreement, subject to additions and deductions as provided in the Specifications or Bid, in lawful money of the United States, the amount of: One Million Five Hundred Ninety One Thov- nd Four Hundred Twenty Six &20 /100 Dollars ($1,591.426.201 3. The Work will be completed and ready for final payment in accordance with.the General Conditions within 180 calendar days after the date when the Contract Time commences to run, as provided in the Notice to Proceed. r FY042165 Wedington Drive Water & Sewer Section 00500-1 JAN -24-2006 TUE 02:15 PH CROSSLAND HEAVY FAX NO. 620 429 2977 P. 03 4. Liquidated Damages: The City of Fayetteville and Contractor recognize that time is of the essence of this Agreement and the City of Fayetteville will suffer financial loss if the Work is not completed within the times specified in above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by the City of Fayetteville if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City of Fayetteville and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay the City of Fayetteville Five Hundred Dollars ($500.00) for each day that expires after the time specified in Paragraph 3 for completion and readiness for final payment. 5. That within 30 days of receipt of an approved payment request, the City of Fayetteville shall make partial payments to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor, LESS the retainage provided in the General Conditions, which is to be withheld by the City of Fayetteville until all work within a particular part has been performed strictly in accordance with this Agreement and until such work has been accepted by the City of Fayetteville. 6. That upon submission by the Contractor of evidence satisfactory to the City of Fayetteville that all payrolls, material bills, and other costs incurred by the Contractor in connection with the. construction of the work have been paid jn full, final payment on account of this Agreement shall be made within 60 days after the completion by the Contractor of all work covered by this Agreement and the acceptance of such work by the City of Fayetteville. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance and payment, the City of Fayetteville shall deem the Surety or Sureties upon such bond to be unsatisfactory or if, for any reason such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at his expense, within 5 days after the receipt of notice from the City of Fayetteville, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the City of Fayetteville. In such event, no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the City of Fayetteville. 8. No additional work or extras shall be done unless the same shall be duly authorized by appropriate action by the City of Fayetteville in writing. 9. 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 Arkansas Freedom of Information Act request is presented to the City of Fayetteville, (Contractor) will do everything possible to provide the documents in.a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C,A. §25-19-101 et. Seq.). Only Legally authorized photocopying cost pursuant to the FOIA may be assessed for this compliance. FY042165 Wedington Drive Water & Sewer Section 00500-2 JAN -24-2006 TUE 02:15 PH CROSSLAND HEAVY FAX NO. 620 429 2977 P. 04 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above written, in three (3) counterparts, each of which shall, without proof or accounting for the other counterpart be deemed an original Contract. SEAL: WITNESSES: ATTEST: City Cleric ,i ,Inc • . J . s CITY OF FAYETTEVILLE, ARKANSAS OWNER By. Mayor FY042165 Wedington Drive Water & Sewer Section 00500-3 O 0 41 N o n J N 9 1O LO V Ol Uf a IJ N n n N d J 'O Ul z c Z N c O 0• N do p 3 N w 0 CD c m 5 °1 s m mm J^ m *-c-- J' m m 3 g y m.z o x m 0 m p r z w 2CD m n p n N J n y D a 3 m �_ m -ox z90 O O Co > Ct D n O < Z m m 3 Q N c cn c d r 0o x M C N Ifl 2O d n -a ' m n 0 N N m m m d d z. x O m m + J$ a a. < N J _ o - O O O O O O O O O O n O O a O a O O 0 O 0 O 0 O 0 O 0 O 0 O 0 A m on N n o p Zzp N o a o D 0 �o v O 0 A m S O 0 A D ry N u N 0 O 0 u N O C O o O V V o Z z wm r n G3 c 3 V m 0 m •°c O O 0 N O a N- p T -1 -a cn v m o<< K Q o n O d S N_ O O J O S I. N N C O J = m C 3 N 0 m CD Q J N O J o N a D f o 0 Si O O 0 2 0 m VO y U, In ID CO ^ N I7 J J O N m a a m m D o O S N n T N C' a O N S S From: Clarice Pearman To: Norbash, Sid Date: 2/8/06 5:59PM Subject: Res. 28-06 & 29-06 Sid, This is just confirm that we talked today regarding the contracts for these resolution. It is my understanding that you will have these contracts to me next week. Thanks. Clarice CC: Smith, Sondra - From: Clarice Pearman To: Norbash, Sid Date: 2/21/06 5:09PM Subject: Crossland Heavy Contractors Sid, Just a reminder that I am still waiting on the agreements for Crossland to continue processing the resolution from February 7, 2006 City Council meeting. Please.let me know when I might expect to received them. Thanks. Clarice CC: Smith, Sondra From: Clarice Pearman To: Norbash, Sid Date: 3/1/06 6:01 PM Subject: Crossland Sid, Attached is a copy of the resolution passed by City Council, February 7, 2006 regarding Crossland Heavy Contractors. I am forwarding to you via interoffice mail five of the six original agreements. I am forwarding to the auditor the original of the purchase requisition and forwarding the original budget adjustment to budget. Thanks. Clarice CC: Bell, Peggy; Deaton, Vicki (Clarice Pearman - Fwd: Crossland Page 1 From: Clarice Pearman To: Fell, Barbara Date: 3/1/06 6:02PM Subject: Fwd: Crossland Sorry. >>> Clarice Pearman 03/01/06 6:01 PM >>> Sid, Attached is a copy of the resolution passed by City Council, February 7, 2006 regarding Crossland Heavy Contractors. I am forwarding to you via interoffice mail five of the six original agreements. I am forwarding to the auditor the original of the purchase requisition and forwarding the original budget adjustment to budget. Thanks. Clarice Tu ' ♦ , I I - I j `" 4 ` 4a WEDINGTON" DRIVE (ARKANSAS HIGHWAY 16). WATER AND SEWERMAIN REPLACEMENT FAYETTEVILLE, ARKANSAS - I' , l i .. • CITY OF FAYE7TEVILLE, ARKANSAS,: iY ♦• 'ARKANSAS t' TE Op" 1 1 `jMcCLElIAkD. '✓% IRECEIVED GDNgpLi,ND. c ENGINEFA5Iha e s -; - ' FEB I a 20D6 I q \q. ENGINEERING DIV. ! b�41lot1aI11g111N1\ f MCE PRAJECT"NO. FY0421♦63" AHTD Project -No. 040423 I ' August, 2005 ^ 11's1 I _ w. h• f� si , Prepared BY: PROFESSIONAL c, `ENGINEER- : ' ed . ' . �8FR► VJ `�1�e McClelland Consulting Engineers, Inc. 1810 North College, P.O. Box 1229 - Fayetteville, Arkansas 72702=1229 (479) 443-2377 ^ ,♦ ♦ ^ ' In L . F 1 - , . • ' I , WEDINGTON DRIVE (ARKANSAS HIGHWAY 16) WATER AND. SEWER MAIN REPLACEMENT 1 FAYETTE VILLE, ARKANSAS I I 1 CITY OF FAYETTEVILLE, ARKANSAS 1 1 MCE PROJECT NO. FY042165 AHTD Project No. 040423 August, 2005 1 1 Prepared By: 1 06slgno To rve ' McClelland Consulting Engineers, Inc. 1810 North College, P.O. Box 1229 Fayetteville, Arkansas 72702-1229 (479) 443-2377 s• - TABLE OF CONTENTS PART/SECTION N4 SUBJECT PAGE N° PART I BIDDING REQUIREMENTS ' 00030 Advertisement for Bids ..................................................... 1-2 00100 Instructions to Bidder...... ................., ..................... 1-7 00200 Information Available to Bidders ..................................... 1 00300 Bid Form Unit Price.......................................................... 1-20 00350 Bid Bond........................................................................... 1-2 00360 Notice of Award................................................................ 1 PART II CONTRACT FORMS 00500 Contract ............................................................................. 1-3 00600-1 Performance Bond............................................................. 1-2 00600-2 Payment Bond................................................................... 1-2 1 Maintenance Bond........................................................... 1 Contractor's Affidavit....................................................... 1 Notice to Proceed.............................................................. 1 PART III CONDITIONS OF THE CONTRACT 00700 General Conditions........................................................... 1-27 ' 00800 Supplementary Conditions ................................................ 1 PART IV SPECIFICATIONS DIVISION 1 GENERAL REQUIREMENTS 01000 Abbreviations.................................................................... 1-2 01009 Summary of Work............................................................. 1-2 01011 Site Conditions.................................................................. 1-4 01014 Protection of the Environment .......................................... 1-2 01016 Safety Requirements and ' Protection of Property....................................................... 1-5 01027 Application for Payment ................................................... 1-2 01028 Change Order Procedures ................................................. 1-3 01070 Cutting and Patching......................................................... 1-3 01210 Preconstruction Conferences ............................................. 1-2 ' 01300 Submittals During Construction ....................................... 1-5 01311 Schedule & Sequence of Operations ................................. 1-2 01400 Quality Control................................................................. 1-2 ' 01500 Temporary Construction Facilities andUtilities....................................................................... .1-3 01600 Material and Equipment Shipment, ' Handling, Storage, and Protection .................................... 1-3 01700 Contract Closeout.............................................................. 1-2 01710 Clean-Up........................................................................... 1-2 01720 Project Record Documents ............................................... 1-3 FY042165 Wedington Drive Water & Sewer TOC-1 I TABLE OF CONTENTS ' PART/SECTION NO SUBJECT PAGE N2 DIVISION 2 SITE WORK I02102 Clearing, Grubbing, and Stripping .................................... 1-3 02150 Storm Water Pollution Prevention .................................... 1-4 02200 Earthwork, Trench Excavation ' and Barkfill....................................................................... 1-9 02218 Landscape Grading............................................................ 1-2 02223 Bored Highway Undercrossings........................................ 1-5 02444 Fencing.............................................................................. 1-4 02485 Finish Grading and Grass. ................. .. ....... 1-3 02601 Asphalt: and Concrete Restoration .................................... 1-9 ' 02713 Spray — Applied Manhole Coating .................................... 1-8 02740 Manhole Construction....................................................... 1-4 ' DIVISION 3 CONCRETE 03210 Reinforcing Steel.............................................................. 1-3 03300 Concrete............................................................................ 1-12 DIVISION 15 MECHANICAL ' 15001 Plant Piping - General....................................................... 1-10 15001-2 Cement -Lined Ductile Iron Pipe & Epoxy Coated Fittings ................................... 1-4 15001-14 Polyvinyl Chloride (PVC) Pipe and Fittings ..................... 1-4 15005 Gravity Sewer Pipe........................................................... 1-6 15007 Cleaning and Television Inspection of Existing Sanitary ' Sewers............................................................................... 1-4 15012 Miscellaneous Tubing ....................................................... 1-2 15013 Miscellaneous Piping Specialties ...................................... 1-4 ' 15014 Miscellaneous Metering and Measuring Devices ............. 1-3 15080 Manually Operated Valves ................................................ 1-4 15082 Self -Contained Automatic Process Valves ....................... 1-2 I I I ra\9�91�iiwataNkrtk APPENDIX A Standard Water Line Specifications City of Fayetteville APPENDIX B Special Provisions APPENDIX C APPENDIX D Water Shut Down and Boil Orders Occupational Safety Health Administration City of Fayetteville (OSHA) Standard for Excavation and Trenches Safety System, 29 CFR 1926, Subpart P APPENDIX E APPENDIX F Arkansas State Licensing Law for Contractors Chapter 5, Tree and Landscape Manual City of Fayetteville IFY042165 Wedington Drive Water & Sewer TOC-2 I I [1 I I I I I I I I I 11 I I [I I DOCUMENT 00030 ADVERTISEMENT FOR BIDS Bids: Monday, January 23, 2006 at 2:00 P.M. PROJECT: Wedington Drive Water and Sewer Main Replacement, Fayetteville, Arkansas MCE Project No.: FY042165 McClelland Consulting Engineers, Inc. 1810 North College P.O. Box 1229 Fayetteville, Arkansas 72701 Phone: (479) 443-2377 The City of Fayetteville will receive sealed bids for the construction of water and sewer mains in the vicinity of Wedington Drive (Ark. Hwy 16), in Fayetteville, Arkansas, including approximately 9,240 feet of 18 -inch PVC water main, approximately 1,740 feet of 12 -inch to 6 -inch PVC water main, approximately 5,880 feet of 2 -inch and 1 -inch waterline, approximately 850 feet of 8 -inch and 6 -inch sewer main, highway bores, fire hydrants, valves, fittings, manholes, and related facilities. Bids shall be on a unit price basis. The City of Fayetteville, Arkansas will receive bids January 23, 2006, at 2:00 p.m. Local Time at the Office of the Purchasing Officer located in Room 306, 113 W. Mountain, Fayetteville, Arkansas. Bids received after this time will not be accepted. Bids will be opened and publicly read aloud immediately after specified closing time in a room to be designated. All interested parties are invited to attend. Bidding Documents may be examined at the offices of the Engineer and at: ABC Plans Room NW Ark. Planning Room Southern Reprographics 103 A Apple Blossom Rd. 2905 Point Circle Bethel Heights, AR 72764 Fayetteville, AR 72704 Copies of the Bidding documents may be obtained at the Engineers office in accordance with the Instructions to Bidders upon paying the sum of $90.00 for each set of documents. Return of documents is not required, and amount. paid for documents is not refundable. Partial sets are not available. Each Bid must be submitted on the prescribed form and accompanied by a certified check or bid bond executed on the prescribed form, payable to the City of Fayetteville, Arkansas in an amount not less than 5 percent of the amount bid. FY042165 Wedington Drive Water & Sewer 00030- 1 I For information concerning the proposed work, contact Robert W. White, P. E. at the Engineers office. The attention of the Bidder is directed to the applicable federal and state requirements and conditions of employment to be observed and minimum wage rates to be paid under this contract. "Pursuant to Arkansas Code Annotated 22-9-203, the City of Fayetteville, Arkansas encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, the City of Fayetteville, Arkansas encourages all general contractors to subcontract portions of their contract to qualified small, minority, and women business enterprises." The Owner reserves the right to waive irregularities and to reject bids and to postpone the award of the Contract for a period of time which shall not exceed beyond 90 days from the bid opening date. CITY OF FAYETTEVILLE, ARKANSAS Peggy Vice, Purchasing Officer ' I I I I I I I I FY042165 Wedington Drive Water & Sewer 00030 - 2 ' DOCUMENT 00100 .e.. INSTRUCTIONS TO BIDDERS PARAGRAPH NOJTITLE PAGE NO. 1. FORMAT......................................................................................................................................1 2. SPECIFICATION LANGUAGE..................................................................................................1 3. GENERAL DESCRIPTION OF 7'}1E PROJECT........................................................................1 4. QUALIFICATION OF CONTRACTORS...................................................................................1 5. DOCUMENT INTERPRETATION.............................................................................................1 6. BIDDER'S UNDERSTANDING..................................................................................................2 7. PROJECT MANUAL AND DRA WINGS...................................................................................2 8. TYPE OF BID...............................................................................................................................2 9. TRENCH AND EXCAVATION SAFETY SYSTEM.................................................................3 10. ALTERNATES.............................................................................................................................3 11. PREPARATION OF BIDS...........................................................................................................3 12. STATE AND LOCAL SALES AND USE TAXES.....................................................................3 13. SUBMISSION OF BIDS..............................................................................................................4 14. TELEGRAPHIC OR WRITTEN MODIFICATION OF BID......................................................4 15. WITHDRAWAL OF BID.............................................................................................................4 16. BID SECURITY...........................................................................................................................4 17. RETURN OF BID SECURITY....................................................................................................5 18. AWARD OF CONTRACT...........................................................................................................5 19. BASIS OF AWARD.....................................................................................................................5 20. EXECUTION OF CONTRACT...................................................................................................5 21. PERFORMANCE AND PAYMENT BONDS, MAINTENANCE BOND.................................5 22. FAILURE TO EXECUTE CONTRACT AND FURNISH BOND..............................................6 23. PERFORMANCE OF WORK BY CONTRACTOR...................................................................6 24. TIME OF COMPLETION............................................................................................................7 25. PROVIDING REQUIRED INSURANCE....................................................................................7 I I I I I I DOCUMENT 00100 INSTRUCTIONS TO BIDDERS FORMAT The Contract Documents are divided into Parts, Divisions, and Sections in keeping with accepted industry practice in order to separate categories of subject matter for convenient reference thereto. Generally, there has been no attempt to divide the Specification Sections into work performed by the various building trades, work by separate subcontractors, or work required for separate facilities in the Project. 2. SPECIFICATION LANGUAGE "Command" type sentences are used in Contract Documents. These refer to and are directed to the Contractor. 1 3. GENERAL DESCRIPTION OF THE PROJECT I A general description of the Work to be done is contained in the ADVERTISEMENT FOR BIDS. The scope is indicated on the accompanying Drawings and specified in applicable parts of these Contract Documents. 1 4. QUALIFICATION OF CONTRACTORS I The prospective bidders must meet the statutorily prescribed requirements before Award of Contract by the Owner. Before a Contract will be awarded for the work contemplated herein, the Owner will conduct such investigation as is necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified under this Contract. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. 5. DOCUMENT INTERPRETATION ' The Contract Documents governing the Work proposed herein consist of the Drawings and all material bound herewith. These Contract Documents are intended to be mutually cooperative and to provide all details reasonably required for the execution of the proposed Work. Any person contemplating the submission of a Bid shall have thoroughly examined all of the various parts of these Documents, and should there be any doubt as to the meaning or intent of said Contract Documents, the Bidder should request of the Engineer, in writing (received by ' the Engineer at least 5 working days prior to bid opening) an interpretation thereof. 'J FY04265 Wedington Drive Water & Sewer Section 00100-1 I Any interpretation or change in said Contract Documents will be made only in writing, in the form of Addenda to the Documents which will be furnished to all Bidders receiving a set of the Documents. Bidders shall submit with their Bids, or indicate receipt, of all Addenda. The ' Owner or Engineer will not be responsible for any other explanation or interpretations of said Documents not issued in writing by Addendum. 6. BIDDER'S UNDERSTANDING Each Bidder must inform himself of the conditions relating to the execution of the Work, and it ' is assumed that he will inspect the site and make himself thoroughly familiar with all the Contract Documents. Failure to do so will not relieve the successful Bidder of his obligation to enter into a Contract and complete the contemplated Work in strict accordance with the Contract Documents. It shall be the Bidder's obligation to verify for himself and to his complete satisfaction all information concerning site and subsurface conditions. Information derived from topographic maps, or from Drawings showing location of utilities and structures will not in any way relieve the Contractor from any risk, or from properly examining the site and making such additional investigations as he may elect, or from properly fulfilling all the terms of the Contract Documents. Each Bidder shall inform himself of, and the Bidder awarded a Contract shall comply with, federal, state, and local laws, statutes, and ordinances relative to the execution of the Work. This requirement includes, but is not limited to, applicable regulations concerning minimum wage rates, nondiscrimination in the employment of labor, protection of public and employee safety and health, environmental protection, the protection of natural resources, fire protection, , burning and nonbuming requirements, permits, fees, contractor's license, nonresident contractors' notice and bond requirements, and similar subjects. 7. PROJECT MANUAL AND DRAWINGS ' No return of Drawings is required and no refund will be made. The successful bidder will be furnished three sets of Documents without charge. Any additional copies required will be furnished to the Contractor at $_90.00 per set. Partial sets will not be available. TYPE OF BID ' Unit prices shall be submitted in the appropriate places on the Bid form. The total amount to be paid to the Contractor shall be the total amount of the unit price items as adjustedibased on quantities installed and/or any adjustment for additions or deletions resulting from additive or deductive alternates or change orders during construction. I FY04265 Wedington Drive Water & Sewer Section 00100-2 , I 1 9 I I TRENCH AND EXCAVATION SAFETY SYSTEM IN ACCORDANCE WITH ACT 291 OF 1993, BIDDERS MUST PROVIDE A SEPARATE PRICE FOR TRENCH AND EXCAVATION SAFETY PROGRAMS IN THE SPACE PROVIDED ON THE BID FORM. FAILURE TO DO SO WILL SUBJECT THE BIDDER TO DISQUALIFICATION. 10. ALTERNATES Not used. 11. PREPARATION OF BIDS All blank spaces on the Bid Form must be filled in, preferably in BLACK ink, in both words ' and figures where required. No changes shall be made in the phraseology of the forms. Written amounts shall govern in cases of discrepancy between the amounts stated in writing and the amounts stated in figures. In case of discrepancy between unit prices and totals, unit prices will prevail. I Any Bid shall be deemed informal which contains material omissions, or irregularities, or in which any of the prices are obviously unbalanced, or which in any manner shall fail to conform to the conditions of the published ADVERTISEMENT FOR BIDS. I I I I [.I I I Only one bid from any individual, firm, partnership, or corporation, under the same or different names, will be considered. Should it appear to the Owner that any Bidder is interested in more than one bid for Work contemplated, all bids in which such Bidder is interested will be rejected. The Bidder shall sign his Bid Form on the blank space provided therefor. If Bidder is a corporation, the legal name of the corporation shall be set forth above, together with the signature of the officer or officers authorized to sign Contracts on behalf of the corporation. If Bidder is a partnership or sole proprietorship, the true name of the firm shall be set forth above, together with the signature of the sole proprietor, partner or partners authorized to sign Contracts in behalf of the firm. If signature is by an agent, other than an officer of a corporation or a member of a partnership or sole proprietor, a notarized power -of - attorney must be on file with the Owner prior to opening of bids or submitted with the Bid. 12. STATE AND LOCAL SALES AND USE TAXES Unless the Supplementary Conditions contains a statement that the Owner is exempt from state sales tax on materials incorporated into the Work due to the qualification of the Work under this Contract, all state and local sales and use taxes, as required by the laws and statutes of the state and its political subdivisions, shall be paid by the Contractor. Prices quoted in the Bid shall include all nonexempt sales and use taxes, unless provision is made in the Bid Form to separately itemize the tax. IFY04265 Wedington Drive Water & Sewer Section 00100-3 I 13. SUBMISSION OF BIDS I All Bids must be submitted, not later than the time prescribed, at the place, and in the manner set forth in the ADVERTISEMENT FOR BIDS. Bids must be made on the Bid Form provided herein. Each Bid must be submitted in a sealed envelope, so marked as to indicate its contents without being opened, and addressed in conformance with the instructions in the ADVERTISEMENT FOR BIDS. 14, TELEGRAPHIC OR WRITTEN MODIFICATION OF BID , Any Bidder may modify his bid by telegraphic or written communication at any time prior to the scheduled closing time for receipt of bids, provided such communication is received by the Owner prior to the closing time. The telegraphic or written communication should not reveal the bid price; it shall, however, state the addition or subtraction or other modification so that the final prices or terms will not be known by the Owner until the sealed bid is opened. 15. WITHDRAWAL OF BID , Any Bid may be withdrawn prior to the scheduled time for the opening of bids either by telegraphic or written request, or in person. No Bid may be withdrawn after the time scheduled for opening of Bids, unless the time specified in Item, AWARD OF CONTRACT, of these INSTRUCTIONS TO BIDDERS shall have elapsed. 16. BID SECURITY ' Bids must be accompanied by cash, a certified check, or cashier's check drawn on a bank in ' good standing, or a bid bond issued by a Surety authorized to issue such bonds in ;the State where the Work is located, in the amount of 5 percent of the total amount of the Bid submitted. This bid security shall be given as a guarantee that the Bidder will not withdraw ' his Bid for a period of 90 days after bid opening, and that if awarded the Contract, the successful Bidder will execute the attached Contract and furnish properly executed Performance and Payment Bonds, each in the full amount of the Contract price within the time specified. The Attorney -in -Fact (Resident Agent) who executes this bond in behalf of the Surety must attach a notarized copy of his power -of -attorney as evidence of his authority to bind the Surety on the date of execution of the bond. All bid bonds and Contract bonds shall be executed by a LICENSED AGENT of the Surety as licensed by the Arkansas Insurance Commissioner and in all ways complying with the laws of the State of Arkansas. The mere countersigning of a bond will not be sufficient. If the Bidder elects to furnish a Bid Bond, he shall use the Bid Bond form bound herewith, or one conforming substantially thereto in form and content. FY04265 Wedington Drive Water & Sewer Section 00100-4 , 17. RETURN OF BID SECURITY Within 15 days after the award of the Contract, the.Owner will return the bid securities to all ' Bidders whose Bids are not to be further considered in awarding the Contract. Retained bid securities will be held until the Contract has been finally executed, after which all bid securities, other than Bidders' bonds and any guarantees which have been forfeited, will be returned to the respective Bidders whose Bids they accompanied. 18. AWARD OF CONTRACT ' Within 90 calendar days after the opening of Bids, unless otherwise stated in the ADVERTISEMENT FOR BIDS or SUPPLEMENTARY CONDITIONS of these Documents, the Owner will accept one of the Bids or will act in accordance with BASIS OF AWARD, below. The acceptance of the Bid will be by written notice of award, mailed or delivered to the office designated on the Bid Form. In the event of failure of the lowest responsible and responsive qualified Bidder to sign and return the Contract with acceptable Performance and Payment Bonds, as prescribed herein, the Owner may award the Contract to the next lowest I. responsible and responsive qualified Bidder. Such award, if made, will be made within 90 days after the opening of Bids. 19. BASIS OF AWARD If, at the time this Contract is to be awarded, the Total Base Bid of the lowest acceptable Bid exceeds the funds then estimated by the Owner as available, the Owner may reject all bids or take such other action as best serves the Owner's interests. 20. EXECUTION OF CONTRACT The successful Bidder shall, within 15 consecutive days after receiving notice of award, sign ' and deliver to the Owner the Contract hereto attached together with the acceptable bonds as required in these Documents. Within 15 consecutive days after receiving the signed Contract with acceptable bonds from the successful Bidder, the Owner's authorized agent will sign the 'Contract. Signature by both parties constitutes execution of the Contract. ' The successful bidder shall conform to the Rules and Regulations of Arkansas Department of Finance and Administration concerning nonresident contractor's notice and bond requirements. ' 21. PERFORMANCE AND PAYMENT BONDS, MAINTENANCE BOND The successful Bidder shall file with the Owner a Performance Bond and Payment Bond on the form bound herewith, each in the full amount of the Contract Price in accordance with the requirements of the State of Arkansas as applicable, as security for the faithful performance of ' the Contract and the payment of all persons supplying labor and materials for the construction of the Work, and to cover all guarantees against defective workmanship or materials, or both, for a period of 1 year after the date of final acceptance of the Work by the Owner. ' The Surety furnishing this bond shall have a sound financial standing and a record of service IFY04265 Wedington Drive Water & Sewer Section 00100-5 satisfactory to the Owner, shall be authorized to do business in the State of Arkansas, and shall be listed on the current U. S. Department of Treasury Circular Number 570, or amendments thereto in the Federal Register, of acceptable Sureties for Federal projects. 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 the preceding paragraph, Contractor shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to Owner. The Attorney -in -Fact (Resident Agent) who executes this Performance Bond and Payment Bond in behalf of the Surety must attach a notarized copy of his power -of -attorney as evidence of his authority to bind the Surety on the date of execution of the bond. All Contracts, Performance and Payment Bonds, and respective powers -of -attorney will have the same date. The successful Bidder shall file with the Owner a two year Maintenance Bond on the form bound herewith, in the full amount of the Contract Price. 22. FAILURE TO EXECUTE CONTRACT AND FURNISH BOND The Bidder who has a Contract awarded to him and who fails to properly execute the Contract and furnish the Performance Bond and Payment Bond, within the time frame stipulated elsewhere in these documents, shall forfeit the bid security that accompanied his bid, and the bid security shall be retained as liquidated damages by the Owner, and it is agreed that this sum is a fair estimate of the amount of damages the Owner will sustain in case the Bidder fails to enter into a Contract and furnish the bond as hereinbefore provided. Bid security deposited in the form of cash, a certified check, or cashier's check shall be subject to the same ' requirements as a Bid Bond. 23. PERFORMANCE OF WORK BY CONTRACTOR The Contractor shall perform on the site and with his own organization, work equivalent to at least seventy percent of the total amount of the work to be performed under this Contract. If, during the progress of the Work hereunder, the Contractor requests a reduction of such percentage, and the Engineer determines that it would be to the Owner's advantage, the percentage of the work required to be performed by the Contractor's own organization may be reduced, PROVIDED prior written approval of such reduction is obtained by the Contractor from the Engineer. ' Each bidder must furnish with his bid a list of the items that he will perform with his own forces and the estimated total cost of these items. ' FY04265 Wedington Drive Water & Sewer Section 00100-6 ' I I 24. TIME OF COMPLETION r I I I I H ET I I I I I I The time of completion of the Work to be performed under this Contract is of the essence of the Contract. Delays and extensions of time may be allowed in accordance with the provisions stated in Document 00700 - GENERAL CONDITIONS. The time allowed for the completion of the Work is stated in Document 00500 - Contract. 25. PROVIDING REQUIRED INSURANCE The Bidder's attention is directed to the insurance requirements set forth in the General Conditions (amended in the Supplementary Conditions, if appropriate). Submittal of a bid indicates full understanding and intent to comply with the insurance requirements which are a condition of the contract. FY04265 Wedington Drive Water & Sewer Section 00100-7 DOCUMENT 00200 INFORMATION AVAILABLE TO BIDDERS PART 1. GENERAL 1.01 SECTION INCLUDES A. Arkansas Prevailing Wages are not applicable. PART 2. PRODUCTS A. Not Used. PART 3. EXECUTION A. Not Used. END OF SECTION FY042165 Wedington Drive Water & Sewer Section 00200 - 1 I II 1 I I I DOCUMENT 00300 BID FORM UNIT PRICE NOTE TO BIDDER: Please use BLACK ink for completing this Bid form. To: The City of Fayetteville. Arkansas Address: 113 West Mountain Fayetteville. AR 72701 IProject Title: Fayetteville Wedington Drive Water and Sewer Main Replacement Engineer's Project No.: FY042165 Date: t J%= Q Bidder: Coss&M ikcay l Cpt1 oaivrs1 I1C . Address: ft) nm)o ' Contact Person for additional information on this Bid: L [I I Name: r? LY Q ly it r\ Telephone: (02 - LLZ t - 1(-t) l) Fax: (jib- - .4 7 _ 471 ADDENDA Arkansas Contractor's License No.: CCS.6 ') O 1 \ Olo The Bidder hereby acknowledges that he has received Addenda Numbers: to these Specifications. (Bidder insert No. of each Addendum received.) FY042165 Wedington Drive Water & Sewer Section 00300-1 I BIDDER'S DECLARATION AND UNDERSTANDING The undersigned, hereinafter called the Bidder, declares that the only persons or parties interested in this Bid are those named herein, that this Bid is, in all respects, fair and without fraud, that it is made without collusion with any official of the Owner, and that the Bid is made without any connection or collusion with any person submitting another Bid on this Contract. The Bidder further declares that he has carefully examined the Contract Documents for the construction of the project, that he has personally inspected the site, that he has satisfied himself as to the quantities involved, including materials and equipment, and conditions of work involved, including the fact that the description of the quantities of work and materials, as included herein, is brief and is intended only to indicate the general nature of the work and to identify the said quantities with the detailed requirements of the Contract Documents, and that this Bid is made according to the ' provisions and under the terms of the Contract Documents, which Documents are hereby made a part • of this Bid. I The Bidder further agrees that he has exercised his own judgement and has utilized all data which he believes pertinent from the Engineer, Owner, and other sources in arriving at his own conclusions. The Bidder states that he has experience in and is qualified to perform the work herein specified and, if he does not have craftsmen experienced and qualified in any phase of the work for which this Bid is offered, that he will subcontract the work under said phase to a contractor who does have the necessary experience and qualifications. CONTRACT EXECUTION AND BONDS The Bidder agrees that if this Bid is accepted, he will, within 15 days after notice of award, sign the Contract in the form annexed hereto, and will at that time, deliver to the Owner the Performance Bond and Payment Bond required herein, and will, to the extent of his Bid, furnish all machinery, tools, apparatus, and other means of construction and do the work and furnish all the materials necessary to complete all work as specified or indicated in the Contract Documents. CERTIFICATES OF INSURANCE. PAYMENT BOND. AND PERFORMANCE BOND The Bidder further agrees to furnish the Owner, before executing the Contract, the certificates of insurance, Payment Bond, and Performance Bond as specified in these Documents. ' START OF CONSTRUCTION, CONTRACT COMPLETION TIME. AND LIQUIDATED DAMAGES • Start of Construction, Contract Completion Time, and Liquidated Damages are stated in Document 00500 - Contract. I 1 ' FY042165 Wedington Drive Water & Sewer Section 00300-2 SALES AND USE TAXES The Bidder agrees that all federal, state, and local sales and use taxes are included in the stated bid prices for the work. 1 UNIT PRICE BASE BID ,' The Bidder agrees to accept as full payment for the work proposed herein the amount computed under the provisions of the Contract Documents and based on the following unit price amounts, it being expressly understood that the unit prices are independent of the exact quantities involved. The ' bidder agrees that the unit prices represent a true measure of the labor and materials required to perform the work, including all allowances for overhead and profit for each type and unit of work called for in the Contract Documents. The amounts shall be shown in both words and figures. In •case of discrepancy, the amount shown in words shall govern. ' t , BASE BID SCHEDULE ` F ` , ITEM :EST.: 3 - UNIT ' QTY DESCRIPTION, i ' UNIT PRICE TOTAL • NUMBER 1. 1 LS Act 291, 1993 Trench and Excavation ($ ($ D •7 Safety System TWZEE Tuna. wvSEA fknsxm Dollars/LS o l�'5 a 2. 9246 LF 18 -Inch PVC, C-905, DR -18 Water Main ($_7/ ($704 168• xr icuasry rY * — Dollars/LF Words ' 3. 530 LF 12 -Inch PVC, C-900, Class 200 Water ($ 55 3 ($ q /50 )� Main _I Fr ry FSvt Dollars/LF Words 4. 1130 LF 8 -Inch PVC, C-900, Class 200 Water ($ $ ) ($ Lt2.9ad �1 _I Main ` 14mRYY ESlu7 Dollars/LF Words 1 5. . 80 LF 6 -Inch PVC, C-900, Class 200 Water ($ [r z ) ($ 3 O Main 1 Foxe- y 'Ttuo Dollars/LF Words % 6. 40 LF 6 -Inch Ductile Iron, Class 350 Fire ($ _Vi ) ($_2O 14O� ' Hydrant Stubs F3Fry ©e, Dollars/LF. Words ' FY042165 Wedington Drive Water & Sewer Section 00300-3 8. 30 9. 500 14. 9 15. 10 16. 17. 5n rEcu f �- Dollars/LF Words LF 2 -Inch Polyethylene Service Tubing �Tdz Ty Dollars/LF Words LF 1 -Inch Polyethylene Service Tubing FrpT-er. Dollars/LF Words EA 18" Class 250B Butterfly Valve wBox rxvr T.roueo.w, Exskr rlaav*ey Ssx ry 5r c,-' Dollars/EA Words EA 12" Class 250B Butterfly Valve w/Box TFtmEt T-mo" i.taupitrw , TWENTY Dollars/EA Words EA 8" Gate Valve w/Box V.m6 Nreuoet p,T -ury Sr Dollars/EA Words EA 6" Gate Valve wBox jr AW00.90 Ts+ry'zir Dollars/EA Words EA 2" Gate Valve w/Box rOfl A.MRwo i'Evwc.rc-�v DollarsBA Words EA Three Way Fire Hydrant Two %Ftanfn-D . fl EsrY DollarslEA Words EA Relocate Existing Fire Hydrant ONE Ti+°"lfrd.'D, ESs*T f+asoaso FJrve'ry Two Dollars/EA Words 1 EA Salvage Existing Fire Hydrant Our TFkas+"o, SSY 14avpuEe, NS.uery Fivr Dollars/EA Words ($ 15y1 (5_75OOf (5_5617t ($ FZ 0631 ($ q2d' ($_____ � ($ 6 Z.6 t.ti ($ 6 X86 ($ tf-f 7) ($ 3 759 j ($ ZO O ($ zO OD t�- a. ($_I 4' %� ) ($ _(072T � FY042165 Wedington Drive Water & Sewer Section 003004 1 I. BASE BID $CHEDULE° n k fi< ITEM,.EST. UNIT: DESCRIET'ON UNIT PRICE , TOTAL •NUMBER QTY: 18 5 EA Service Line Connection to Existing ($ th$ f4 'J ($ Meter Setter /-ear l-�uuoiec0 /fl- E&4srrpoIIars/EA Words -C c 19. 34 EA Single Meter Setting, Complete, ($ Call l ($ Including Pressure Reducer and Plumber • Connection to Existing Building Service Fear. F1ayr7 t,, %rrsarr at Dollars/EA Words 20. 2 EA 1 -Inch Meter Setting, Complete, ($ Z ) ($ O_! 61,- Including Pressure Reducer and Plumber Connection to Existing Building Service CvEDNBo%rtrnTy two Dollars/EA Words 21. 6 EA Dual Meter Setting, Complete, Including Pressure Reducers and Plumber ($ 3 �� 1 Connections to Existing Building Services • E54/mpvnso Lyry Dollars/EA Words 22. 1 EA Install New Frost Proof Yard Hydrant at ($ 2ra O ($ 2�KJ 1 Meter Setting l wa 4apoptD retry Dollars/EA Words R� _I 23. 2 EA Install New Meter Box On Existing ($_(3 y ) ($ 2.70 Meter Setting O6 f{tv.'vn%ffsnrrvc Dollars/EA Words 24. 2 EA Install New Meter Box Lid On Existing ($ii ($_! Z�hs j Meter Setting f ry Two Dollars/EA G yoo z� Words 25. 2 EA Install New Meter Yoke On Existing ($ 3 3 a ) ($ 2 - Meter Setting ,1 VFW /-1•uf+acsbTcve wo Dollars/EA Words 26. 16 EA 18" Saddle, 1" Corporation Stop and Tap ($ 3 f 2- t ($ e r 992')- 1 7"tee Nuvr7WEc' G-K—Dollars/EA Words FY042165 Wedington Drive Water & Sewer Section 00300-5 BASE BID°SCHEDULE �`• i �, '.E it F - .i -�:- ITEM,;' EST. NUMBER: QTY; . UNIT DESCRIPTION •UNIT PRICE TOTAI, 27. 1 EA 18" Saddle, 2" Corporation Stop and Tap ($ ci5O 'i ($ 550 f /rrvE F. ,- Dollars/EA Words 00 so 28 1 EA 12" Saddle, 1" Corporation Stop and Tap ($_2-9 55 ($_2_Y.53 Two I-(4Mvar=O7 ayy T 'E Dollars/EA Words 29. 2 EA 8" Saddle, 1" Corporation Stop and Tap ($ 6( f ) ($ Y .7— c&c /_J.�ivg Dollars/FA Words 30 29 EA 2" Saddle, I Corporation Stop and Tap 2� (Dt;e A"GftEgi frmtTY Two Dollars/EA Words 31. 1 EA 12"x12" Tapping Tee, 12" Tapping ($ 6O4iY1 ($ 6O4 c -t Valve w/Box Srx T a.,n o', FOat-n' 9&44 Dollars/EA Words 32. 8 EA 8"x8" Tapping Tee, 8" Tapping Valve ea PP g PP� B ($ t!-tl�a�� ($ 94xr w/Box Ao# a 7 .t.a. a a'n , Foul Papofso , ESGftra6✓ Dollars/EA Words 33. 4 EA 6"x6" Tapping Tee, 6" Tapping Valve ($ 9 506 )) ($ I4-OZ.th1` wBox V MaCCE '�i+ec PA4✓v, Fs✓e fJswoao &4S1r Dollars/EA Words 34. 1 EA 4"x4" Tapping Tee, 4" Tapping Valve ($ zl8T)) ($_a wBox 7t. -Ifiea5Ppa , l'S6r4r rrauo, o E'xary roan Dollars/EA Words 35. 1 EA 2" Blowoff Assembly ($ f Y 5l ) ($_I oNE T s.- p0, ire //ur+On6o, ,Carry D'E Dollars/EA Words 36. 1 EA 18"x18" Connection ($ 3'FO (5_700 T&M NUpOnj ZM-fY Dollars/EA Words FY042165 Wedington Drive Water & Sewer Section 00300-6 I [Ti 1 BASE BID SCHEDULE } R NUMBER QTY UNIT DESCRIPTION ,-1 UNIT PRICE TOTAL I , ,2 ♦ y`� a i ♦ fi l 37. 6 EA 8"x2" Saddle, 2" Corp Stop and Tap for ($ ($ _p 741 045 I. 2" Main Connection Tifteo Nuedied GD /VJas�1 S'1 ctJ &5Dollars/EA ' Words 38. 30 LF 30 -Inch Bored Steel Casiqg ($ 176 ($ �S O.te flou3&M1d Ow Hw keM oD Se tk'tdM, Sik ati TS Dollars/LF Words • 39. 92 LF 30 -Inch Direct BurySteel Casing ($ 152-'T (5_(3 ?81k1 HwtrjCtj F'FIsrDollars/LF Words 40. 74 LF 24 -Inch Bored Steel Casing ($ ($ 75 757 7AtV a //wheF &fr E Dollars/LF Words 41. 40 LF 24 -Inch /Direct Bury Steel Casing (5_12.5 1 ($ 500011 ORe�ivaJceSTulrf% Five Dollars/LF Words 42. 290 LF 16 -Inch Bored Steel Casing ($ 2.o S ($1O Y≥& t 1 7a)OHun//fl E A.* Dollars/LF Words ab ae 43. 138 LF 16 -Inch Direct BurySteel Casing ($ LY ($ )( .3 f6i f 9 ii i'u TuJ D Dollars/LF G Words 1 44. 40 LF 6 -Inch Direct Bury Steel Casing ($ 5S tJ) ($ Z ZAD i &E ew 4'✓P Dollars/LF 1 Words •45. 100 LF Short Bore Under Trees, for 18" Main, ($2jJ 3 (5_Z6 No Casing / .y .1 fi/aaA/rt1 S A env Dollars/LF Words 46. 30 LF Short Bore Under Trees, for 6" to 12" ($_I 51' ($_14-53O Main, No Casing 1 ddtollars/LF Words IFY042165 Wedington Drive Water & Sewer Section 00300-7 48. 49. 50. 51. 52. 53. 54. 55. 56. 57 to 1" Pipe, No Casing i16i t Dollars/LF Words 8 EA Protective Fencing For Trees OIv .rilDollars/EA Words 1 EA Cut and Cap Existing 12" Main 2 lef Dollars/EA Words 11 EA Cut and Cap Existing 8" Main d2 Dollars/EA Words 4 EA Cut and Cap Existing 6" Main %o •/7 `r)a r Dollars/EA Words 1 EA Cut and Cap '/ Existing 4" Main T a 11urrdlyt/ Dollars/EA Words 1 EA Cut and Cap Existing 2" Main Tin>A //undied dui fed Dollars/EA Words 16 EA Abandon Existing Valve T d f/aad/tol `%✓d Dollars/EA Words 14,465 LB Epoxy Coated Ductile Iron Fittings Si k Dollars/LB Words 1 EA Concrete Collar Thrust Anchor on Existing 18" Wat Main 7lcee Nun tic! : Dollars/LA Words 837 LF 8 -Inch PVC Sewer Main, SDR-26 rue t✓c Dollars/LF Words ($ Lt49 ($_ zti ($ 7 Zor ($ Z -2t - ($ 36' ($ 2OO 1 ($ ZOO) - ($ Zf `f) $ ($ ZOZ'Y ($_,Z,2. ($_/' ($ 86790 Cs_____ ($_____3 5 ($ (2- ($lDacr FY042165 Wedington Drive Water & Sewer Section 00300-8 59. 70 60. 247 61. 325 62. 74 64. 12 65. 1 66. 13 67. 6 zfO /i Yelp Dollars/LF Words LF 4 -Inch PVC Sewer Service, SDR-26, ($) Including Trenching and Backfilling / 6L1 Dollars/LF Wo s LF Sewer Main Trenching and Backfilling, ($_17 0-6 Feet Deep SP tied fern Dollars/LF Words �� LF Sewer Main Trenching and Backfilling, ($ ft ) 6-8 Feet Deep /�/MRe Are/' Dollars/LF Words LF Sewer Main Trenching and Backfilling 8- ($_2-I �) 10 Feet Deep T_-___ DAP Dollars/LF Words LF Sewer Main Trenching and Backfilling ($_2-9 10-12 Feet Deep ert{v /J�ii✓P Dollars/LF —� Words EA 4 Foot Diameter Standard Manhole, 0 ($ eet to 6 Feet Deep / ,ii. ,/ r�e�e %AOusa d#/(/t e mite /mod /t/,if.P{v Four' Dollars/EA Words EA 4 Foot Diameter Drop Manhole, 0 Fee to ($ 3 9 ff Feej De p TAret TAOU$a,cd l/u,Ait / i tf Dollars/EA ords VF Extra Manhole Depth, Oyer 6 Feet Deep ($_t'5 �) %1/et fuse/id %)ems{yr F't/p Dollars/VF Words EA Remove Existi g ManhoI ($ 7 I / Severs awe /r /edeel Dollars/EA Words ($ Iyt1t T ($_(755 ($u -74't8 ($,3 P fu -D ($ t4-zz5 j ($ tEZ66 j FY042165 Wedington Drive Water & Sewer Section 00300-9 Y. 1. i tom fEM ES l4IBER 7 68. 4 69. 2 70. 840 71. 2 72. 77 73. 132 74. 54 75. 400 76. 10 77. -300 78. 20 '.<. rY r;( . �S 1Y -.r BASE, BID'SCHEDULE '� ��� "„ 'i_ 1 i . 1 11 �.p - c k h:' r, J J cr UNIT DESCRIPTION. ' . UNIT PRI E C TOTAL - Ir EA Service Wye o}i�l 8 -Inch PVC ($ ($ 1 7 9Z�r Fou/ luftdiaC/ f fir! � ,c 4.f Dollars/EA Wor EA 44nch Manhole Tap for Service ($_725 5 ($_ eve✓t Nwtdrer( 7o'.)m y ,6'de Dollars/EA Words 5 LF TV Inspection of Existing Sewer to be ($ ($_2.1 Ieo Abandoned and/or Replaced / Se 73oreie 4d1133 Dollars/LF Words . EA Sewer ServiceCleanout ($ 1O ($_I I) ,6* &dined/,i f Dollars/EA words LF 20" //Direct BurySteel Casing ($ _ , ($_7O07 lt/ ;fl Tu U Dollars/I.F ��9cdp Words LF 18" Bored Steel C.4sing, ($________ ($gild 1( T7w, 4 44yAJ Dollars/LF rds LF 18" Direct BurySteel Casing ($ t6 ) ($ E)) Dollars/LF rds SY Asphalt Surface Restoration $ JrZ ) ($ ?O S /21/ %6 Dollars/SY Words SY Asphalt Highway Restoration ($ SZ ($ 5zo-3 /P/ u %r3O Dollars/SY C, Words SY Concrete Surface Restoration ($ %6 ($ 22 $ao S eA Dollars/SY Words SY Concrete Sidewalk Restoration ($ 6'. ) ($ 1 3 So'� Suifj A -e Dollars/SY LI Words FY042165 Wedington Drive Water & Sewer Section 00300-10 II 1 1 1 1 1 1 1 1 .1 1 1 i 1 79. 40 LP Curb and Gutter Restoration ($ L ($_I HBO For l TJ n Dollars/CF Words 80. 1060 TON Granular Fill I yam) ($ f a 7ZO _ Dollars/TON Words 81. 30 TON Trench Stabilization Material ($_z7 ($_8!O 7 e.tdU SP✓e✓1 Dollars/TON Words 82. 25 CY Plowable Fill ($_9 2-i (52- 9cY� rd Dollars/CY Words 83. 1 LS Erosion Control ($_50e ($ `dam a kil 7X btt ee .td Dollars/CS q Words it s l 2i0.20 l ) ze TOTAL BASE BID $ 1 5 -- EOUIVALENT SYSTEM BID SCHEDULE In order for City of Fayetteville to obtain reimbursement from the Highway Department for eligible costs for replacing its water and sewer facilities, the cost of the replacement work must be for an "equivalent system" to the system that is being replaced. That is, pipe sizes and materials must be generally similar to the original system. Consequently, the following bid schedule lists quantities and material sizes and types that are comparable to the existing system that is being replaced. safety system 72/N r. o`...5a�/� r3� AAe/cet/ DollarsCCS Words FY042165 Wedington Drive Water & Sewer 9 Section 00300-11 f •, ES -3. 7,518 ES -4. 671 ES -5. 87 ES -6. 130 ES -7. 2,243 ES -8. 7 ES -9. 6 UNIT -.-DESCRIPTION-7 LF 12 -Inch PVC, C-900, Class 200 Water Main /,��u SiX axe Dollars/LF Words LF 8 -Inch PVC, C-900, Class 200 Water Main flirt £ixJ SIlars/LF ords LF 6 -Inch PVC, C-900, Class 200 Water Main Dollars/LF Words LF 4 -Inch PVC, C-900, Class 200 Water Main Tl/j4 Ti1/P� Dollars/LF Words LF 2 -Inch Polyethylene Service Tubing 2✓r Dollars/LF Words LF 1 -Inch Polyethylene Service Tubing ait/—�e3DolIars/LF Words EA 8" Gate Valve w/Box vte T.iou64wei Dollars/EA Words EA 6" Gate Vaalve/wBox S;t k ,nd�id Ai 6,r 4!Dotlars/EA Words EA Relocate Three Way Fre Hydrant r4 Ott OMJ4.r0 at, I& ro/ Six Dollars/EA Words EA New Three Way Fire Hydrant To n/d ausa.aftur Dollars/EA Words 4INUED t. NIT PRICE ': TOT-; �C`oo�`� �bs12.t7v SO ($ 3O 1 (s2 0 ($_'39 °O 1 ($ 8/4 r 33 °` ($35°°) ($ ysso, so ($p)_) (s 7o tin5 so (sue—" (s 7,- 9 (s_ (55 (s 33 O = ($ l/Dlo) ($ (saw ($ 1a—)- FY042165 Wedington Drive Water & Sewer Section 00300-12 11 ;,r : EQUIVALENT SYSTEM BID SCHEDULE CONTINUED �•4u 1 x.'f.r 1, CSy _ 1tv. 4 a rb•( c. t'ITEM Va EST Yr! fi T a[I •.� x$31•}. ,y� , ,IY ���y i-� UNIT DESCRIPTION UNIT PRICE TOTAL` NUMBER 'QTY .'." • ES -12. 37 EA Single Meter Setting, Complete, ($ ($ 7G Including Pressure Reducer Setting and Plumbers Reconnection to Private Service Line c t //uag4eel? * £;b lDollars/EA ' Word ES -13. 5 EA Dual Meter Setting, Complete, Including ($ 567 T ($p&. %rsl'� Pressure Reducer Setting and Plumbers Reconnect to riv a Service Line F'✓P Ve.n.4f SeWA Dollars/EA Words ES -14. 2 EA 1 -Inch Meter Setting, Complete, ($_570 ) ($_//9000 Including Pressure Reducer Setting and Plumbers Reconnection to Private ' Service hLine //A✓( Mind/el See' Dollars/EA ords ES -I5. 7 EA Reconnect Ex)'sting Mejcr Setting ($ ($ ai 72f-er Suwdiid • S'adfA7/w AA0 Dollars/EA Words ES -16. 45 EA 8"xl" Saddle, 1" Corporation Stop and ($ ($ 4/SOr Tap / ' 614e ya to/fid Dollars/EA Words '• ES -17. 2 EA 8"x2" Saddle, 2" Corporation Stop and ($_ (s _53c2 3a2 ) Typ urtcffPci ' £.t4 ,SiX Dollars/EA Words ES -18. I EA 6"xl" Saddle, 1" Corporation Stop and ($_/372 ) ($_'<S/TO 'Tap d �✓J Dne� Thousa� �✓P/S/N /�'/'ITP7'POA Dollars/EA Words ao ea ' ES -19. 75 LF 24 -Inch Bored $tee! Ca sng ($_25! ) ($o2, 3 77 H4 f d/Pda Dollars/LF (/ Words 00 ' ES -20. 30 LF 24 -Inch Direct ury teel Casing ($_/60 (S9 VDU nn or- NaAdf i k�u Dollars/LF Words IFY042165 Wedington Drive Water & Sewer Section 00300-13 I I I I I I I I I I I I [A =TEM 11 ES ] 1MBER ' QT` a x IL \ ES -21. 364 ES -22. 283 ES -23. 75 ES -24. 25 ES -25. 1,089 ES -26. 599 ES -27. 3,400 ES -28. 1 ES -29. 11 UNIT: DESCRIPTION ;UNIT PRICI 1.- iY Au .y nP i` . 1 1 e p LF 16 -Inch Bored Steel Casing ($ _??c %wo t Tt.Y DollarsILF Word LF 16 -Inch Direct Bury Steel Casing ($ Dollars/LF wo 5 to LF 4 -Inch Bored Casing ($_015 1 men.4 FVe Dollars/LF Words LF 4 -Inch Direct Bury Casing ($ St i Dollars/LF rds 44 LF 2 -Inch Bored Casing ($ o?/ :. PfJv DollarsfLF W2 ords cO LF 2 -Inch Direct Bury Casing - ($ 7 * N,'410 Dollars/EF words D LB Ductile Iron Fittings ($ %� ) Se yen Dollars/LB Words ,..off EA 12"x12'Tapping Sleeve, 12" Tapping ($)J V Ive w/Box s.a4 Stz flan ts&o "/ A;VeNtteal/oJ T eAjyt? Dollars/EA orris EA 8"x8" Tapping Sleeve, 8" Tapping Valve ($_500b° w/Box / uv floa.tvna/ Dollars/EA Words ($ 07q° O ($o93�3r 1 (s a3, gDe'� 9 ($ SS oa ES -30. 4 EA 6"x6" Tapping Sleeve, 6" Tapping Valve ($_9&29 ) ($/I /(o f2 W/BOx /;arr T/couga,I ' /t Io A vn2'ed Tc.JvAu //6oilars/EA Words ' FY042165 Wedington Drive Water & Sewer Section 00300-14 v+` . EQIJIVAI ITEM " EST UNIT JMBER°QTY: ES -31. 1 EA ES -32. 837 LF ES -33. 15 LF ES -34. 70 LF ES -35. 247 LF ES -36. 325 LF ES -37. 74 LF ES -38. 20 LF ES -39. 12 EA ,V \ r.� � Z • 1 as � ` 'tx pti ,. DESCRIPTION I IT PRICE 4"x4" Tapping Sleeve, 4" rapping Valve ($ 7ff 4a w/Box 7o flousa td 5Nsti IA4den! Dollars/EA ordY 0 0 8 -Inch PVC Sewer Main, SDR-26 ($_________ fi'6i�ePA Dollars/LF Words 6 -Inch PVC Sewer Main, SDR-26 ($ 7 a',l, 1ve Dollars/LF Words 4 -Inch PVC Sewer Service, SDR-26, ($ Including Trenching and Backfilling Le/ye Dollars/LF Words �� Sewer Main Trenching and Backfilling, ($_/7a) $ /% ) 0-6 Feet Deep .SPV,PA tea- // Dollars/LF Words 0 Sewer Main Trenching and Backfilling, ($ /`s_-1 6-8 Feet Deep /!/iae Teen Doliars/LF Words ot Sewer Main Trenching and Backfilling 8- ($_aa , 10 Feet Deep 2CiFr1.71ii OrLt7l0 Dollars/LF Words Sewer Main Trenching and Backfilling (5_3 OY 10-12 Feet Deep Dollars/LF Words 4 Foot Diameter Standard Manhole, 0 ($ 05 0) Feet to 6 Feet Deep / ,C9ar7kou$a�d /I'Tfu Dollars/EA Words ($42,055) ($L375 OPT ($ ($ FY042165 Wedington Drive Water & Sewer Section 00300-15 if 1 , 3 • a Ids ;.L'x y «r ,f , ,\ y r • h ;r r 1EQUIVAL-ENT: SYSTEMBID SCHEDULE CONTINUED' : .. •. .•_:_cs$; cy 9{\ I A..f ITEM EST, t ' •'.,. , , Vi7MBER QTI' UNIT DESCRIPTION.,, UNIT PRICE TOTAL'; r 1 ES -40. I EA 4 Foot Diameter Drop Manhole, 0 Feet to ($ X117 CO ) ($ SO 6 Feet Deep Four Tlhoa.scuj Dollars/LA 'Words ES -41. 13 VF Extra Manhole Depth, Over 6 Feet Deep ($33O )T ($ %ker fiunot/iei Tiia D?ollars/VF Words ES -42. 6 EA Remove Existing Manho)e ($ 93a'o 7ag ($ Y 8 5eVert 1-IuM1d(tO T,.aeea G[o]. Dollars/LA ords or) ES -43. 4 EA Service Wy� on $-Inch,PVC ($ 9'5 ) ($ four j/44(1 ft Trig- e2 Dollars/EA Words ES -44. 2 EA 4 ch Manhole Tap forj($ 7/� ($ ervice even M4 (e oa Ls____R Dollars/LA Words ES -45. 840 LF TV Inspection ox Existing Sewer to be ($ 3��) ($2 9O Abandoned and/or Replaced 7 iee ano' t5 Dollars/LF Words o ES -46. 2 EA a Sewer Service 11Cleanout ($ ��y ($ t�` t Sik n%x ltL(J iourtee/IDollars/EA Words ES -47. 77 LF ��"" 20" " Direct Bury Steel Casing ($_1158' )) ($ /07 /' a Ote ll&r7 u 4 JI £$1Dollars/LF Word ES -48. 132 LF 18" Bored Steel Casing ($ 3DD j ($3 to co? 7Xt'ee ,i ,d a&S d/ Dollars/LF Words O ES 49. 54 LF X18" Direct Bury Steel Casing ($_�>�— ($ /1 el 3,k Dollars/LF LI Words e ems0O ES -50. 215 SY Asphalt Surface Restoration ($_5105._ ($ 9 "�— Ff % ii/eve Dollars/SY Words FY042165 Wedington Drive Water & Sewer Section 00300-16 ES -51. 195 ES -52. 15 ES -53. 16 ES -54. 550 ES -55. 15 ES -56. 15 ES -57. 4 ES -58. 1 lUIVALENT SYSTEMsBID SCHEDULE CONTINUE] UNIT DESCRIPTION , UNIT Pill SY Concrete Surface Restoration ($ S f Dollars/SY Wor SY Concrete Sidewalk Restoration ($ 7p 4") SeveA.� Dollars/SY ords LF Curb and Gutter Restoration ($ %2. Fou4Tizn Dollars/LF Wor TON Granular Fill ($ TvaPl%j P Dollars/TON Words cc TON Trench Stabilization Material ($_3? Dollars/TON 00 Words CY Flowable Fill % ($ _O _ n_ Otf u1t/ ,%IY Dollars/CY Words EA Protective Fencing For Trees ($ n2 00 - Lo A4,4^/ rcJ A4 y )ollars/EA Words LS Erosion Control I ($ , 96!) ci8tit Tot, rmd %u6 MAMl SitI gc3d-n0llsLs Wor ($ ($ ($8;5�1o8i TOTAL EQUIVALENT SYSTEM BID $ 934 3 6, 0 i DEDUCTIVE ALTERNATES Not used. BASIS OF AWARD The Bidder understands that the Contract will be awarded to the responsive, responsible bidder with the lowest Base Bid. FY042165 Wedington Drive Water & Sewer Section 00300-17 li 1 I MAJOR EQUIPMENT SCHEDULE Not used. PAYMENT SCHEDULE Not used. ' SUBCONTRACTORS The Bidder further certifies that proposals from the following subcontractors were used in the ' if preparation of this Bid; and if awarded a contract, Bidder agrees to not enter into contracts with others for these divisions of the Work without written approval from the Owner and Engineer. BORING SUBCONTRACTOR ' Arkansas Contractor License # L'ITR t?2_IY-IO&a 4 i CtCA; ona l Name ,' its t/IeUt( )aennn Pa. �.ac4eA\PyiIle -121O1 Street Address, City, State, Zfp Code AJ` IA SUBCONTRACTOR ' Arkansas Contractor License # ' Name Street Address, City, State, Zip Code PERFORMANCE OF WORK BY CONTRACTOR The Bidder shall perform at least 70 percent of the work with his own forces (refer to Paragraph 23, INSTRUCTIONS TO BIDDERS. Bids from so called "Brokerage Contractors" will not be ' considered.) List below the items that the Bidder will perform with his own forces, if awarded this Contract, and ' fill inn the blank showing the estimated total cost of these items. kcnv1L tch*V.. oxrpVliioh AC h)ri'M. L 1 ' FY042165 Wedington Drive Water & Sewer Section 00300-18 Estimated total cost of the above items the Bidder states that will be performed with his own forces; if awarded Contract: ' Cite (Y10 Three WwtdlteA 5eynt+ T ad Dollars ($ j .370+ 579 (Words) Five //ua e -e Se,/evt+yl NM1e 4a�1 EXPERIENCE OF BIDDER , The Bidder states that he is an experienced Contractor and has completed similar projects within the last 5 years. (List similar projects, with types, names of clients, construction costs, and references ' with telephone numbers. Use additional sheets if necessary.) SAP SP�L10Y�4C SY1�2�- I SURETY If the Bidder is awarded a construction Contract on this Bid, the Surety who provides the Performance and Payment Bond will be: &AJ N ntnSil: CAMc$ tLksvq taa& whose address is: ' 'A'2M Itnk of �n5as, Inc. IUn?S\ bpeYA, KS loft(' I2- 1831 Street, City, State, Zip, Code ' INSURANCE The Bidder acknowledges that he is familiar with the insurance requirements on this Project and, if awarded a construction contract, agrees to furnish the required insurance certificates within fifteen (15) days of the date the award is made. BIDDER ' The name of the Bidder submitting this Bid is: ' CVQSSkF ObDAYdO4OYS AM. doing business at: 33 S, F�s�- IRV , Po x 35D. lug 5 (oLo7 1 Street, City, State, Zip, Code which is the address to which all communications concerned with this Bid and with the Contract shall be sent. IFY042165 Wedington Drive Water & Sewer Section 00300-19 C1 The names of the principal officers of the corporation submitting this Bid, or of the partnership, or of all persons interested in this Bid as principals are as follows: I__ 11 __? nnit Cr s�1 vcS Ty-e&st ve.r ' V)arrell I \o Aor , Vdco Ns, IVan ('p ssi, d, zTr , !rvo+-a If Sole Proprietor or Partnership ' IN WITNESS hereto the undersigned has set his (its) hand this day of , 2005. ' Signature of Bidder I I I I I I I r I Title If Corporation IN WITNESS WHEREOF the undersigned corporation has caused this instrument to be executed and its seal affixed by its duly authorized officers this 2avAl y of I 200fr (SEAL) '✓Wc yctOYS i n� Name of Corpo a ' n Title YY Pi51 'lertk- Attest S cretary d FY042165 Wedington Drive Water & Sewer Section 00300-20 N- v r) o^ ale) v O N — If) LL C) O) V 7 N N w 7 c0 N 7 c0 U U C C >` Q) C N m m a C E a c U L C U 0) O O C y U 0 v) Q C O O m Ow OQ) d m C L c CUD. U) U m C J CU N y h > N C w U N C o C j5a m 00 Q w d co cco co Q N V co E N- >, C m — C a m o � U U �c o C Q w .2 U W a CU 0 O C U O rnC a) c m 0) C N Cu m y U 0 U c d C c E m o m C6 Lii a a) N W 0 o Q) Ctc Ca) O c m 3 LL E a o — c o a` Z Z = as o T ad)Lu U) U LL •o 0) c o w d2 o.® �U I THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond ' I KNOW ALL MEN BY THESE PRESENTS, THAT WE Crossland Heavy Contractors, Inc PO Box 350, Columbus, KS 66725 as Principal, hereinafter called the Principal, and Fidelity and Deposit Company of Maryland 1400 American Lane, Tower I. 19th Floor, Schaumburg IL 60196-1056 a corporation duly organized under the laws of the State of MD as Surety, hereinafter called the Surety, are held and firmly bound unto City of Fayetteville I. Fayetteville, AR as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 5% for the payment of which sum well and truly to be made, the said Principal and the said Surety; bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Wedinqton Drive (Arkansas Hwy 16) Water & Sewer Main Replacement MCE Project No. FY042165 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the ' penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. ' Signed and sealed this 23rd day of January 2006 I I L. J 'Ashley Rose I i tiavii3 and Deposit Company of Martha L. AIA DOCUMENT A310 • BID BOND O AIA 0 FEBRUARY 1970 ED. O THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 I 7 H Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the U. COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S aryland, by FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary, in pur ¢f granted by Article V1, Section 2, of the By -Laws of said Companies, which are set forth on tie. ha �f Mireby certified to be in full force and effect on the date hereof, does hereby nominaj,-�c�j1 kifrt�poit4taj1fttj'1LkERSON, Claudia J. ' NADEAU, S. Mark WILKERSON, Ashley Ro all of Topeka, Kansas, EACH its true and lawful agent and At r ak e eliver, for, and on its behalf as surety, and as its act and deed: any aan 1 Q® de ecution of such bonds or undertakings in pursuance of 'these presents, shall{ gWpon ally and amply, to all intents and purposes, as if they had been duly executed and officers of the Company at its office in Baltimore, Md., in their own proper persons. jf4� o orney revokes that issued on behalf of Stanley G. WILKERSON, Claudia J. NADEAU, S. Mark SON, Ashley Rose NELSON, Martha L. GILFILLAN, dated July 5, 2005. ' The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Companies, and is now in force. ' IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 6th day of December, A.D. 2005. '• ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY I L 1 1. I I I. I I I 0(9 Eric D. Barnes Assistant Secretary State of Maryland i ss: City of Baltimore J By: NJ Frank E. Martin Jr. Vice President On this 6th day of December, A:D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. rwurgr `H. pq l'Y IIN ",`v Maria D. Adamski Notary Public My Commission Expires: July 8, 2007 IP0A-F 076-0008 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior 1 Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or tc authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations' policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senioi Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident - Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or tc authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY, COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, 72rd this day of °�au-x�/ __ I /1/n- 1 As,ckfant Secretary I 1 [_1 NOTICE OF AWARD Crossland Heavy Contractors, Inc. PROJECT DESCRIPTION: Wedington Drive Water and Sewer Main Replacement, Fayetteville, The OWNER has considered the PROPOSAL submitted by you for the above described WORK in response to its ADVERTISEMENT FOR BIDS. You are hereby notified that your PROPOSAL has been accepted for the Wedington Drive Water and Sewer Main Replacement in Fayetteville, Arkansas in the amount of $1,591,426.20. You are required by the INSTRUCTIONS TO BIDDERS to execute the CONSTRUCTION CONTRACT in its entirety and furnish the required PERFORMANCE AND PAYMENT BOND and certificates of insurance within fifteen (15) calendar days from the date of this NOTICE OF If you fail to execute said Contract and to furnish said bonds within fifteen (15) days from the date of this NOTICE OF AWARD, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your PROPOSAL as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Dated this 8 th day of February, 2006. City of Fayetteville By: Receipt acknowledged this 15 day of SPA , 2006. Title: - n DOCUMENT 00500 CONTRACT THIS AGREEMENT, made and entered into on the 8th day of February, 2006, by and between Crossland Heavy Contractors, Inc., Columbus, KS herein called the Contractor, and the City of ' Fayetteville, Arkansas, Owner: WITNESSETH: ' That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the City of Fayetteville as follows: ' 1. That the Contractor shall furnish all the materials, and perform all of the work in manner and form as provided by the following enumerated Drawings, Specifications, and Documents, which are ' attached hereto and made a part hereof, as if fully contained herein and are entitled Wedington. Drive Water and Sewer Main Replacement, dated August, 2005. ' Advertisement for Bids Maintenance Bond Instructions to Bidders General Conditions Bid and acceptance thereof Supplemental Conditions Performance Bond Specifications Payment Bond Drawings (See Sheet Index below) I I J J I H SHFF.T TNDFX SHEET NO. SHEET DESCRIPTION 1 Cover 2 Index, Legend & Location Map 3-9 Wedington Drive Water Plan / Profile 10 Highway Crossing Cross Sections 11 Sewer Lines 1 and 3 12 Sewer Lines 2 and 4 13-14 Details 2. That the City of Fayetteville hereby agrees to pay to the Contractor for the faithful performance of this Agreement, subject to additions and deductions as provided in the Specifications or Bid, in lawful money of the United States, the amount of: One Million Five Hundred Ninety One Thousand, Four Hundred Twenty Six &20 /100 Dollars ($1,591,426.201 3. The Work will be completed and ready for final payment in accordance with the General Conditions within 180 calendar days after the date when the Contract Time commences to run, as provided in the Notice to Proceed. FY042165 Wedington Drive Water & Sewer Section 00500 - 1 I I I I I C I C C LJ II I I r C C I I 4. Liquidated Damages: The City of Fayetteville and Contractor recognize that time is of the essence of this Agreement and the City of Fayetteville will suffer financial loss if the Work is not completed within the times specified in above, plus any extensions thereof allowed in, accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by the City of Fayetteville if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City of Fayetteville and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay the City of Fayetteville Five Hundred Dollars (S500.00) for each day that expires after the time specified in Paragraph 3 for completion and readiness for final payment. That within 30 days of receipt of an approved payment request, the City of Fayetteville shall make partial payments to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor, LESS the retainage provided in the General Conditions, which is to be withheld by the City of Fayetteville until all work within a particular part has been performed strictly in accordance with this Agreement and until such work has been accepted by the City of Fayetteville. 6. That upon submission by the Contractor of evidence satisfactory to the City of Fayetteville that all payrolls, material bills, and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, final payment on account of this Agreement shall be made within 60 days after the completion by the Contractor of all work covered by this Agreement and the acceptance of such work by the City of Fayetteville. 7. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance and payment, the City of Fayetteville shall deem the Surety or Sureties upon such bond to be unsatisfactory or if, for any reason such bond ceases to be adequate to cover the performance of the"work, the Contractor shall, at his expense, within 5 days after the receipt of notice from the City of Fayetteville, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the City of Fayetteville. In such event, no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the City of Fayetteville. 8. No additional work or extras shall be done unless the same shall be duly authorized by appropriate action by the City of Fayetteville in writing. 9. 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 Arkansas Freedom of Information Act request is presented to the City of Fayetteville, (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. Seq.). Only Legally authorized photocopying cost pursuant to the FOIA may be assessed for this compliance. ' FY042165 Wedington Drive Water & Sewer Section 00500-2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above written, in three (3) counterparts, each of which shall, without proof or accounting for the other counterpart be deemed an original Contract. SEAL: WITNESSES: Lam'. Crossland Heavy Contractors, Inc. CONTRACTO By President Title CITY OF F TTEVIL , ARKANSAS ATTEST: OWNER By �C City lerk Mayor • SY o�•. ��._ ;FAYETTEVILLE; e -A FY042165 Wedington Drive Water & Sewer Section 00500-3 Document 00600-1 Construction Performance Bond Bond #08533461 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable CONTRACTOR (Name and Address): Crossland Heavy Contractors, Inc. PO. Box 350 Columbus, KS 66725 OWNER (Name and Address): City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 CONSTRUCTION CONTRACT Date: February 8, 2006 Amount: $1,591,426 20 Description (Name and Location): SURETY (Name and Principal Place of Business): Fidelity and Deposit Company of Maryland 1400 American Lane, Tower I, 19th Floor Schaumburg, IL 60196 ' Fayetteville Wedington Drive Water and Sewer Main Replacement BOND Date (Not earlier than Construction Contract Date): February 15, 2006 ' Amount $1,591,426.20 Modifications to this Bond Form: ' CONTRACTOR AS PRINCIPAL ' !, Company (Corp. Seal) Signature: ' Name and Title: ��� r Wet" de n>- ' CONTRACTOR AS PRINCIPAL Company (Corp. Seal) I Signature: Name and Title: SURETY Company a te:(Corp Seal) Fidelity and Deposit Company.��f Maryland c . Signature: Name and Tit! : Martha L. GifFllarii ./ Attorney-In-Facth SURETY Company Signature: Name and Title: (Corp Seal) EJCDC No. 1910-28A (1984 Edition) Prepared through the joint efforts of the Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated General Contractors of America, American Institute of Architects, American Subcontractors Association, and the Associated Specialty Contractors ' FY042165 Wedington Drive Water& Sewer Doc ID: 009703820006 Tvoe: LIE Recorded: 02/28/2006 at 02:19:28 PM Fee Amt: $8.00 Paoe I of 6 Washinaton County. AR Bette Stamos Circuit Clerk Fi1eB02740000701 1 IC I I E I I I I I I I I I L L L 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 is 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 Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such 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. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has 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 accordance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent 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 Construction Contract, arrange for a contract to be prepared 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 excess 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 forcompletion, 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 a practicable after the amount is determined, tender payment 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 Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delaycosts resultingfrom the Contractor's Default, and resulting 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 damages caused by delayed performance or non-performance 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 Construction 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, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competentjurisdiction in the location in which the Work or pan 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 occurs first. If the provisions of the 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. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. It. 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 requirements shall be deemed deleted herefrom and provisions conforming 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 Contractor 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, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all the Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform 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 Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. FY042165 Wedington Drive Water and Sewer 00600-1-2 I.. Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the Satep44aryland. by FRANK E. MARTIN JR., Vice President. and ERIC D. BARNES, Assistant Secretary, in purJajTc(cJ')AjJMt granted by Article VI, Section 2, of the By -Laws of said Companies, which are set forth on t rrss fterC an reby certified to be in full force and effect on the date hereof, does hereby nomnom1e. kERSON, Claudia J. NADEAU, S. Mark WILKERSON, Ashley Ro535 t , all of Topeka, Kansas, EACH its true and lawful agent and At� ak eeliver, for, and on its behalf as surety, and as its act and deed: any an I ® de �Nie ecuton of such bonds or undertakings in pursuance of these presents, shall gtdpon ully and amply, to all intents and purposes, as if they had been duly executed and aty�n ede ( LkI. tl a ected officers of the Company at its office in Baltimore, Md., in their own proper persons. o orney revokes that issued on behalf of Stanley G. WILKERSON, Claudia J. NADEAU, S. Mark SON, Ashley Rose NELSON, Martha L. GILFILLAN, dated July 5, 2005. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI. Section 2, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 6th day of December, A.D. 2005. I I [I I Li I n I I I ATTEST: '^p teofr` CItry O M�nV A1[t State of Maryland i ss: City of Baltimore 1 FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Lt Eric D. Barnes Assistant Secretary / By: Frank E. Martin Jr. Vice President On this 6th day of December, A.D. 2005, before the subscriber. a Notary Public of the State of Maryland, duly commissioned and qualified, came FRANK E. MARTIN JR.. Vice President. and ERIC D. BARNES,'tAssistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY 'AND SURETY COMPANY, to me personally known to be the individuals and officers described viii and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and'direction of the'said Co'rpo`rations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Maria D. Adamski Notary Public My Commission Expires: July 8, 2007 IPOA-F 076-0008 I EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND I "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specialty authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages.... and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages.... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore. or .hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, �? 5. this .15day of , 26� ' Axsi.st,mt Secretan I I Document 00600-2 Bond #08833461': Construction Payment Bond F Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. ' CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Crossland Heavy Contractors, Inc Fidelity and Deposit Company of Maryland PO. Box 350 1400 American Lane, Tower I, 19th Floor Columbus, KS 66725 Schaumburg, IL 60196 OWNER (Name and Address): City of Fayetteville 113 West Mountain ' Fayetteville, Arkansas 72701 CONSTRUCTION CONTRACT Date: February 8, 2006 ' Amount: $1,591,426.20 Description (Name and Location): Fayetteville Wedington Drive Water and Sewer Main Replacement BOND Date (Not earlier than Construction Contract Date): February 15, 2006 Amount: $1.591,426.20 Modifications to this Bond Form: ' CONTRACTOR AS PRINCIPAL SURETY Company (Corp. Seal) Company (Corp Seal) Fidelity and Deposit Company of Maryland 1• , ti4 j �e Signature: Signature C�tarl(LrLOT - Name and Title: Owner- Name and Title. artha L. Gilfidan d ' 'K X11 Attorney-In-Facrt:� 1' Preside.nk CONTRACTOR AS PRINCIPAL SURETY ' Company (Corp. Seal) Company (Corp Seal) t Signature: Signature: Name and Title: Name and Title: I I I EJCDC No. 1910-28B (1984 Edition) Prepared through the joint efforts of the Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated General Contractors of America. American Institute of Architects, American Subcontractors Association, and the Associated Specialty Contractors FY042165 Wedington Drive Water & Sewer Section 00600-2-1 I I I I I I I I I I 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 perfonnanceof the Construction Contract, which is incorporated 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 all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment 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 payment, 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 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 Contractor 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 notice 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 sufficient 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 performance 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 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 priority to use the funds for the completion of the Work. The Owner shall not be liable for payment of any costs or expenses of any Claimant 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 jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (I) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) occurs first. If the provisions of this paragraph are void or prohibited bylaw, 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 the 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 requirements shall be deemed deleted herefrom and provisions conforming 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. 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 equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation 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 Construction Contract, architectural and engineering services required for performance of the work of the Contractor and 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 signature page, including all the Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. ' 9. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. FY042165 Wedington Drive Water & Sewer 00600-2-2 I Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S K, aryland, by FRANK E. granted by Article VI, Section 2, of the By -Laws of said Companies, which are set forth on t is an reby certified to be in full force and effect on the date hereof, does hereby nomina t' t poipt� V Topeka, Kansas, Claudia J. NADEAU, S. Mark WILKERSON, Ashley Ito L all of Topeka, EACH its true and lawful agent and At o Id n- ak e eliver for, and on its behalf as surety, and as its act and deed: any and �1� � � eeution of such bonds or undertakings in pursuance of these presents, shall r ng pon ully and amply, to all intents and purposes, as if they had been duly executed and a n edge I e ected officers of the Company at its office in Baltimore, Md., in their own proper persons.1r dOatorney revokes that issued on behalf of Stanley G. WILKERSON, Claudia J. NADEAU, S. Mark SON, Ashley Rose NELSON, Martha L. GILFILLAN, dated July 5, 2005. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 6th day of December, A.D. 2005. I I I I I I I I I [1 ATTEST: '�D DfPpf(' f�=a1Lty� ` --v�° SEAL a BM i .� 7 4.,.n. ✓AJt� State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Eric D. Barnes Assistant Secretary By: Frank E. Martin Jr. Vice President On this 6th day of December, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES; Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN: CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described�iii,and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me:duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, d=that the -seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals end theirignatures'as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the.said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 9Jt&L4Zc D QOD,OI Maria D. Adanuki Notary Public My Commission Expires: July 8, 2007 IPOA-F 076-0008 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI. Section 2. The Chairman of the Board, or the President. or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements. deeds, and releases and assignments of judgements. decrees, mortgages and instruments in the nature of mortgages.... and to affix the seal of the Company thereto." CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do' further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, ' .this b - day of �r26/uL� y , 7ao� Assistant Secretary I I I Li I I I I I I I I • COVERAGES ra rt•1ffSi1 A_C_O.RQ,« CERTIFICATE OF LIABILITY INSURANCE 02/22121221MIDDNY) 06 PRODUCER THIS CERTIFICATE IS ISSUED AS A.MATTER OF INFORMATION IMA of Kansas, Inc. (Topeka) ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PO Box 1537 HOLDER. ALTER THIS CERTIFICATE DOES THE COVERAGE AFFORDED NOT AMEND, EXTEND OR BY THE POLICIES BELOW. Topeka, KS 66601-1537 785 232-2202 INSURERS AFFORDING COVERAGE INSURED City of Fayetteville 113 West Mountain Fayetteville, AR 72701 INSURER A: Zurich American Insurance INSURER B: INSURER C: INSURER D: INSURERE: I THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRDATE TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE 1MMIDDTYfl POLICY EXPIRATION DATE (MMIDD LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR TBD Contractor: Crossland Heavy Contractors, Inc. 02/15/06 04/30/06 EACH OCCURRENCE $1,000,000 X FIRE DAMAGE(Any one fee) $ MED EXP (My one person) $ PERSONAL 8ADV INJURY $ X OCP GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: POLICY JEa LOG PRODUCTS -COMP/OP AGG $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS N0NOWNED AUTOS COMBINED SINGLE LIMIT (Ea acdtlent) $ BODILY INJURY (Per person) BODILY INJURY (Per accident) $ PROPERTY OHMAGE (Per acddenl) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC AUTO ONLY: AGG $ $ EXCESS LIABILITY OCCUR CLNMS MADE DEDUCTIBLE RETENTION S EACH OCCURRENCE $ AGGREGATE $ $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATLL OTH- E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE $ E.L. DISEASE POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Fayetteville Wedington Drive Water & Sewer Main Replacement McClelland Consulting Engineers, Inc. are named as additional insured as respects Owners Contractors Protective Liability. CERTIFICATE HOLDER P I .nom City of Fayetteville 113 West Mountain Fayetteville, AR 72701 ACORD 25-S (7/97)1 of 2 #S2871721M287171 SHOULD ANYOF TH E ABOVE D ESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TOMAILSD_DAYSWRITTEN NOTICE TOTHE CERTIFICATE HOLDER NAM ED TOTHE LEFT. BUT FNLURE TO DOSOSHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE JRK O ACORD CORPORATION 1988 I I I H I I I I Li I LJ I I I 'J I [1 Client#: 11232 CROSHEA ' ACORDTM CERTIFICATE OF LIABILITY INSURANCE i OATEIMMlDD YYYY) !I 2! PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ACORDTM of Kansas, Inc. (Topeka) ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PO Box 1537 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 'Topeka, KS 66601-1537 785 232-2202 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Zurich American Insurance 16535 Crossland Heavy Contractors, Inc. INSURER B: American Guarantee & Liability 26247 ' PO Box 350; 833 S.E. Avenue INSURER C: The Insurance Co. of the State of PA 19429 Columbus, KS 66725 INGURERD: Athena Assurance Company 41769 INSURER E: ' COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DDtYY DATE MMIDOPYY LIMITS A GENERALLIABILITY GL0370703403 04/30/05 04/30106 EACH OCCURRENCE $1000000 X COMMERCIAL GENERAL LIABILITY PREa DAMAGE TO RENTED $300,000 ' CLAIMS MADE I xlOCCUR MED EXP (Anyone person) $10 000 X PD Ded:2,500 PERSONAL 8 ADV INJURY $1 000 000 GENERAL AGGREGATE s2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG s2000000 POLICY X JECCT X LOC • B AUTOMOBILE LIABILITY BAP370703303 04/30/05 . 04/30/06 COMBINED SINGLE LIMIT $1,000,000 X ANYAUTO (Eaaccidenl) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNEDAUTOS (Peraccitlenl) ' PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ' ANYAUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ C EXCESS/UMBRELLA LIABILITY 46056423 04/30/05 04130/06 EACH OCCURRENCE s5,000000 X I OCCUR CLAIMS MADE AGGREGATE s5,000,000 I___$ D DEDUCTIBLE Q106800816 04/30/05 04/30/06 Each Occ s$7,000,000 X RETENTION so Aggregate s$7,000,00 A WORKERS COMPENSATION AND WC370703602 04/30105 04130106 X WC LINT[ OTH- ' EMPLOYERSLIABILITY ANY PROPRIETORIPARTNERIEXECUTNE E.L. EACH ACCIDENT $1 ,000,000 OFFICERf.IEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $1000000 If yes. describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $1,000000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS 'RE: Fayetteville Wedington Drive Water & Sewer Main Replacement Certificate Holder and Engineer (McClelland Consulting Engineers, Inc.).are named as additional insureds (excludes professional liability) as respects General Liability and ' Auto Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION ' City of Fayetteville DATE THEREOF, THE ISSUING INSURERWILLRR9HPRRRRRMAILi%O DAYS WRITTEN 113 West Mountain NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,XXXR91M1flOOVA OOO(Jf1ACx Fayetteville, AR 72701 1FJPAARRRXWk76RTCRRRRXMflxRXXRxJI%%]$WxIPRRRRRl6RR0W(RRAJBRR0(0WO8L%X RRB lRR$PXWXtx AUTHORIZED REPRESENTATIVE .y. Y ACORD 25(2001/08)1 of 2 #S2871691M252159 JRK O ACORD CORPORATION 1988 I:1 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. II ACORD 25-S (2001108) 2 of 2 #S287169/M252159 L L C C rl I I I I .1 I H I H MAINTENANCE BOND BOND NUMBER 08833461 KNOW ALL MEN BY THESE PRESENTS, That we, Crossland Heavy Contractors, Inc. (hereinafter called the Principal), and Fidelity and Deposit Company of Maryland , a corporation (hereinafter call the Surety), are held and firmly bound unto the City of Fayetteville, Arkansas (hereinafter called the Obligee), in the full and just sum of $1,5e1,426.20Dollars, lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successsors and assigns, jointly and severally, firmly by these presents. WHEREAS, said Prinicipal has entered into a certain contract with the Obligee dated February a, 2006 Project: Fayetteville Wedington Drive Water and Sewer Main Replacement which contract has been or is about to be accepted. AND WHEREAS, specification and contract provided that should guarantee the project free from defects caused by faulty workmanship and materials for a period of two years after substantial completion, general wear and tear expected. NOW, THEREFORE, it the said project shall be free from defects of workmanship and materials, general wear and tear expected, for a period of two years after substanial completion, then this Q s. obligation shall be null and void; otherwise to remain in full force and effect. ;' t. Signed, sealed and delivered February 15.2006 r , 4_i Crossland e C ors Witness as to I (Seal) Principal M .k W, g, 3tA4 L Gilfillan, Maintenance Bond City of Fayetteville IPower of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. and the ' COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the Sl; cef( aryland, by FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary, in pur arc granted by Article VI. t}�er es hKre a�i reby certified to be in full force and effect on the date hereof, does hereby nomina f t po 9 epn �ERSON, Claudia J. Section 2, of the By -Laws of said Companies, which are set forth on ' NADEAU, S. Mark WILKERSON, Ashley Ro t4 all of Topeka, Kansas, EACH its true and lawful agent and Atj� eliver, for, and on its behalf as surety, and as its act and deed: any ansl 111 bY�®=er execution of such bonds or undertakings in pursuance of ' these presents, shall (t' ° '' g Pon atN ully and amply, to all intents and purposes, as if they had been duly executed and a�Jina etaed s az aI e ected officers of the Company at its office in Baltimore, Md., in their own proper persons. orney revokes that issued on behalf of Stanley G. WILKERSON, Claudia J. NADEAU, S. Mark SON, Ashley Rose NELSON, Martha L. GILFILLAN, dated July 5, 2005. ' The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 6th day of December, A.D. 2005. I Li L1 I I Ll L L n ATTEST: State of Maryland i ss: City of Baltimore J FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY fL Eric D. Barnes Assistant Secretary By: Frank E. Martin Jr. Vice President On this 6th day of December, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES;°Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN` CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described,�in%nd'who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me -duly -sworn, severally and each for himself deposeth and saith. that they are the said officers of the Companies aforesaid, andthat theseals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals a and.theiresignatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. CO %:. NI :1 fit, t;! '.Q w, n'11G Maria D. Adamski Notary Public My Commission Expires: July 8, 2007 ' POA-F 076-0008 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking. recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President. or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages.... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." .IN'TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this ' ` " day of ri c.c W' /i/ttv- 'i Assistant Secretary I I I 1 I C I H I I I [1 I H .1 H 7 STATE OF Arkansas COUNTY OF Washington CONTRACTORS AFFIDAVIT ' The undersigned, being duly sworn on oath, deposes and says that he is of I I I [TI I I [1 I I [1 C I [I I (Officer) the Contractor for Fayetteville (Company Name) Wedington Drive Water and Sewer Main Replacement, designated as Project, situated at Fayetteville. Arkansas, owned by the City of Fayetteville, Arkansas, and that all parties who have furnished labor, material, or both or any other items to the undersigned for use on the said work and all parties having contracts or sub -contracts with the undersigned for specific portion of said work have been paid in full with the following exception: The undersigned further states that there are no other contracts or obligations for labor or materials outstanding which were used in completing this Project. The undersigned makes this affidavit for the purpose of procuring from the Owner a final payment upon this Contract for all work completed in accordance with the Drawings and Specifications of the Owner. Signed this day of Subscribed and Sworn to before me this day of , 2005. Notary Public My commission expires the 2005. am Title Contractor day of ,20__ FY042165 Wedington Drive Water & Sewer NOTICE TO PROCEED TO: DATE: , 2005 PROJECT: City of Fayetteville, Wedington Drive Water and Sewer Main Replacement You are hereby notified to commence WORK in accordance with the Contract dated on or before , and you are to complete the work within 180 consecutive calendar days thereafter. The date of completion of all WORK is therefore ______________,20__ CITY OF FAYETTEVILLE, ARKANSAS Owner By ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by this the day of , 2005. By Title FY042165 Wedington Drive Water & Sewer Notice to Proceed I DOCUMENT 00700 GENERAL CONDITIONS TABLE OF CONTENT ARTICLE NUMBER AND TITLE PAGE NUMBER 1. AS APPROVED.................................................................................................................................1 2. AS SHOWN, AND AS INDICATED................................................................................................1 3. BIDDER.............................................................................................................................................1 4. CONTRACT......................................................................................................................................1 5. CONTRACT DOCUMENTS.............................................................................................................1 6. CONTRACTOR.................................................................................................................................1 7. DAYS................................................................................................................................................. 2 8. DRAWINGS.:....................................................................................................................................2 9. ENGINEER........................................................................................................................................2 10. NOTICE.............................................................................................................................................2 11. OR EQUAL........................................................................................................................................ 2 12. OWNER............................................................................................................................................. 2 13. PLANS (See Drawings).....................................................................................................................2 14. SPECIFICATIONS............................................................................................................................2 15. NOTICE TO PROCEED....................................................................................................................3 16. SUBSTANTIAL COMPLETION......................................................................................................3 17. WORK................................................................................................................................................ 3 18. INTENT OF CONTRACT DOCUMENTS.......................................................................................3 19. DISCREPANCIES AND OMISSIONS.............................................................................................3 20. ALTERATIONS - CHANGES IN WORK........................................................................................4 21. SUBSURFACE CONDITIONS FOUND DIFFERENT..................................................................4 22. VERIFICATION OF CONTRACT DOCUMENTS..........................................................................4 23. DOCUMENTS TO BE KEPT ON THE JOB SITE...........................................................................4 24. ADDITIONAL CONTRACT DOCUMENTS...................................................................................5 25. OWNERSHIP OF DRAWINGS........................................................................................................5 26. AUTHORITY OF THE ENGINEER.................................................................................................5 27. DUTIES AND RESPONSIBILITIES OF THE ENGINEER............................................................5 28. REJECTED MATERIAL...................................................................................................................6 29. UNNOTICED DEFECTS..................................................................................................................6 30. RIGHT TO RETAIN IMPERFECT WORK......................................................................................6 31. LINES AND GRADES......................................................................................................................6 32. SHOP DRAWING SUBMITTAL PROCEDURE.............................................................................7 33. ADDITIONAL DETAIL DRAWINGS AND INSTRUCTIONS......................................................8 34. INDEPENDENT CONTRACTOR.................................................................................................... 8 35. SUBCONTRACTING........................................................................................................................8 36. INSURANCE AND LIABILITY.......................................................................................................9 37. INDEMNITY...................................................................................................................................11 38. TAXES AND CHARGES................................................................................................................12 39. ORDINANCES, PERMITS, AND LICENSES...............................................................................12 40. SUPERINTENDENCE....................................................................................................................12 41. RECEPTION OF ENGINEER'S DIRECTIONS.............................................................................12 42. SANITATION..................................................................................................................................12 43. EMPLOYEES..................................................................................................................................12 44. PROJECT MEETINGS....................................................................................................................13 45. SAFETY...........................................................................................................................................13 46. CONTRACTOR'S TOOLS AND EQUIPMENT............................................................................13 47. PROTECTION OF WORK AND PROPERTY...............................................................................14 48. RESPONSIBILITY OF CONTRACTOR TO ACT IN EMERGENCY..........................................14 49. MATERIALS AND APPLIANCES................................................................................................14 50. BUY AMERICAN..............................................14 51. 51. CONTRACTORS' AND MANUFACTURERS' COMPLIANCE WITH STATE SAFETY, OSHA, AND OTHER CODE REQUIREMENTS...........................................................................15 1 1 .1 1 1 i 1 1 1 1 `I 1 1 1 1 1 1 I I I I I I I I I I I I 1 52. SUBSTITUTION OF MATERIALS............................::.:...............................................................15 53. TESTS, SAMPLES, AND INSPECTIONS.....................................................................................15 54. ROYALTIES AND PATENTS........................................................................................................15 55. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT ............................15 56. CORRECTION OF DEFECTIVE WORK......................................................................................16 57. BEGINNING OF THE WORK........................................................................................................16 58. SCHEDULES AND PROGRESS REPORTS..................................................................................16 59. PROSECUTION OF THE WORK..................................................................................................17 60. ASSIGNMENT................................................................................................................................17 61. OWNER'S RIGHT TO DO WORK.................................................................................................17 62. OWNER'S RIGHT TO TRANSFER EMPLOYMENT...................................................................18 63. OWNER'S RIGHT TO SUSPEND OR TERMINATE WORK......................................................18 64. DELAYS AND EXTENSION OF TIME........................................................................................19 65. LIQUIDATED DAMAGES.............................................................................................................20 66. OTHER CONTRACTS....................................................................................................................20 67. USE OF PREMISES........................................................................................................................21 68. SUBSTANTIAL COMPLETION DATE........................................................................................21 69. PERFORMANCE TESTING........................................................................................................... 21 70. OWNER'S USE OF PORTIONS OF THE WORK.........................................................................21 71. CUTTING AND PATCHING..........................................................................................................22 72. CLEANING UP...............................................................................................................................22 73. PAYMENT FOR CHANGE ORDERS............................................................................................22 74. PARTIAL PAYMENTS...................................................................................................................24 75. CLAIMS........................................................................................................................................... 25 76. NOTICE OF CLAIM FOR DELAY...........................................................26 77. 77. RELEASE OF LIENS OR CLAIMS...............................................................................................26 I ' DOCUMENT 00700 yr+� GENERAL CONDITIONS These General Conditions contain contractual -legal Articles which establish the requirements and conditions governing responsibility, policy, and procedures that apply during the construction and warranty period. This ' part of the Contract Documents is preprinted. Any modifications to the following Articles that are special to the Project under consideration will be made in the Supplementary Conditions. Requirements and conditions which have special significance to the Contract for the contemplated Work on this Project are as set forth in ' the remaining Sections of these Contract Documents. DEFINITIONS ' Wherever in the Contract Documents the following terms are used, the intent and meaning shall be interpreted as follows: 1. AS APPROVED The words "as approved", unless otherwise qualified, shall be understood to be followed by the words 1 "by the Engineer". 2. AS SHOWN, AND AS INDICATED The words "as shown" and "as indicated" shall be understood to be followed by the words "on the Drawings". I. 3. BIDDER The person or persons, partnership, firm, or corporation submitting a Bid for the Work contemplated. 1 4. CONTRACT The "Contract" is the written agreement covering the performance of the Work and the furnishing of labor, materials, incidental services, tools, and equipment in the construction of the Work. It includes supplemental agreements amending or extending the Work contemplated and which may be required to complete the Work in a substantial and acceptable manner. Supplemental agreements are written I. agreements covering alterations, amendments, or extensions to the Contract and include Contract Change Orders. ' 5. CONTRACT DOCUMENTS The "Contract Documents" consist of the Bidding Requirements, Contract forms, Conditions of the Contract, the Specifications, and the Drawings, including all modifications thereof, incorporated into ' the Documents before their execution, and including all other requirements incorporated by specific reference thereto. These form the Contract. ' 6. CONTRACTOR The person or persons, partnership, firm, or corporation who enters into the Contract awarded him by the Owner. FY042165 Wedington Drive Water & Sewer DOCUMENT 00700 - 1 I 7. DAYS ' Unless otherwise specifically stated, the term "days" will be understood to mean calendar days. 8. DRAWINGS The term "Drawings" refers to the official Drawings, profiles, cross sections, elevations, details, and 1 other working drawings and supplementary drawings, or reproductions thereof, sealed by the Engineer, which show the location, character, dimensions, and details of the Work to be performed. Drawings may either be bound in the same book as the Project Manual or bound separately and are a part of the Contract Documents, regardless of the method of binding. 9. ENGINEER The person or organization identified as such in the Contract. The term "Engineer" means the Engineer or his authorized representative. 10. NOTICE The term "notice" or the requirement to notify, as used in the Contract Documents or applicable state or federal statutes, shall signify a written communication delivered in person or by certified or registered mail to the individual, or to a member of the firm, or to an officer of the corporation for whom it is intended. Certified or registered mail shall be addressed to the last business address known to him who gives the notice. 11. OR EQUAL The term "or equal" shall be understood to indicate that the "equal" product is the same or better than I the product named in function, performance, reliability, quality, and general configuration. Determination of equality in reference to the Project design requirements will be made by the Engineer. Such "equal" products shall not be purchased or installed by the Contractor without the Engineer's written approval. 12. OWNER The person, organization, or public body identified as such in the Contract. 13. PLANS (See Drawings). 1 14. SPECIFICATIONS Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. Where standard specifications, such as those of ASTM, AASHTO, etc., have been referred to, the applicable portions of such standard specifications shall become a part of these Contract Documents. Where portions of the Work traverse or cross federal, state, county, or local highways, roads, streets, or ' railroads, and the agency in control of such property has established standard specifications governing items of Work that differ from these Specifications, the most stringent requirements shall apply. The Contractor shall comply with all regulations and requirements of the State Highway Department and the City and County Road Departments wherever the Work traverses or crosses state, city, or county roads. FY042165 Wcdington Drive Water & Sewer DOCUMENT 00700 -2 ' I 15. NOTICE TO PROCEED IA written notice given by the Owner to the Contractor (with a copy to the Engineer) fixing the date on which the Contract time will commence to run and on which the Contractor shall start to perform his obligation under the Contract. The Notice to Proceed shall be given within 30 days following execution of the Contract by the Owner. 16.. SUBSTANTIAL COMPLETION ' "Substantial completion" shall be that degree of completion of the Project, or a defined portion of the Project, sufficient to provide the Owner, at his discretion, the full-time use of the Project or defined portion of the Project for the purposes for which it was intended. 1 Such substantial completion shall not relieve the Contractor from liquidated damages should the Owner have added costs after the completion date, i.e., if additional construction observation, interest paid, loss of revenue, or other expenses continue to be charged to the Owner. ' 17. WORK The word "Work" within these Contract Documents shall include all material, labor, and tools; all appliances, machinery, transportation, and appurtenances necessary to perform and complete the • Contract; and such additional items not specifically indicated or described which can be reasonably inferred as belonging to the item described or indicated and as required by good practice to provide a 1 complete and satisfactory system or structure. As used herein, "provide" shall be understood to mean "provide complete in place", that is, "furnish and install". ' CONTRACT DOCUMENTS 18. INTENT OF CONTRACT DOCUMENTS The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. The intent of the Documents is to include all Work (except specific items to be furnished by the Owner) necessary for completion of the Contract. Materials or Work described in woods which so applied have a well-known technical and trade meaning shall be held to refer to such recognized standards. 19. DISCREPANCIES AND OMISSIONS Any discrepancies or omissions found in the Contract Documents shall be reported to the Engineer immediately. The Engineer will clarify discrepancies or omissions, in writing, within a reasonable time. In resolving inconsistencies among two or more Sections of the Contract Documents, precedence shall be given in the following order: 1. CONTRACT 2. SUPPLEMENTARY CONDITIONS 3. SPECIFICATIONS 4. INSTRUCTIONS TO BIDDERS 5. GENERAL CONDITIONS 6. DRAWINGS 1 FY142165 Wedington Drive Water & Sewer DOCUMENT 00700 - 3 U Figure dimensions on Drawings shall take precedence over scale dimensions. Detailed Drawings shall take precedence over general Drawings. It is understood and agreed that the Work shall be performed and completed according to the true spirit, meaning, and intent of these Documents. 20. ALTERATIONS - CHANGES IN WORK The Owner, without notice to the Sureties and without invalidating the Contract, may order changes in ' the Work within the general scope of the Contract by altering, adding to, or deducting from the Work, the Contract being adjusted accordingly. All such Work shall be executed under the conditions of the original Contract, except as specifically adjusted at the time of ordering such change. In giving instructions, the Engineer may order minor changes in the Work not involving extra cost and not inconsistent with the purposes of the Project, but otherwise, except in an emergency endangering life or property, additions or deductions from the Work shall be performed only in pursuance of an approved Change Order from the Owner, signed or countersigned by the Engineer, or a Change Order from the Engineer stating that the Owner has authorized the deduction, addition, or change, and no claim for additional payment shall be valid unless so ordered. I If the Work is reduced by alterations, such action shall not constitute a claim for damages based on loss of anticipated profits. 21. SUB -SURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter sub -surface and/or latent conditions at the site materially differing from those shown on the Drawings or indicated in the Specifications, the Contractor shall immediately give notice to the Engineer of such conditions before they are disturbed. The Engineer will thereupon promptly investigate the conditions, and if the Engineer finds that they materially differ from those shown on the Drawings or indicated in the Specifications, the Engineer will at once make such changes in the Drawings and/or the Specifications as he may find necessary. Any increase or decrease of cost resulting from such changes to be adjusted in the manner provided in the Paragraph titled "Changes in ' Work." 22. VERIFICATION OF CONTRACT DOCUMENTS The Contractor shall thoroughly examine and become familiar with all of the various parts of these I Contract Documents and determine the nature and location of the Work, the general and local conditions and all other matters which can in any way affect the Work under this Contract. Failure to make an examination necessary for this determination shall not release the Contractor from the obligations of this Contract. The Contractor warrants that no verbal agreement or conversation with any officer, agent, or employee of the Owner or with the Engineer either before or after the execution of this Contract, has affected or modified any of the terms or obligations herein contained. 23. DOCUMENTS TO BE KEPT ON THE JOB SITE The Contractor shall keep one copy of the Contract Documents on the job site, in good order, available 1 to the Engineer and to his representatives. The Contractor shall maintain on a daily basis at the job site, and make available to the Engineer on , request, one current record set of the Drawings which have been accurately marked up to indicate all modifications in the completed Work that differ from the design information shown on the Drawings. Upon substantial completion of the Work, the Contractor shall give the Engineer one complete set of marked up record Drawings. [Ti FY042165 Wedington Drive Water & Sewer DOCUMENT 00700 - 4 1 n Failure of the Contractor'to submit accurate Record Drawings to the Engineer will be adequate justification for postponement of the Final Inspection. and Final Payment. 24. ADDITIONAL CONTRACT DOCUMENTS The Engineer will furnish to the Contractor on request and free of charge, three copies of the Project ' Manual and three sets of full-size Drawings. Additional copies of the Project Manual and the Drawings may be obtained on request by paying the price as shown in the Invitation to Bid for the Contract Documents. 1 25. OWNERSHIP OF DRAWINGS All Drawings, Plans, Specifications, and copies thereof furnished by the Engineer and the Owner are their property. They are not to be used on other work and, with the exception of the signed Contract set, are to be returned to them on request at the completion of the Work. Any reuse of these materials without specific written verification or adaptation by the Engineer and the Owner will be at the risk of ' the user and without liability or legal expense to the Engineer and the Owner. Such user shall hold the Engineer and the Owner harmless from any and all damages, including ' reasonable attorneys' fees, from any and all claims arising from any such reuse. Any such verification and adaptation by the. Engineer and the Owner will entitle the Engineer to further compensation at rates to be agreed upon by the user, the Engineer and the Owner. All models are the property of the Owner. THE ENGINEER ' 26. AUTHORITY OF THE ENGINEER The Engineer shall be the Owner's representative during the construction period. His authority and ' responsibility shall be limited to the provisions set forth in these Contract Documents. The Engineer shall have the authority to reject Work and material which does not conform to the Contract Documents. However, neither the Engineers authority to act under this provision, nor any decision made by him in good faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the Engineer to the Contractor, any Subcontractor, their respective Sureties, any of their agents or employees, or any other person performing any of the Work. L I I I I 27 DUTIES AND RESPONSIBILITIES OF THE ENGINEER The Engineer will make periodic visits to the site of the Project to observe the progress and quality of the Work and to determine, in general, if the Work is proceeding in accordance with the intent of the Contract Documents. He shall not be required to make comprehensive or continuous inspections to check quality or quantity of the Work, and he shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work. Visits and observations made by the Engineer shall not relieve the Contractor of his obligation to conduct comprehensive inspections of the Work and to furnish materials and perform acceptable Work, and to provide adequate safety precautions, in conformance with the intent of the Contract. The Engineer will make decisions, in writing, on all claims of the Owner or the Contractor arising from interpretation or execution of the Contract Documents. Such decision shall be necessary before the Contractor can receive additional money under the terms of the Contract. Changes in Work ordered by the Engineer will be made in compliance with the Article titled, ALTERATIONS - CHANGES IN WORK. FY042165 Wedington Drive Water & Sewer DOCUMENT 00700-5 I One or more construction observers may be assigned to observe the Work for compliance with the Contract Documents and to act in matters of construction under this Contract. It is understood that such construction observers shall have the power to issue instructions and make decisions within the limitations of the authority of the Engineer. The Contractor shall furnish all reasonable assistance required by the Engineer or construction observer for proper review of the Work. Construction observers shall not have the power or authority to delete, increase, modify or otherwise change the requirements of the Contract Documents. The above -mentioned observation shall not relieve the Contractor of his obligations to conduct comprehensive inspections of the Work and to furnish materials and perform acceptable Work and to provide adequate safety precautions, in conformance with the intent of the Contract. 28. REJECTED MATERIAL Any material condemned or rejected by the Engineer or his authorized construction observer because of nonconformity with the Contract Documents shall be removed at once from the vicinity of the Work by the Contractor at his own expense, and the same shall not be used on the Work. 29. UNNOTICED DEFECTS Any defective Work or material that may be discovered by the Engineer during construction or before ' the final acceptance of Work, or before final payment has been made, or during the guarantee period, shall be removed and replaced by Work and materials which shall conform to the provisions of the Contract Documents. Failure on the part of the Engineer to condemn or reject bad or inferior Work or materials shall not be construed to imply acceptance of such Work or materials. The Owner shall reserve and retain all of its rights and remedies at law against the Contractor and its surety for correction of any and all latent defects discovered after the guarantee period. ' 30. RIGHT TO RETAIN IMPERFECT WORK If any part or portion of the Work done or material furnished under this Contract shall prove defective ' and not in accordance with the Drawings and Specifications, and if the imperfection in the same shall not be of sufficient magnitude or importance as to make the Work dangerous or unsuitable, or if the removal of such Work will create conditions which are dangerous or undesirable, the Owner shall have the right and authority to retain such Work but shall make such deductions in the final payment therefore as maybe just and reasonable. The Owner shall also have the option to require, at no added cost to the Owner, extended warranties, maintenance bonds, or other remedies to provide for repair or reconstruction of imperfect Work. 31. LINES AND GRADES The Contractor shall stake -out Work for this Contract and set the lines and grades necessary to complete the Work and shall keep the Engineer informed a reasonable time in advance of the times and places at which he wishes to do Work in order that the Engineer may review the lines and grades set by the Contractor and in order that the Engineer may make the necessary measurements for payment to the Contractor. All stakes, marks, and other information shall be carefully preserved by the Contractor, and in case of their careless or unnecessary destruction or removal by him or his ' employees, such stakes, marks, and other information will be replaced at the Contractor's expense. Figured dimensions, when given in the Drawings, shall be accurately followed, even though they may differ from scaled measurements. No Work shown on the Drawings, the dimensions of which are not figured, shall be executed until instructions have been obtained from the Engineers as to the dimen- sions to be used. Large-scale and full-size drawings shall be followed in preference to small-scale drawings. The Engineer will provide the Contractor with bench marks to be used to establish grades FY042165 Wedington Drive Water & Sewer DOCUMENT 00700 - 6 ' I and will also provide a baseline to be used to establish the proper lines. All Work done under this Contract shall be done to the lines and grades shown on the Drawings. The Contractor shall stake -out Work for this Contract and set the lines and grades necessary to complete the Work and shall keep the Engineer informed a reasonable time in advance of the times and places at which he wishes to do Work in order that the Engineer may review the lines and grades set by the Contractor and in order that ' the Engineer may make the necessary measurements for payment to the Contractor. The Contractor shall furnish without charge competent persons from his force and such tools, stakes, surveying instruments, and other materials as the Engineer may require for reviewing the Contractor's ' stake -out of the Work and in making measurements for payment estimates or for surveys to establish temporary or permanent reference marks in connection with said Work. 1 Any Work done without lines, grades, and levels being reviewed by the Engineer, or other representative of the Engineer, may be ordered removed and replaced at the Contractor's cost and expense. The Contractor shall carefully preserve all monuments, bench marks, reference points, and stakes, and in case of willful or careless destruction of the same, he will be charged with the resulting I expense of replacement and shall be responsible for any mistakes or loss of time that may be caused by their unnecessary loss or disturbance. In the event that the stakes and marks placed by the Engineer are destroyed through carelessness on the part of the Contractor, and that the destruction of these stakes and marks causes a delay in the Work, the Contractor shall have no claim for damages or extensions of time. In the case of any permanent monuments or bench marks which must of necessity be removed or disturbed in the construction of the Work, the Contractor shall carefully protect and preserve the same until they can be properly referenced and relocated. The Contractor shall also furnish at his own expense such materials and assistance as are necessary for the proper replacement of monuments or ' bench marks that have been moved or destroyed. 32. SHOP DRAWING SUBMITTAL PROCEDURE The Contractor shall submit a sufficient number of copies to allow the Engineer to retain four copies (2 for himself; 2 for the Owner) for review, such shop drawings, electrical diagrams, and catalog cuts for fabricated items and manufactured items (including mechanical and electrical equipment) required for construction, except as noted below. Should the Contractor fail to submit acceptable shop drawings on the second submittal, one copy will ' be returned to him and the cost of the Engineer's time to review subsequent submittals on the unacceptable item will be deducted from the Contractor's monthly payment invoice. Shop drawings shall be submitted in sufficient time to allow the Engineer not less than 20 regular working days per submittal for examining the shop drawings. These shop drawings shall be accurate, distinct, and complete and shall contain all required information, including satisfactory identification of items, units, and assemblies in relation to the Contract Drawings and Specifications. Unless otherwise approved by the Engineer, shop drawings shall be submitted only by the Contractor, who shall indicate by a signed stamp on the shop drawings, or other approved means, that he (the Contractor) has checked the shop drawings, and that the Work shown is in accordance with Contract requirements and has been checked for dimensions and relationship with Work of all other trades involved. The practice of submitting incomplete or unchecked shop drawings for the Engineer to correct or finish will not be acceptable, and shop drawings which, in the opinion of the Engineer, clearly indicate that FY042165 Wedington Drive Water & Sewer DOCUMENT 00700 - 7 L they have not been checked by the Contractor will be considered as not complying with the intent of the Contract Documents and will be returned to the Contractor for resubmission in the proper form. When the shop drawings have been reviewed by the Engineer, two (2) sets of submittals will be , returned to the Contractor appropriately stamped. If major changes or corrections are necessary, the shop drawing may be rejected and one (1) set will be returned to the Contractor with such changes or corrections indicated, and the Contractor shall correct and resubmit the shop drawings in quadruplicate, unless otherwise directed by the Engineer. No changes shall be made by the Contractor to resubmitted shop drawings other than those changes indicated by the Engineer, unless such changes are clearly described in a letter accompanying the resubmitted shop drawings. The review of such shop drawings and catalog cuts by the Engineer shall not relieve the Contractor from responsibility for correctness of dimensions, fabrication details, and space requirements or for deviations from the Contract Drawings or Specifications unless the Contractor has called attention to such deviations in writing by a letter accompanying the shop drawings and the Engineer approves the change or deviation in writing at the time of submission; nor shall review by the Engineer relieve the Contractor from the responsibility for errors in the shop drawings. When the Contractor does call such deviations to the attention of the Engineer, the Contractor shall state in his letter whether or not such deviations involve any deduction or extra cost adjustment. 33. ADDITIONAL DETAIL DRAWINGS AND INSTRUCTIONS , The Engineer will furnish, with reasonable promptness, additional instructions by means of drawings , or otherwise, if, in the Engineer's opinion, such are required for the proper execution of the Work. All such drawings and instructions will be consistent with the Contract Documents, true developments thereof, and reasonably inferable therefrom. THE CONTRACTOR AND HIS EMPLOYEES 1 34. INDEPENDENT CONTRACTOR The Contractor shall perform all Work under this Contract as an Independent Contractor and shall not be considered as an agent of tthe Owner or of the Engineer, nor shall the Contractor's subcontractors or employees be subagents of the Owner or of the Engineer. ' The Contractor shall employee only employees who are competent and skillful in their respective line of work, and local labor shall be given preference. Whenever the Engineer or the Owner notify the Contractor that any person on this work is, in their opinion, incompetent, disorderly, or refuses to carry out the provisions of this Contract, or uses threatening or abusive language to any person representing the Owner on the work or is otherwise unsatisfactory, such person shall be immediately discharged from the Project and shall not be re-employed thereon except with the consent of the Engineer by the Owner. 35. SUBCONTRACTING ' Within 30 days after the execution of the Contract, the Contractor shall submit to the Engineer the names of all subcontractors proposed for the Work, including the names of any subcontractors that were submitted with the Bid. The Contractor shall not employ any subcontractors that the Engineer may object to as lacking capability to properly perform Work of the type and scope anticipated. No changes will be allowed from the approved subcontractor list without written approval of the Engineer. 1 FY042165 Wedington Drive Water & Sewer DOCUMENT 00700- 8 , I ' The Contractor agrees that he is as fully responsible to the Owner for the acts and omissions of his subcontractors and of persons either directly or indirectly' employed by them as he is for the acts and omissions of persons directly employed by him. Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the Owner. 36. INSURANCE AND LIABILITY A. GENERAL The Contractor shall provide (from insurance companies acceptable to the Owner) the insurance coverage designated hereinafter and pay all costs. Before execution of the Contract, Contractor shall furnish the Owner with complete copies of all certificates of insurance specified herein showing the type, amount, class of operations I covered, effective dates, and date of expiration of policies. Each certificate shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least thirty days prior written notice has been given to the Owner. In case of the breach of any provision of this Article, the Owner, at his option, may take out and maintain, at the expense of the Contractor, such insurance as the Owner may deem proper and may deduct the cost of such insurance from any monies which maybe due or become due the Contractor under this Contract. All insurance contracts and certificates shall be executed by a licensed agent of the insurance ' company, and in all ways complying with the insurance laws of the State of Arkansas. Further, the said insurance company shall be duly licensed and qualified to do business in the State of Arkansas. B. CONTRACTOR AND SUBCONTRACTOR INSURANCE The Contractor shall not execute the Contract or commence Work under this Contract until he t has obtained all the insurance required hereunder and such insurance has been reviewed and approved by the Owner, nor shall the Contractor allow any subcontractor to commence Work on his subcontract until insurance specified below has been obtained. Review of the insurance by the Owner shall not relieve or decrease the liability of the Contractor hereunder. C. COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE The Contractor shall maintain during the life of this Contract the statutory Workmen's Compensation, in addition, Employer's Liability Insurance in an amount not less than $100,000 for each occurrence, for all of his employees to be engaged in Work on the Project under this Contract and, in case any such Work is sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Compensation and Employer's Liability Insurance for all of the latter's employees to be engaged in such Work. Where Work under this Contract includes any water or navigational exposure, coverage shall be included to cover the Federal Longshoremen's and Harborworker's Act and the Federal Jones Act when applicable. Employer's Liability Insurance shall be extended to include waiver of subrogation to the Owner. ID. GENERAL LIABILITY INSURANCE The Contractor shall maintain during the life of this Contract such independent contractor's general liability, completed operations and products liability, and automobile liability insurance FY042165 Wedington Drive Water & Sewer - DOCUMENT 00700 - 9 as will provide coverage for claims for damages for personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from performance of the Work under this Contract. The general liability policy should also specifically ensure the contractual liability assumed by the Contractor under Article 37, INDEMNITY. Coverage for property damage shall be on a "broad form" basis with no exclusions for "X, C, , and U." The certificate of insurance shall explicitly waive X, C, and U exclusions. Amount of insurance to be provided shall be as shown below: 1) Contractor's Comprehensive General Liability Insurance General Aggregate: Not less than $2,000,000 Completed Operations Aggregate: Not less than $2,000,000 Each Occurrence of Personal Injury or Property Damage: Not less than $1,000,000 Combined Single Limit 2) Contractor's Comprehensive Automobile Liability Insurance I Shall include Personal Injury and Property Damage coverage for "Any Auto", "Hired Autos", and "Non -Owned Auto" at a Combined Single Limit of not less than $1,000,000. 3) Contractor's Excess Umbrella Policy: $2,000,000 limit of liability policy shall be ' provided. In the event any Work under this Contract is performed by a subcontractor, the Contractor shall ' be responsible for any liability directly or indirectly arising out of the Work performed under this Contract by a subcontractor, which liability is not covered by the subcontractor's insurance. The Contractor's and any subcontractor's general liability and automobile liability insurance policies shall include the Owner and Engineer, their officers, agents, and employees as additional insureds for any claims arising out of Work performed under this Contract. Certificates of insurance shall explicitly name the Owner and Engineer as additional insureds. Inclusion of either party as "certificate holder" does not meet this requirement. E. BUILDER'S RISK INSURANCE ' Unless otherwise modified in the Supplementary Conditions, the Contractor shall secure and maintain during the life of this Contract, builder's risk insurance upon the Work at the site in the amount of the full replacement cost thereof. This insurance shall: 1) Include the interests of the Contractor, subcontractors, and the Owner as such interests ' may appear; 2) Be written on a Builder's 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 facilities, falsework, and Work in transit. The policy shall insure against at least the following perils: fire, lightning, theft, vandalism and malicious mischief, earthquake, collapse, debris removal occasioned by enforcement of Laws and Regulations, water damage, and other such perils as may be specifically required by the Supplementary Conditions or Basic Requirements; 3) Include expenses incurred in the repair, replacement, redesign, or reinspection of any insured property; and FY042165 Wedington Drive Water & Sewer DOCUMENT 00700- 10 I 4) Cover materials and equipment stored at the site, or at another location that was agreed to in writing by. the Owner, prior to being incorporated in the Work. ' F. OWNER'S AND CONTRACTOR'S PROTECTIVE LIABILITY INSURANCE (OCP INSURANCE) The Contractor shall, at his expense, provide the Owner with a separate OCP Insurance Policy naming the Owner as the Insured and the Engineer as Additional Insured under that policy, said policy to protect said parties from claims which may arise from operations under the Contract. It is understood that the coverage shall apply to all authorized representatives of the said parties. The limits of policy coverage shall be: Ii) General Aggregate: Not less than $2,000,000 2) Each Occurrence of Personal Injury or Property Damage: Not less than $1,000,000 Combined Single Limit IG. INSURANCE COVERAGE FOR SPECIAL CONDITIONS When the construction is to be accomplished within a public or private right-of-way requiring special insurance coverage, the Contractor shall conform to the particular requirements and provide the required insurance. The Contractor shall include in his liability policy all endorsements that the said authority may require for the protection of the authority, its officers, agents, and employees. Insurance coverage for special conditions, when required, shall be provided as set forth in the Supplementary Conditions. ' H. NO PERSONAL LIABILITY OF PUBLIC OFFICIALS In carrying out any of the provisions hereof in exercising any authority granted by the Contract, ' there will be no personal liability upon any public official. 37. INDEMNITY ' The Contractor shall indemnify and hold harmless the Owner, the Engineer, and their agents and employees from and against damages, losses, and expenses including attorneys' fees, up to the amount of the Contract price, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury or to destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (2) is caused in whole or in part by any act or omission of the Contractor, any ' subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, provided that such claims, damages, losses, and expenses are not approximately caused by the negligence of any indemnity in the design, or by the sole negligence of any indemnity in the inspection of the Work that is the subject of this construction Contract. In any and all claims against the Owner, the Engineer, or any of their agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them ' or anyone for whose acts any of them may be liable, the indemnification obligation under this Article shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any subcontractor under Workmen's Compensation Acts, Disability Benefit Acts, or other Employee Benefit Acts. I FY042165 Wedington Drive Water & Sewer DOCUMENT 00700-11 I 38. TAXES AND CHARGES The Contractor shall withhold and pay any and all sales and use taxes, including any and all charge of taxes thereof, and all withholding taxes, whether state or federal, and pay all Social Security charges and also all State Unemployment Compensation charges, and pay or cause to be withheld, as the case may be, any and all taxes, charges, or fees or sums whatsoever, which are now or may hereafter be required to be paid or withheld under any laws. 39. ORDINANCES, PERMITS, AND LICENSES The Contractor shall keep himself fully informed of all local ordinances, as well as state and federal r laws, which in any manner affect the Work herein specified. The Contractor shall at all times comply with said ordinances, laws, and regulations, and protect and indemnify the Owner, the Engineer and their respective employees, and its officers and agents against any claim or liability arising from or based on the violation of any such laws, ordinances, or regulations up to the amount of the Contract Price. All permits, licenses, and inspection fees necessary for prosecution and completion of the Work shall be secured and paid for by the Contractor, unless otherwise specified. ' The Contractor shall observe and comply with all applicable local, state, and federal occupational safety and health regulations during the prosecution of Work under this Contract. In addition, full compliance by the Contractor with the U. S. Department of Labor's Occupational Safety and Health Standards, as established in Public Law 91-596, will be required under the terms of this Contract. 40. SUPERINTENDENCE , The Contractor shall keep on the Work, during its progress, competent supervisory personnel. The Contractor shall designate, in writing, before starting Work, one authorized representative who shall have complete authority to represent and to act for the Contractor. The Contractor shall give efficient supervision to the Work, using his best skill and attention. The Contractor shall be solely responsible for all construction means, methods, techniques, and procedures, and for providing adequate safety precautions and coordinating all portions of the Work under the Contract. It is specifically understood and agreed that the Engineer, its employees and agents, shall not have control or charge of and shall not be responsible for the construction means, methods, techniques, procedures, or for providing adequate safety precautions in connection with the Work under the Contract. 41. RECEPTION OF ENGINEER'S DIRECTIONS The superintendent, or other duly authorized representative of the Contractor, shall represent the Contractor in all directions given to him by the Engineer. Such directions of major importance will be confirmed in writing. Any direction will be so confirmed, in each case, on written request from the Contractor. 42. SANITATION Sanitary conveniences conforming to state and local codes shall be erected and maintained by the ' Contractor at all times while workers are employed on the Work. The sanitary convenience facilities shall be as approved by the Engineer. 43. EMPLOYEES The Contractor shall employ only men or women who are competent and skillful in their respective line of work. Whenever the Engineer or Owner shall notify the Contractor that any person on the Work is, in their opinion, incompetent, unfaithful, or disorderly or refuses to carry out the provisions of this Contract or uses threatening or abusive language to any person representing the Owner on the FY042165 Wedington Drive Water & Sewer DOCUMENT 00700 - 12 , I Work, or is otherwise unsatisfactory, such person shall be immediately discharged from the Project and shall not be re-employed thereon except with the consent of the Engineer by the Owner. ' 44. PROJECT MEETINGS The Engineer may conduct Project meetings, as he deems necessary, for the purposes of discussing ' and resolving matters concerning the various elements of the Work. Time and place for these meetings and the names of persons required to be present shall be as directed by the Engineer. Contractor shall comply with these attendance requirements and shall also require his subcontractors to comply. ' 45. SAFETY The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons (including employees) and property during performance of the Work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to U. S. Department of Labor (OSHA); the State Labor Department Laws; all other ' applicable federal, state, county, and local laws, ordinances, and codes; the requirements set forth below; and any regulations that may be detailed in other parts of these Documents. Where any of these are in conflict, the more stringent requirement shall be followed. The Contractor's failure to ' thoroughly familiarize himself with the aforementioned safety provisions shall not relieve him from compliance with the obligations and penalties set forth herein. The Contractor shall develop and maintain for the duration of this Contract, a safety program that will effectively incorporate and implement all required safety provisions. The Contractor shall appoint an employee who is qualified and authorized to supervise and enforce compliance with the safety program. The duty of the Engineer to conduct construction review of the Contractor's performance is not intended to include a review or approval of the adequacy of the Contractor's safety supervisor, the safety program, or any safety measures taken in, on, or near the construction site. The Contractor, as a part of his safety program, shall maintain at his office or other well-known place at the job site, safety equipment applicable to the Work as prescribed by the aforementioned authorities, all articles necessary for giving first aid to the injured, and shall establish the procedure for the immediate removal to a hospital or a doctor's care of persons (including employees) who may be injured on the job site. If death or serious injuries or serious damages are caused, the accident shall be reported immediately •by telephone or messenger to both the Engineer and the Owner. In addition, the Contractor must promptly report in writing to the Engineer all accidents whatsoever arising out of, or in connection with, the performance of the Work whether on, or adjacent to, the site, giving full details and statements of witnesses. ' If a claim is made by anyone against the Contractor or any subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the Engineer, giving full details of the claim. ' 46. CONTRACTOR'S TOOLS AND EQUIPMENT The Contractor's tools and equipment used on the Work shall be furnished in sufficient quantity and of a capacity and type that will safely perform the Work specified, and shall be maintained and used in a manner that will not create a hazard to persons or property, or cause a delay in the progress of the Work. IFY042165 Wedington Drive Water & Sewer DOCUMENT 00700 - 13 I 47. PROTECTION OF WORK AND PROPERTY I The Contractor shall at all times safely guard the Owner's property from injury or loss in connection with this Contract. The Contractor shall at all times safely guard and protect from damage his own Work, and that of adjacent property (as provided by law and the Contract Documents). All passageways, guard fences, lights, and other facilities required for protection by federal, state, or , municipal laws and regulations and local conditions, must be provided and maintained. The Contractor shall protect his Work and materials from damage due to the nature of the Work, the elements, carelessness of other Contractors, or from any cause whatever until the completion and acceptance of the Work. All loss or damages arising out of the nature of the Work to be done under these Contract Documents, or from any unforeseen obstruction or defects which may be encountered in the prosecution of the Work, or from the action of the elements, shall be sustained by the Contractor. In addition, the Contractor shall take special precautions to prevent the "flotation" of all tanks and structures prior to their final acceptance and filling for beneficial use. The Contract price shall include all costs associated with such special precautions. 1 Also, the Contractor shall not load or permit any part of any structure to be loaded with a weight that will endanger its safety or its structural integrity. 48. RESPONSIBILITY OF CONTRACTOR TO ACT IN EMERGENCY In case of an emergency which threatens loss or injury of property, and/or safety of life, the Contractor shall act, without previous instructions from the Owner or Engineer, as the situation may warrant. The Contractor shall notify the Engineer thereof immediately thereafter. Any claim for compensation by the Contractor, together with substantiating documents in regard to expense, shall be submitted to the Owner through the Engineer and the amount of compensation shall be determined by agreement. 49. MATERIALS AND APPLIANCES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation, and other facilities necessary for the execution and completion of the Work. ' Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. In selecting and/or approving equipment for installation in the Project, the Owner and Engineer assume , no responsibility for injury or claims resulting from failure of the equipment to comply with applicable national, state, and local safety codes or requirements, or the safety requirements of a recognized agency, or failure due to faulty design concepts, or defective workmanship and materials. 50. BUY AMERICAN Unless otherwise stipulated, only steel and manufactured products produced in the United States will , be used by the Contractor, subcontractors, materialmen, and suppliers in performance of the Work. I I FY042165 Wedington Drive Water & Sewer DOCUMENT 00700 - 14 ' I 51. CONTRACTORS' AND MANUFACTURERS' COMPLIANCE WITH STATE SAFETY, OSHA, AND OTHER CODE REQUIREMENTS ' The completed Work shall include all necessary permanent safety devices, such as machinery guards and similar ordinary safety items required by the state and federal (OSHA) industrial authorities and applicable local and national codes. Further, any features of the Work (including Owner -selected ' equipment) subject to such safety regulations shall be fabricated, furnished, and installed in compliance with these requirements. Contractors and manufacturers of equipment shall be held responsible for compliance with the requirements included herein. Contractors shall notify all ' equipment suppliers and subcontractors of the provisions of this Article. 52. SUBSTITUTION OF MATERIALS ' Except for Owner -selected equipment items and items where no substitution is clearly specified, whenever any material, article, device, product, fixture, form, type of construction, or process is indicated or specified by patent or proprietary name, by name of manufacturer, or by catalog number, ' such specifications shall be deemed to be used for the purpose of establishing a standard of quality and facilitating the description of the material or process desired. This procedure is not to be construed as eliminating from competition other products of equal or better quality by other manufacturers where ' fully suitable in design, and shall be deemed to be followed by the words "or equal". The Bidder may, in such cases, submit complete data to the Engineer 10 days prior to bid date for consideration of another material, type, or process which shall be substantially equal in every respect to that so indicated or specified. Substitute materials shall not be used unless approved in writing. The Owner or his authorized agent will be the sole judge of the substituted article or material. 53. TESTS, SAMPLES, AND INSPECTIONS The Contractor shall furnish, without extra charge, the necessary test pieces and samples, including facilities and labor for obtaining the same, as requested by the Engineer. When required, the Contractor shall furnish certificates of tests of materials and equipment made at the point of manufacture by a recognized testing laboratory. The Owner, Engineer, authorized government agents, and their representatives shall at all times be provided safe access to the Work wherever it is in preparation or progress, and the Contractor shall provide facilities for such access and for inspection, including maintenance of temporary and permanent access. If the Specifications, the Engineer's instructions, laws, ordinances, or any public authority require any Work to be specially tested or approved, the Contractor shall give timely notice of its readiness for inspection. Inspections to be conducted by the Engineer will be promptly made, and where ' practicable, at the source of supply. If any Work should be covered up without approval or consent of the Engineer. it shall be uncovered for examination at the Contractor's expense. ' 54. ROYALTIES AND PATENTS The Contractor shall pay all royalty and license fees, unless otherwise specified. The Contractor shall ' defend all suits or claims for infringement of any patent rights and shall save the Owner and the Engineer harmless from any and all loss, including reasonable attorneys' fees, on account thereof, up to the amount of the Contract Price. 55. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the Work should be stopped under an order of any court or other public authority for a period of more than 3 months, through no act or fault of the Contractor, its Subcontractors, or respective FY042165 Wedington Drive Water & Sewer DOCUMENT 00700- 15 I employees or agents, then the Contractor may, upon 15 days' written notice to the Owner and the Engineer, if said default has not been cured, stop Work or terminate this Contract and recover from the Owner payment for the reasonable value of Work performed. ' 56. CORRECTION OF DEFECTIVE WORK The Contractor hereby agrees to make, at his own expense, all repairs or replacements necessitated by defects in materials or workmanship supplied under terms of this Contract, and pay for any damage to other works resulting from such defects, which are found during construction or become evident within 1 year after the date of final acceptance of the Work or within 1 year after the date of substantial completion established by the Engineer for specified items of equipment, or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents. The Contractor further assumes responsibility for a similar guarantee for all Work and materials provided by subcontractors or manufacturers of packaged equipment components. The effective date for the start of the guarantee or warranty period for equipment qualifying as substantially complete is defined in Article 16, SUBSTANTIAL COMPLETION, and Article 68, SUBSTANTIAL COMPLETION DATE, in these General Conditions. The Contractor also agrees to hold the Owner and the Engineer harmless from liability of any kind arising from damage due to said defects. The Contractor shall make all repairs and replacements promptly upon receipt of written order for same from the Owner. If the Contractor fails to make the repairs and replacements promptly, the Owner may do the Work, and the Contractor and his Surety shall be liable for the cost thereof. Any additional requirements for the Project relative to correction of defective Work after final acceptance are set forth in the Supplementary Conditions. PROGRESS OF THE WORK , 57. BEGINNING OF THE WORK Before Work shall be started and materials ordered, the Contractor shall meet and consult with the Owner and/or Engineer relative to materials, equipment, and all arrangements for prosecuting the Work. 58. SCHEDULES AND PROGRESS REPORTS The Contractor shall submit to the Owner such schedule of quantities and costs, progress schedules, ' payrolls, reports, records, and other data as the Owner may request concerning Work performed or to be performed under this Contract. Construction Schedule Requirements: The Contractor shall comply with the following requirements concerning construction scheduling and payments: The Contractor shall submit a construction schedule of the bar graph type (or other approved type) prior to the preconstruction conference showing the following information as a minimum: a. Date of Notice to Proceed with Contract Work, , b. Actual date construction is scheduled to start if different from the date of Notice to Proceed. c. Contract completion date. d. Beginning and completion dates for each phase of Work. FY042165 Wedington Drive Water & Sewer DOCUMENT 00700 - 16 1 Li e. The dates at which special detail drawings are required. If. Respective dates for submission of shop drawings and the beginning of manufacture, the testing of, and the installation of materials, supplies, and equipment. ' g. All construction milestone dates. h. A separate graph showing Work placement in dollars versus Contract time. ' The schedule shall incorporate approved Contract changes. The schedule shall be maintained in an up- to-date condition monthly and shall be available for inspection at the construction site at all times. The construction schedule shall be submitted in conjunction with and/or in addition to any other requirements concerning schedules within these Specifications. The construction schedule shall be updated and submitted with each monthly request for payment. Should the Contractor fall behind said schedule, he shall present in writing to the owner a revised plan of action to complete the project on time. Methods may include, but are. not limited to additional manpower, equipment, working overtime, etc. as may be required. Also, the construction schedule ' shall be revised accordingly. Failure to submit such revised construction schedule and written explanation shall be reason to withhold payment entirely or reduce payment substantially. 59. PROSECUTION OF THE WORK It is expressly understood and agreed that the time of beginning, rate of progress, and time of completion of the Work are the essence of this Contract. The Work shall be prosecuted at such time, ' and in or on such part or parts of the Project as may be required, to complete the Project as contemplated in the Contract Documents and the approved construction schedule. • Regular Work hours shall be from 7:00 a.m. to 6:00 p.m. Monday through Friday. No Work requiring the presence of the Engineer's representative will be performed outside of regular Work hours. The cost of additional engineering services will be based upon actual hours worked (labor cost x 3) plus out-of-pocket expenses such as lodging, mileage, materials, etc. Otherwise, the Contractor may perform clean-up work only outside of regular hours (including Saturdays and Sundays). No Work will be accomplished on holidays. 60. ASSIGNMENT Neither party to the Contract shall assign the Contract or sublet it as a whole, without the written consent of the other, nor shall the Contractor assign any monies due or to become due to him hereunder without the prior written consent of the Owner. 61. OWNER'S RIGHT TO DO WORK If the Contractor should, in the opinion of the Engineer, neglect to prosecute the Work properly or ' should neglect or refuse at his own cost to take up and replace Work as shall have been rejected by the Engineer, then the Owner shall notify the Surety of the condition, and after 10 days' written notice to the Contractor and the Surety, or without notice if an emergency or danger to the Work or public ' exists, and without prejudice to any other right which the Owner may have under the Contract, take over that portion of the work which has been improperly executed or uncompleted, and make good the deficiencies and deduct the cost thereof from the payments then or thereafter due the Contractor, and if such payments are not sufficient thereof, charge the cost to the Contractor and its surety. ' FY042165 Wedington Drive Water & Sewer DOCUMENT 00700 - 17 I 62. OWNER'S RIGHT TO TRANSFER EMPLOYMENT If the Contractor should abandon the Work or should be adjudged bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workers or proper materials, or if he should fail to make prompt payment to subcontractors for material or labor, or persistently disregard laws, ordinances, or the instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the Contract or any laws or ordinance, the Owner may, without prejudice to any other right or remedy, and after giving the Contractor and Surety 7 days' written notice, transfer the employment for said Work from the Contractor to the Surety. Upon receipt of such notice, such Surety shall enter upon the premises and take possession of all materials, tools, and appliances thereon for the purpose of completing the Work included under this Contract and employ, by Contract or otherwise, any qualified person or persons to finish the Work and provide the materials therefore, in accordance with the Contract Documents, without termination of the continuing full force and effect of this Contract. In case of such transfer of employment to such Surety, the Surety shall be paid in its own name on estimates according to the terms hereof without any right of the Contractor to make any claim for the same or any part thereof. ' If after the furnishing of said written notice to the Surety, the Contractor and the Surety still fail to make reasonable progress on the performance of the Work, the Owner may terminate the employment of the Contractor and take possession of the premises and of all materials, tools, and appliances thereon and finish the Work by whatever method he may deem expedient and charge the cost thereof to the Contractor and Surety. In such case, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the expense of completing the Contract, including compensation for additional managerial and administrative services, shall exceed such unpaid balance, the Contractor and the Surety shall pay the difference to the Owner. 63. OWNER'S RIGHT TO SUSPEND OR TERMINATE WORK , Owner may suspend work under the following conditions: At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than ninety 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 allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contract makes an approved claim therefore as provided in per the General Conditions. Owner may terminate: Upon the occurrence of any one or more of the following events: I. If Contractor persistently fails 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 in the Contract Documents. 2. If Contractor disregards Laws or Regulations of any public body having jurisdiction. 3. If Contractor disregards the authority of the Engineers. 4. If Contractor otherwise violates in any substantial way any provisions of the Contract Documents. I FY042165 Wedington Drive Water & Sewer DOCUMENT 00700 - 18 , I Owner may, after giving Contractor (and the surety, if any) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of Contractor, exclude Contractor from the ' site and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the site and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which Owner has paid Contractor but which are stored elsewhere, and finish the Work as Owner may deem expedient. In such case Contractor shall not be entitled to receive any further payment until the Work is finished. ' If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by Owner arising out of or resulting from 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 Ito 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, provided that when exercising any rights or remedies under the paragraph Owner shall not be required to obtain the lowest price for the Work performed. 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. Upon seven days' written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, elect to terminate the Contract. In such case, Contractor shall be paid (without duplication of any items): 1. For completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work. 2. For expenses sustained prior to the effective date of termination in performing services and ' furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses. 3. For all claims, costs, losses and damages incurred in settlement of terminated contracts with ' Subcontractors, Suppliers and others. 4. For reasonable expenses directly attributable to termination. ' 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. 64. DELAYS AND EXTENSION OF TIME If the Contractor is delayed in the progress of the Work by any separate Contractor employed by the Owner, or by strikes, lockouts, fire, excessive adverse weather conditions not reasonably anticipated ' (on the basis of official weather records from the past ten years, minimum, from the locality involved), or acts of God, the Contractor shall, within 48 hours of the start of the occurrence, give written notice to the Owner of the cause of the potential delay and estimate the possible time extension involved, and ' within 7 days after the cause of delay has been remedied, the Contractor shall given written notice to the Owner of any actual time extension requested as a result of the aforementioned occurrence; then the Contract time may be extended by Change Order for such reasonable time as the Engineer determines. It is agreed that no claim shall be made or allowed for any damages which may arise out of any delay caused by the above referenced acts or occurrences, other than claims for the appropriate extension of time. FY042165 Wedington Drive Water & Sewer DOCUMENT 00700 - 19 I No extension of time will be granted to the Contractor for delays occurring to parts of the Work that have no measurable impact on the completion of the total Work under this Contract; nor will extension of time be granted for delays to parts of Work that are not located on the critical path if the Critical Path Method (CPM) is used for scheduling the Work. No extension of time will be considered for weather conditions normal to the area in which the Work 1 is being performed. Unusual weather conditions, if determined by the Engineer to be of a severity that would stop all progress of the Work, may be considered as cause for an extension of Contract completion time. The Contractor shall provide official documentation of weather conditions experienced versus those anticipated as described above. Delays in delivery of equipment or material purchased by the Contractor or his subcontractors (including Owner -selected equipment) shall not be considered as a just cause for delay. The Contractor shall be fully responsible for the timely ordering, scheduling, expediting, delivery, and installation of all equipment and materials. Within a reasonable period after the Contractor submits to the Owner a written request for an extension of time, the Engineer will present his written opinion to the Owner as to whether an extension of time is justified, and, if so, his recommendation as to the number of days for time extension. The Owner will make the final decision on all requests for extension of time. In no event shall the Contractor be entitled under this Contract to collect or recover any damages, loss, or expense incurred by any delay other than as caused by the Owner, as stipulated in the Article titled, NOTICE , OF CLAIM FOR DELAY. 65. LIQUIDATED DAMAGES The Work shall begin at the time stated in the Notice to Proceed issued by the Owner to the Contractor and shall be completed within the number of consecutive calendar days, or by the calendar date, stated in the accepted Bid and Contract. The time shall be computed from and including the date stated in the Notice to Proceed. It is agreed that time is of the essence of this Contract. The Contractor agrees that said Work shall be prosecuted regularly, diligently, and uninterruptedly at ' such rate or progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the Owner, that the time for the completion of the Work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual construction conditions prevailing in this locality. If the Contractor shall neglect, fail, or refuse to complete the Work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part consideration for the awarding of this Contract, a penalty put as liquidated damages for such breach of Contract, as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contract for completing the Work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages which the Owner would in such event sustain, and said amount shall be retained from time to time by the Owner from current periodic pay estimates. 66. OTHER CONTRACTS The Owner reserves the right to award other Contracts in connection with the Work. The Contractor shall afford other Contractors reasonable opportunity for the introduction and storage of their materials and the execution of their Work and shall properly connect and coordinate his Work with theirs. ' FY042165 Wedington Drive Water & Sewer DOCUMENT 00700 - 20 ' I I I I I If any part of the Work under this Contract depends on'the prior acceptable completion of Work by others under separate Contract(s), the Contractor shall inspect and promptly report to the Engineer any defects in such Work that would adversely affect the satisfactory completion of the Work under this Contract. The Contractor's failure to so inspect and report shall constitute acceptance of the Work by others as being suitable for the proper reception and completion of the Work under this Contract, excluding, however, those defects in the Work by others that occur after the satisfactory completion of the Work specified hereunder. 67. USE OF PREMISES The Contractor shall confine his equipment, the storage of materials, and the operation of his workers to limits shown on the Drawings or indicated by law, ordinances, permits, or directions of the Engineer, and shall not unreasonably encumber the premises with his materials. The Contractor shall provide, at his own expense, the necessary rights -of -way and access to the Work which may be required outside the limits of the Owner's property. 68. SUBSTANTIAL COMPLETION DATE The Engineer may, at his sole discretion, issue a written notice of substantial completion for the purpose of establishing the starting date for specific equipment guarantees, and to establish the date that the Owner will assume the responsibility for the cost of operating such equipment. Said notice shall not be considered as final acceptance of any portion of the Work or relieve the Contractor from completing the remaining Work within the specified time and in full compliance with the Contract Documents. Such substantial completion shall not relieve Contractor from liquidated damages should the Owner have added costs after the completion date, i.e., if additional construction observation, interest paid, loss of revenue, or other expenses continue to be charged to the Owner. Substantial completion of an operating facility shall be that degree of completion that will provide a minimum of 7 continuous work days of successful operation in which all performance and acceptance testing has been successfully demonstrated to the Engineer. All equipment contained in the Work, plus all other components necessary to enable the Owner to operate the facility in the manner that was intended, shall be complete on the substantial completion date. See "SUBSTANTIAL COMPLETION" under Article DEFINITIONS, of these General Conditions. ' 69. PERFORMANCE TESTING Operating equipment and systems shall be performance tested in the presence of the Engineer to demonstrate compliance with the specified requirements. Performance testing shall be conducted under the specified design operating conditions or under such simulated operating conditions as recommended or approved by the Engineer. Schedule such testing with the Engineer at least 1 week in advance of the planned date for testing. 70. OWNER'S USE OF PORTIONS OF THE WORK ' The Owner shall have the right to take possession of and use any completed or partially completed portions of the Work. Such use shall not be considered as final acceptance of any portion of the Work, nor shall such use be considered as cause for an extension of the Contract completion time, unless authorized by a Change Order issued by the Owner. I 1 FY042165 Wedington Drive Water & Sewer DOCUMENT 00700 - 21 The Contractor shall do all cutting, fitting, or patching of his Work that may be required to make its several parts come together properly and fit it to receive or be received by Work of other Contractors shown upon or reasonably implied by the Drawings. Any defective Work or material, performed or furnished by the Contractor, that may be discovered by the Engineer before the final acceptance of the Work or before final payment has been made, shall be removed and replaced or patched, in a manner as approved by the Engineer at the expense of the Contractor. The Contractor shall, at all times, at his own expense, keep property on which Work is in progress and the adjacent property free from accumulations of waste material or rubbish caused by employees or by the Work. Upon completion of the construction, the Contractor shall, at his own expense, remove all temporary structures, rubbish, and waste materials resulting from his operations. Payment or credit for any alterations covered by a Change Order shall be determined combination of the methods set forth in A, B. or C below as applicable: UNIT PRICES. If applicable, those unit prices stipulated in the Bid, shall be utilized. If such Unit Prices are not applicable, the Contractor and Owner may utilize Unit Prices as mutually LUMP SUM. A total lump sum for the Work may be negotiated as mutually agreed upon by the Contractor and Owner. In "A" and "B" above, Contractor's quotations for Change Orders shall be in writing and firm for a period of 90 days. Any compensation paid in conjunction with the terms of a Change Order shall comprise total compensation due the Contractor for the Work or alteration defined in the Change Order. By signing the Change Order, the Contractor acknowledges that the stipulated compensation includes payment for the Work or alteration plus all payment for the interruption of schedules, extended overhead, delay or any other impact claim or ripple effect, and by such signing specifically waives any reservation or claim for additional compensation in respect to the subject of the Change Order. The Owners request for quotations on alterations to the Work shall not be considered authorization to proceed with the Work prior to the issuance of a formal Change Order, nor shall such request justify any delay in existing Work. Lump sum quotations for alterations to the Work shall include substantiating documentation with an itemized breakdown of Contractor and subcontractor costs, including labor, material, rentals, approved services, overhead, and profit calculated as specified under "C" below. FORCE ACCOUNT WORK. If the method of payment cannot be agreed upon prior to the beginning of the Work, and the Owner or the Engineer directs that the Work be done by written Change Order or on a force account basis, then the Contractor shall furnish labor, equipment, and materials necessary to complete the Work in a satisfactory manner and within a reasonable period of time. For the Work performed, payment will be made for the documented actual cost of the following: I I I I I L. J I I I I I 1) Labor, including foremen, who are directly assigned to the force account Work: (actual payroll cost, including wages, fringe benefits as established by negotiated labor agreements, labor insurance, and labor taxes as established bylaw). No other fixed labor burdens will be considered, unless approved in writing by the Owner. 2) Material delivered and used on the designated Work, including sales tax, if paid for by the Contractor or his subcontractor. 3) Rental, or equivalent rental cost of equipment, including necessary transportation for items having a value in excess of $100. 4) Additional bond, as required and approved by the Owner. 5) Additional insurance (other than labor insurance) as required and approved by the Owner. To costs under 73C, FORCE ACCOUNT WORK, there shall be added the following fixed fees for the Contractor or subcontractor actually performing the Work: A fixed fee not to exceed 15 percent of the cost of all items above. The added fixed fees shall be considered to be full compensation, covering the cost of general supervision, overhead, profit, and any other general expense. The Owner reserves the right to furnish such materials and equipment as he deems expedient, and the Contractor shall have no claim for profit or added fees on the cost of such materials and equipment. For equipment under Item 3 above, rental or equivalent rental cost will be allowed for only those days or hours during which the equipment is in actual use. Rental and transportation allowances shall not exceed the current rental rates prevailing in the locality. The rentals allowed for equipment will, in all cases, be understood to cover all fuel, supplies, repairs, and renewals, and no further allowances will be made for those items, unless specific agreement to that effect is made. The Contractor shall maintain his records in such a manner as to provide a clear distinction between the direct costs of Work paid for on a force account basis and the costs of other operations. The Contractor shall furnish the Engineer report sheets in duplicate of each day's force account Work no later than the working day following the performance of said Work. The daily report sheets shall itemize the materials used, and shall cover the direct cost of labor and the charges for equipment rental, whether furnished by the Contractor, subcontractor, or other forces. ' The daily report sheets shall provide names or identifications and classifications of workers, the hourly rate of pay and hours worked, and also the size, type, and identification number of equipment and hours operated. ' Material charges shall be substantiated by valid copies of vendors' invoices. Such invoices shall be submitted with the daily report sheets, or, if not available, they shall be submitted with subsequent daily report sheets. Said daily report sheets shall be signed by the Contractor or his 'authorized agent. To receive partial payments and final payment for force account Work, the Contractor shall submit in a manner approved by the Engineer, detailed and complete documented verification FY042165 Wedington Drive Water & Sewer DOCUMENT 00700 - 23 LJ of the Contractor's and any of his subcontractorsactual current costs involved in the force account Work pursuant to the issuance of an approved Change Order. Such costs shall be submitted within 30 days after said Work has been performed. No payment will be made for Work billed and submitted to the Engineer after the 30 -day period has expired. No extra or additional Work shall be performed by the Contractor, except in an emergency endangering life or property, unless in pursuance of a written Change Order, as provided in ALTERATIONS -CHANGES IN WORK. 74. PARTIAL PAYMENTS ' A. GENERAL Nothing contained in this Article shall be construed to affect the right, hereby reserved, to reject ' the whole or any part of the aforesaid Work, should such Work be later found not to comply with the provisions of the Contract Documents. All estimated quantities of Work for which partial payments have been made are subject to review and correction on the final estimate. Payment by the Owner and acceptance by the Contractor of partial payments based on periodic estimates of quantities of Work performed shall not, in any way, constitute acceptance of the estimated quantities used as the basis for computing the amounts of the partial payments. For public works projects, each partial payment request and final payment request shall contain an affidavit by the Contractor that all provisions of the applicable federal and state requirements regarding apprentices and payment of prevailing wages have been complied with by him and by his Subcontractors. B. ESTIMATE AND PAYMENT Before the first working day of each calendar month, the Contractor shall submit to the t Engineer a detailed estimate of the amount earned for the separate portions of the Work, and request payment. As used in this Article, the words "amount earned" means the value, on the date of the estimate for partial payment, of the Work completed in accordance with the Contract Documents, and the value of approved materials delivered to the Project site suitably stored and protected prior to incorporation into the Work. If the Contractor's estimate of amount earned conforms with the Engineer's evaluation, the Engineer will calculate the amount due the Contractor and make recommendation to the Owner for payment. An estimate of monthly progress payments shall be provided for the entire job prior to the first payment request. An update of the estimate of progress payments shall be updated if the actual progress differs by more than 20 percent in any given month. Each monthly payment request shall include the required updated Schedule. If the updated Schedule is not submitted, the Owner may withhold payment until this item is completed. The Contractor shall be paid within 30 days of approval of the payment request. C. DEDUCTION FROM ESTIMATE ' Unless modified in the Supplementary Conditions, deductions from the estimate will be as described below. The Owner will deduct from the estimate, and retain as part security, 10 percent of the amount earned for Work satisfactorily completed. However, no deduction or retainage will be made on the approved items of material delivered to and properly stored at the job site but not incorporated into the Work. When the Work is 50 percent complete, the Owner may "freeze" the retainage at 5 percent of the dollar value of the total contract provided that the Contractor is making satisfactory progress and there is no specific cause for a greater retainage. The Owner may reinstate the retainage up to 10 percent of the dollar value of "Work complete ' FY042165 Wedington Drive Water & Sewer DOCUMENT 00700 - 24 , C1 I I I I U IT] I to date" if the Owner determines, at his discretion, that the Contractor is not making satisfactory progress or where there is other specific cause for such withholding. NOTE: Exception --If the Work includes water or sewer pipelines, the Contractor shall maintain the Work for a period of ninety (90) days following its acceptance by the OWNER. Up to five percent (5%) of the Contract amount shall be retained during this maintenance period. All prior payments shall be subject to correction in the final payment. This 90 -day period does not relieve the Contractor of the Performance and Payment Bond requirements regarding warranty of the Project. In such cases, the semi-final payment estimate shall indicate the initial acceptance of the Work, and the warranty shall begin on such date. D. QUALIFICATION FOR PARTIAL PAYMENT FOR MATERIALS DELIVERED Unless modified in the Supplementary Conditions, qualification for partial payment for materials delivered but not yet incorporated in to the Work shall be as described below. Materials, as used herein, shall be considered to be those items which are fabricated or manufactured material and equipment. To receive partial payment for materials delivered to the site, but not incorporated in the Work, it shall be necessary for the Contractor to include invoices of such materials and documentation warranting that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein; all of which must be satisfactory to Owner. At the time of the next partial payment request, the Contractor must submit the following documentation relative to materials paid on the previous partial payment: paid invoices of such materials or other documentation warranting that the Owner has received the materials and ' equipment free and clear of all liens, charges, security interests, and encumbrances (i.e., all materials have been paid for by Contractor). Failure to submit this documentation will result in an appropriate reduction on the current partial payment estimate for such materials. At his sole discretion, the Engineer may approve items for which partial payment is to be made. Proper storage and protection shall be provided by the Contractor, and as approved by the Engineer. Final payment shall be made only for materials actually incorporated in the Work and, upon acceptance of the Work, all materials remaining for which advance payments had been made shall revert to the Contractor, unless otherwise agreed, and partial payments made for these items shall be deducted from the final payment for the Work. E. PAYMENT After deducting the retainages and the amount of all previous partial payments made to the Contractor, the amount earned as of the current month will be made payable to the Contractor within 30 days of the Owner's receipt of an approved request, except where the Owner is a municipality or other agency whose laws require the approval of each payment by a council or I similar body, in which case, the payment shall become due and payable 10 days after the first regularly -scheduled meeting in the month following the submittal of such payment request. 75. CLAIMS In any case where the Contractor deems additional compensation is due him for Work or materials not clearly covered in the Contract or not ordered by the Engineer according to provisions of Article 20 ALTERATIONS - CHANGES IN WORK, the Contractor shall notify the Engineer, in writing, of his intention to make claim for such compensation before he begins the Work on which he bases the claim, in order that such matters may be settled, if possible, or other appropriate action promptly taken. If such notification is not given or the Engineer is not afforded proper facilities by the Contractor for FY042165 Wedington Drive Water & Sewer DOCUMENT 00700 - 25 I keeping strict account of actual cost, then the Contractor hereby agrees to waive the claim for such additional compensation. Such notice by the Contractor, and the fact that the Engineer has kept account of the cost as aforesaid, shall not in any way be construed as proving the validity of the claim. Claims for additional compensation shall be made in itemized detail and submitted, in writing, to the Owner and Engineer within 10 days following completion of that portion of the Work for which the Contractor bases his claim. In case the claim is found to be just, it shall be allowed and paid for as provided in the Article titled, PAYMENT FOR CHANGE ORDERS. 76. NOTICE OF CLAIM FOR DELAY If the Contractor intends to file a claim for additional compensation for delay caused by the Owner at ' a particular time, he shall file a notice of claim with the Owner within 7 days of the beginning of the occurrence. The notice of claim shall be in duplicate, in writing, and need not state the amount. No claim for additional compensation will be considered unless the provisions of Article 64, DELAYS AND EXTENSION OF TIME, are complied with, and a notice of claim has been filed with the Owner in writing, as stated above. Should the Owner be prevented or enjoined from proceeding with Work, either before or after its prosecution, or from authorizing its prosecution by reason of any litigation, the Contractor shall not be entitled to make or assert claim for damage by reason of said delay; but time for completion of the Work will be extended to such reasonable time as the Owner may determine will compensate for time lost by such delay, with such determination to be set forth in writing. 77. RELEASE OF LIENS OR CLAIMS i The Contractor shall indemnify and save harmless the Owner from all claims for labor and materials furnished under this Contract. Prior to the final payment, the Contractor shall furnish to the Owner, as part of his final payment request, an affidavit that all of the Contractor's obligations on the Project have been satisfied and that there are no unpaid taxes, liens, vendors' liens, rights to lien or any other type of claim against the Project, and that the hourly wages paid to all persons on the Project were in accordance with the applicable wage scale determinations. 78. FINAL PAYMENT Upon completion of all of the Work under this Contract, the Contractor shall notify the Engineer, in 1 writing, that he has completed his part of the Contract and shall request final inspection. Upon receipt of the Contractor's written notice that the Work is ready for final inspection, the Engineer shall make such inspection and shall submit to the Owner his recommendation as to acceptance of the completed Work and as to the final estimate of the amount due the Contractor under this Contract. Upon approval of this final estimate by the Owner and compliance with provisions in Article titled, RELEASE OF LIENS OR CLAIMS, and other provisions as may be applicable, the Owner shall pay to the Contractor all monies due him under the provisions of these Contract Documents. On contracts for public works, final payment of the retained percentage will not be made until the Contractor has also furnished the applicable apprenticeship wage certification. 79. NO WAIVER OF RIGHTS ' Neither the inspection of the Owner, through the Engineer or any of his employees, nor any order by the Owner for payment of money, nor any payment for, or acceptance of, the whole or any part of the Work by the Owner or Engineer, nor any extension of time, nor any possession taken by the Owner or its employees shall operate as a waiver of any provision of this Contract, or any power herein reserved FY042165 Wedington Drive Water & Sewer DOCUMENT 00700 - 26 ' I ' to the Owner, or any right to damages herein provided nor shall any waiver of any breach in this Contract be held to be a waiver of any other or subsequent breach. 80. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE The acceptance by the Contractor of the final payment shall release the Owner and the Engineer, as ' agent of The Owner, from all claims and all liability to the Contractor for all things done or furnished in connection with the Work, and every act of the Owner and others relating to or arising out of the Work. No payment, however, final or otherwise, shall operate to release the Contractor or his Sureties ' from obligations under this Contract and the Performance and Payment Bonds, and other bonds and warranties, as herein provided. IEND OF GENERAL CONDITIONS I I I I I I I I I I 1 FY042165 Wedington Drive Water & Sewer DOCUMENT 00700 - 27 II DOCUMENT 00800 SUPPLEMENTARY CONDITIONS GENERAL ' The Contractor's attention is directed to Division 1, GENERAL REQUIREMENTS, which contains other directions pertinent to the project. REVISIONS AND ADDITIONS TO THE GENERAL CONDITIONS The GENERAL CONDITIONS are hereby revised as follows: ARTICLE 36. "INSURANCE AND LIABILITY", SUBARTICLE "BUILDERS RISK • INSURANCE" Delete the following coverages from the General Conditions: Loss caused by earthquake and Builder's Risk. ARTICLE 49. "MATERIALS AND APPLIANCES" ' After this Article, add the following: EQUIPMENT NAMEPLATES All manufacturer's nameplates on equipment items are to be kept visible and are not to be obscured by other equipment or piping nor are they to be covered by any paint or insulating 'material. I END OF SUPPLEMENTARY CONDITIONS I I I ' FY042165 Wedington Drive Water & Sewer Section 00800-i U SECTION 01000 I ' PARTI GENERAL I I I C I 11 I 11 I I P I I ABBREVIATIONS A. Whenever in these Contract Documents the following abbreviations are used, the intent and meaning shall be interpreted as follows: AA Aluminum Association AAMA Architectural Aluminum Manufacturers' Association AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute AFBMA Anti -Friction Bearing Manufacturers' Association AGA American Gas Association AGMA American Gear Manufacturers' Association AISC American Institute of Steel Construction AISI American Institute of Steel Institute AITC American Institute of Timber Construction AMCA Air Moving and Conditioning Association ANSI American National Standards Institute APA American Plywood Association API American Petroleum Institute AREA American Railway Engineering Association ASAE American Society of Agricultural Engineers ASCE American Society of Civil Engineers ASHRAE American Society of Heating, Refrigerating and Air -Conditioning Engineers, Inc. ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials AWI Architectural Woodwork Institute AWS American Welding Society AWPA American Wood Preservers' Association AWPB American Wood Preservers Bureau AWWA American Water Works Association BHMA Builders Hardware Manufacturers' Association CBMA Certified Ballast Manufacturers' Association CDA Copper Development Association CISPI Cast Iron Soil Pipe Institute CMAA Crane Manufacturers' Association of America CRSI Concrete Reinforcing Steel Institute EPA Environmental Protection Agency Fed. Spec. Federal Specifications HI Hydraulic Institute HMI Hoist Manufacturers' Institute ICBO International Conference of Building Officials IEEE Institute of Electrical and Electronics Engineers, Inc. ICEA Insulated Cable Engineers' Association ISA Instrument Society of America FY042165 Wedington Drive Water & Sewer Section 01000 - 1 I JIC Joint Industry Conferences of Hydraulic Manufacturers MMA Monorail Manufacturers' Association NBHA National Builders' Hardware Association NEC National Electrical Code NEMA National Electrical ManufacturersAssociation NESC National Electric Safety Code NFPA National Fire Protection Association NLMA National Lumber Manufacturers' Association NWMA National Woodwork Manufacturers' Association OECI Overhead Electrical Crane Institute OSHA Occupational Safety and Health Act (both Federal and State) PS Product Standards Section - U.S. Department of Commerce 1 RLM RLM Standards Institute, Inc. RMA Rubber Manufacturers' Association SAE Society of Automotive Engineers SDI Steel Door Institute SSPC Steel Structures Painting Council TEMA Tubular Exchanger Manufacturers' Association TCA Tile Council of America UBC Uniform Building Code ' UL Underwriters' Laboratories, Inc. WWPA Western Wood Products Association B. Unless a particular issue is designated, all references to the above specifications, 1 standards, or methods shall, in each instance, be understood to refer to the issue in effect (including all amendments) on the first published date of the Invitation to Bid. END OF SECTION 1 I .1 FY042165 Wedington Drive Water & Sewer Section 01000 -2 1 I I I I I I I I I I I I C SECTION 01009' SUMMARY OF WORK PARTI GENERAL 1.01 REQUIREMENTS INCLUDED A. This Section describes the project in general, and provides overview of the extent of the work to be performed. Detailed requirements and extent of work is stated in the applicable Specification Sections and is shown on the Drawings. The Contractor shall, except as otherwise specifically stated herein or in any applicable parts of the Contract Documents, provide and pay for all labor, materials, equipment, tools, construction equipment, and other facilities and services necessary for proper execution, and completion of his work. 1.02 REASONABLY IMPLIED PARTS OF THE WORK SHALL BE DONE THOUGH ABSENT FROM SPECIFICATIONS A. Any part of the work which is not mentioned in the Specifications but is shown on the Drawings, or any part not shown on the Drawings but described in the Specifications, or any part not shown on the Drawings nor described in the Specifications, but which is necessary or normally required as a part of such work, or is necessary or required to make each installation satisfactorily and legally operable, shall be performed by the Contractor as incidental work without extra cost to the Owner, as if fully described in the Specifications and shown on the Drawings, and the expense thereof shall be included in the applicable unit prices or lump sum bid for the work. 1.03 DESCRIPTION OF THE PROJECT A. Work covered by these Contract Documents in general covers the construction of the following facilities: 1. Construction of approximately 11,020 feet of 6" through 18" water main and approximately 5,880 feet of 2" to 1" waterline. 2. Installation of fire hydrants, valves, tapping tees and valves, and related facilities. 3. Capping and abandoning existing water mains and valves. Removal of some existing fire hydrants. 4. Construction of approximately 852 feet of 8" and 6" sewer main, 13 manholes, service taps and related sewer replacement facilities. ' 5. Completion of 6 highway bores ranging in size from 18 -inch to 16 -inch. I 6. Completion of paved surface restoration and related work items as indicated on the Drawings and/or required by the Detailed Specifications. FY042165 Wedington Drive Water & Sewer Section 01009-1 11 1 1 PART2 PRODUCTS Not Used. ' PART 3 CONTRACTOR'S RESPONSIBILITIES , 3.01 GENERAL CONSTRUCTION WORK A. The Contractor shall execute all work, including site, structural, piping, equipment, 1 and finishes. B. The Contractor shall also: 1. Provide temporary sanitary toilet facilities. 2. Pay for all electrical energy consumed for construction purposes. 3. Provide and pay for temporary service for lighting of temporary office and work areas. 4. Provide replacement lamps for temporary lighting. 5. Provide temporary heat; make all arrangements and pay all fuel cost; supervise and maintain all heating units. 6. Provide telephone service for his own use. 7. Provide an adequate supply of potable drinking water for use by his ' employees and by the Engineer. 8. Provide and maintain fire protection in working order during the entire construction period. 9. Coordinate with the Engineer and Owner all re-routing of existing streets and interruptions of the existing water and sewer operations. 10. Insure that new water mains are properly tested and have passed disinfection tests before existing water mains and meter services are disrupted. Existing facilities to be abandoned will be abandoned only after new facilities are completed, tested and in service. 3.02 DRAWINGS A. Drawings are bound separately and consist of 14 sheets. ' END OF SECTION I FY042165 Wedington Drive Water & Sewer Section 01009-2 ' I I I PART1 GENERAL SECTION 01011 SITE CONDITIONS 1.01 SITE INVESTIGATION AND REPRESENTATION I I I I H. I I I. 1.02 I A. The Contractor acknowledges by submission of his Bid that he has satisfied himself as to the nature and location of the work, the general and local conditions, particularly those bearing upon availability of transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads, and uncertainties of weather, river stages, or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during the prosecution of the work and all other matters which can in any way affect the work or the cost thereof under this Contract. B. The Contractor further acknowledges by submission of his Bid that he has satisfied himself as to the character, quality, and quantity of surface and subsurface materials to be encountered from inspecting the site. Any failure by the Contractor to acquaint himself with all the available information will not relieve him from responsibility for properly estimating the difficulty or cost of successfully performing the work. C. Prospective Bidders are invited, at their own expense, to make subsurface investigations, by boring or test hole excavation, as may be desirable, provided, however, that such work be scheduled by appointment with the Engineer. Bidders are not authorized to enter private property during these investigations. D. In the event subsurface or latent physical conditions are found materially different from those indicated in these Documents, and differing materially from those ordinarily encountered in the project area and generally recognized as inhering in the character of work covered in these Contract Documents, the Contractor shall promptly, and before such conditions are disturbed, notify the Engineer in writing of such changed conditions. E. The Engineer will investigate such conditions promptly and following this investigation, the Contractor shall proceed with the work, unless otherwise instructed by the Engineer. If the Engineer finds that such conditions do so materially differ and cause an increase or decrease in the cost of, or in the time required for performing the work, the Engineer will recommend to the Owner the amount of adjustment in cost and time he considers reasonable. The Owner will make the final decision on all Change Orders to the Contract regarding any adjustment in cost or time for completion. EXISTING UTILITIES A. Existing utilities in the vicinity of the project lines and structures include water and sewer mains, gas mains, a high pressure gas transmission main, and overhead (and underground) electric, television, and telephone lines. Additional utilities include FY042165 Wedington Drive Water & Sewer Section 01011 - 1 H individual property owner's gas lines, water lines, sprinkler system water lines, underground electrical service lines, and wastewater lines. No attempt has been made to locate all these utilities and private services. Information is shown on the Drawings relative to the general location of some utilities, as taken from maps supplied by the utilities. Private lines are not shown. Since specific utility locations are not shown on the Drawings, the Contractor shall carefully coordinate the location of utilities with their respective owner's. No compensation will be paid to the Contractor, due to costs associated with damages to utilities or to costs associated with locating/avoiding same. The Engineer and Owner will cooperate with the Contractor and utility firms in rerouting new water and sewer mains, where possible, to reasonably avoid existing utilities. CONTRACTOR'S SERVICE PROPERTIES Notify all utility offices that are affected by the construction operation at least two working days in advance. Under no circumstances expose any utility without first obtaining permission from the appropriate agency. Once permission has been granted, locate, expose, and provide temporary support for all existing underground utilities. The Contractor shall be solely and directly responsible to the Owner and operators of such properties for any damage, injury, expense, loss, inconvenience, delay, suits, actions, or claims of any character brought because of any injuries or damage which may result from the construction operations under this Contract. Neither the Owner nor its officers or agents shall be responsible to the Contractor for damages as a result of the Contractor's failure to protect utilities encountered in the work. In the event of interruption to domestic water, sewer, storm drain, or other utility services as a result of accidental breakage due to construction operations, promptly notify the proper authority. Cooperate with said authority in restoration of service as promptly as possible and bear all costs of repair. In no event shall interruption of any utility service be allowed outside working hours unless granted by the owner of the utility. Drainage culverts that are removed or damaged by the Contractor shall be replaced in kind at the expense of the Contractor. The Contractor shall replace, at his own expense, any and all existing utilities or structures damaged during construction. Utilities shown on the Drawings are generally existing lines, some of which will be replaced by the utility companies the same time that these water and sewer mains are being installed. The new location of these utilities is unknown. The Contractor shall cooperate with other utilities and acknowledges that they will be working in the same vicinity. FY042165 Wedington Drive Water & Sewer I 1 1.04 NAMES OF KNOWN UTILITIES SERVING THE AREA H H I I I I I [1 LJ L I I I I 'J A. The following is a list of the major public utilities serving the work area indicating the name and telephone number of the responsible authority of the various utilities which should be notified if conflicts or emergencies arise during the progress of the work: Name Water and Sewer Storm Sewers Arkansas One Call Telephone Cable Fiber Optic Cable Authority Fayetteville Water Dept. Arkansas Highway & Transportation Dept. City of Fayetteville Buried Utilities Gas Arkansas Western Gas 20" High Pressure Gas Main Centerpoint Energy Electricity Ozark's Electric Coop. Corp. Television Cox Communications Telephone 479-575-8386 479-251-9266 479-575-8390 1-800-482-8998 1-800-482-8998 479-521-5330 1-800-992-7552 479-521-2900 479-751-2000 1.05 FIELD RELOCATION A. During the progress of construction, minor relocations of the work may become necessary. Such relocations shall be made only by direction of the Engineer. If existing structures are encountered that will prevent construction as shown, notify the Engineer before continuing with the work in order that the Engineer may make such field revisions as necessary to avoid conflict with the existing structures. If the Contractor shall fail to notify the Engineer when an existing structure is encountered, and shall proceed with the work despite this interference, he shall do so at his own risk and expense. 1.06 CONSTRUCTION ON PRIVATE PROPERTIES A. The Owner has obtained easements for the pipeline routes on private property. The Contractor shall protect and/or restore improvements on these properties, including structures, rock walls, fences, drives, culverts, fruit and ornamental trees and shrubs, and grass in yards and pasture lands. Existing sod shall be protected and restored, or replaced with the same kind of new sod. Failure to do so will result in retainage of funds otherwise due the Contractor, as necessary to compensate property owners for damages and/or to pay restoration costs. B. Easement widths for permanent and temporary construction easements are as indicated on the Drawings. FY042165 Wedington Drive Water & Sewer Section 01011 - 3 I 1.07 C. As part of the easement acquisition process, the Owner agreed to certain easement considerations that are itemized in the attached "Side Letters". The requirements in these letters are requirements of the Contractor under this Contract, and these requirements shall govern construction on these properties. D. The Contractor is not authorized to enter into side -agreements with the property owners, concerning the degree of cleanup, excess soil disposal, timber and brush disposal, etc., without the prior written approval of each "side -agreement" by the Owner. The Contractor is not authorized to enter private property outside the prescribed limits of the permanent and temporary construction easements. PAYMENT A. PART 2 PART 3 No separate payment will be made for work under this Section. PRODUCTS Not Used. EXECUTION Not Used. END OF SECTION (EASEMENTS AND EASEMENT SIDE LETTERS APPENDED HERETO) FY042165 Wedington Drive Water & Sewer I I I I I I I I I 1 Section 01011-4 I • ATI`ACHIvIENT TO SECTION 01011 SITE CONDITIONS EASEMENTS AND EASEMENT SIDE LETTERS ' The City of Fayetteville is still in the process of acquiring the easements required for the Highway 16 (Wedington Drive) Water and Sewer Main Replacement project. Currently available Easement Side Letters are attached hereto. Other Easement Side ' Letters may become available during the bidding process and they will be issued by Addendum. If Easement Side Letters are obtained by the City of Fayetteville after the bids are opened, and if any conditions in these late Side Letters impact the cost of performing the work, an appropriate change order will be negotiated. If specific easements are unavailable at the start of the construction project, the ' Contractor shall coordinate his construction schedule to avoid these properties until the needed easement(s) are acquired. If the failure to have all easements available at the start and/or during the construction period results in delays in the completion of the project, the Contractor will be authorized additional completion days as needed to address the easement delays. By submitting his Bid, the Contractor acknowledges that all of the easements may not be available, that this fact may delay the project completion, and that he will not seek damages from the Owner due to these possible delays. I I I I I I ,' I FY042165 Attachment to Section 01011 JAN 0 9 2006 I I Li I I I I ' I LI I I I I e F )yfTe evi le / ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS November 17, 2005 Conley E. and Virginia L. Worley 6316 Wedington Drive Fayetteville, AR 72704 rYoi65 t✓"tj RE: Project No. 05015 Wellington Drive W/S Line Relocations Tract 4 Side Letter Dear Mr. and Mrs. Worley: ENGINEERING DIVISION After your meeting with Ms. Jones yesterday, the City of Fayetteville would like to agree to the following: The City's contractor will short bore under the ion oak tree in the easement area and everything in his power will be done to save this tree. The city understands that this tree may still be damaged and will guarantee that if this tree dies as a direct result of the work done in association with this bore or the installation of the water line, within three years of said construction, you will be compensated accordingly and the tree will be removed by the City of Fayetteville. Natural causes such as disease and lightning strikes which may cause the death of this tree do not qualify for replacement compensation. • The lilac under the pin oak and the two large honeysuckle on the West end of the easement will be removed and the City hereby agrees to pay you $50.00 for these shrubs. • The City's contractor will also be removing a Bradford pear tree in the easement area and we agree to pay you $150.00 for that tree. The City of Fayetteville hereby offers $690.00 for the rights associated with the permanent easement (3,429 square feet) and $200.00 as landscaping damages for a total offer of $890.00. This letter will be made a part of the contract by addendum and must be honored by the contractor hired by the City of Fayetteville for this project. If you have any problems or any questions, please don't hesitate to contact Jill Goddard at (479) 444-3407, Holly Jones at (479) 444-3414, Sid Norbash, Project Manager, at (479) 575-8205, or I can be reached at (479) 575-8330. .E. Director ' 113 West Mountain 72701 479-575-8206 FAX 479-575-8202 1 I I i I I I I I Tayve evi Ie ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS November 30, 2005 Lee and Helen Hobel, Co -Trustees Hobel Revocable Trust 5223 Wedington Drive Fayetteville, AR 72704 RE: Project No. 05015 Wedington Drive WIS Line Relocations Tract 36 Side Letter Dear Mr. and Mrs. Hobel: After your meeting with Ms. Jones on November 22, the city agrees as follows: ENGINEERING DIVISION root system. I ne city understands that mis tree may still be damaged and will guarantee that it this tree dies as a direct result of the work done in association with this bore or the installation of the water line, within three years of said construction, you will be compensated accordingly and the tree will be removed by the City of Fayetteville. Natural causes such as disease and lightning strikes which may cause the death of this tree do not qualify for replacement compensation. • The city's contractor will return your property to a condition as good as or better than it was found. ' The City of Fayetteville hereby offers $500.00 for the rights associated with the permanent easement (2,504 square feet). The permanent easement amount is figured at 20% of the fee simple value. This letter will be made a part of the contract by addendum and must be honored by the contractor hired by the City of Fayetteville for this project If you have any problems or any questions, please don't hesitate to contact Jill Goddard at (479) 444-3407, Holly Jones at (479) 444-3414, Sid Norbash, Project Manager, at (479) 575-8205, or I can be reached at (479) 575-8330. I I I I [1 I E. Director 113 West Mountain 72701 479-575-8206 FAX 479-575-8202 TayeV THE CITY OF FAYETTEVILLE, ARKANSAS November 30, 2005 William O. Schnerre, Trustee Schnerre Family Trust 5315 Wedington Drive Fayetteville, AR 72704 Project No. 05015 Wedington Drive W/S Line Relocations Tract 39 Side Letter Dear Mr. Schnerre: ENGINEERING DIVISION After your meeting with Ms. Jones this afternoon, the city agrees as follows: The city's contractor will directional bore under your driveway to avoid damaging it This will create a bore hole in your yard that will be filled and covered. For any settling that occurs, the contractor will return to make necessary repairs. This letter will be made a part of the contract by addendum and must. be honored by the contractor hired by the City of Fayetteville for this project If you have any problems or any questions, please don't hesitate to contact Jill Goddard at (479) 444-3407, Holly Jones at (479) 444-3414, Sid Norbash, Project Manager, at (479) 575-8205, or I can be reached at (479) 575-8330. 113 West Mountain 72701 FAX e aj e evi le ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS ENGINEERING DIVISION I November 17, 2005 Marcus B. Hill 5295 Wedington Drive Fayetteville, AR 72704 I. ' Dear Mr. Hill: I I I I I I I I I I RE: Project No. 05015 Wedington Drive W/S Line Relocations Tract 41 Side Letter After your fiancee's meeting with Ms. Jones yesterday, the City of Fayetteville would like to agree to the following: city understands that this tree may still be damaged and will guarantee that if this tree dies as a direct result of the work done in association with this bore or the installation of the water line, within three years of said construction, you will be compensated accordingly and the tree will be removed by the City of Fayetteville. Natural causes such as disease and lightning strikes which may cause the death of this tree do not qualify for replacement compensation. • The other two trees on either end of the property are outside the easement and cannot be guaranteed but our contractor will protect them as much as possible during construction. This letter will be made a part of the contract by addendum and must be honored by the contractor hired by the City of Fayetteville for this project. If you have any problems or any questions, please don't hesitate to contact Jill Goddard at (479) 444-3407, Holly Jones at (479)444-3414, Sid Norbash, Project Manager, at (479) 575-8205, or I can be reached at (479) 575-8330. Director 113 West Mountain 72701 479-575-8206 FAX 479-575-8202 I I] I I I I I TEt'et :evt. i e ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS November 16, 2005 Floyd H. Cox, Jr. 5102 Wedington Drive Fayetteville, AR 72704 Dear Mr. Cox: RE: Project No. 05015 Wedington Drive W/S Line Relocations Tract 42 Side Letter ENGINEERING 0MSION ' After your meeting with Ms. Jones this morning, the City agrees to the following: • The city's contractor will notify you of their presence on your property before they begin work. • The contractor will do a short bore under the sweet gum tree in your front yard to protect it from destruction during construction. The city understands that this tree may still be damaged and will guarantee that if this tree dies as a direct result of the work done in association with this bore or the installation of the water line, within three years of said construction, you will be compensated accordingly and the tree will be removed by the City of Fayetteville. Natural causes such as disease and lightning strikes which may cause the death of this tree do not qualify for replacement compensation. • The contractor will provide tree protection for the walnut tree on your easement area. We will also make the same guarantee for this tree as the sweet gum. Compensation on these trees will be based on values at local nurseries at the time needed. • The City of Fayetteville would like to pay you $300.00 for two Bradford Pear trees on the east end of the easement area. Hopefully, our contractor won't have to remove two trees and will be able to work in the space of one. • The City of Fayetteville would like to pay you $300.00 for two pine trees on the west end of the easement area. Hopefully, our contractor won't have to remove two trees and will be able to work in the space of one. The City of Fayetteville will still pay $1,220.00 for the rights associated with the permanent easement (6,422 square feet). The above values will be landscaping damages and will be added to your original offer, making the total amount of your check $1,820.00. This letter will be made a part of the contract by addendum and must be honored by the contractor hired ' by the City of Fayetteville for this project. If you have any problems or any questions, please don't hesitate to contact Jill Goddard at (479) 444-3407, Holly Jones at (479) 444-3414, Sid Norbash, Project Manager, at (479) 5-8205 or I can be reached at (479) 575-8330. vOVIU f9SCuID,Lr.L. Water rJd Wa tewater Director ' 113 West Mountain 72701 479-575-8206 FAX 479-575-8202 Taye Ie •.• ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS ENGINEERING DMSION ' November 28, 2005 ' Michael A. and Linda S. Davis 4559 Wedington Drive Fayetteville, AR 72704 RE: Project No. 05015 Wedington Drive W/S Line Relocations Tract 47 Side Letter Dear Mr. and Mrs. Davis: ' After your meeting with Ms. Jones on November 22, 2005, the City of Fayetteville, agrees as follows: • The City of Fayetteville will pay you $1,500.00 for the 32° Oak tree as shown on the plans in the NW I. comer of the easement area and the tree will be removed from your property, by the contractor, as part of this waterline construction project • The City's contractor will short bore under the root system of the tree in the center of the easement area described on the plans as a 25" Oak. The city understands that this tree may still be damaged and will guarantee that if this tree dies as a direct result of the work done in association with this bore or the installation of the water line, within three years of said construction, you will be compensated accordingly and the tree will be removed by the City of Fayetteville. Natural causes ' such as disease and lightning strikes which may cause the death of this tree do not qualify for replacement compensation. • The contractor cannot block access to your driveway. You must have access to your property at all times, if it appears that this may not be possible, contractor must let you know in advance so that you can park a vehicle next door. • This property should be left in as good as, or better condition than it was found by the city's contractor. I• This property owner does not wish to have any equipment stored or left overnight on their property. The City of Fayetteville hereby offers $580.00 for the rights associated with the permanent easement ' (2,888 square feet), and $1,500.00 in landscaping damages for the loss of the 320 Oak; for a total offer of $2,080.00. This letter will be made a part of the contract by addendum and must be honored by the contractor hired by the City of Fayetteville for this project If you have any problems or any questions, please don't hesitate to contact Jill Goddard at (479) 444-3407, Holly Jones at (479) 444-3414, Sid Norbash, Project Manager, at (479) 575-8205, or I can be reached at (479) 575-8330. I I [_1 Director 113 West Mountain 72701 479-575-8206 I II J IPART1 GENERAL I I SECTION 01014, PROTECTION OF THE ENVIRONMENT 1.01 WORK AREAS A. The Contractor shall maintain all work areas within and outside the project boundaries free from environmental pollution which would be in violation to any federal, state, or local regulations. 1.02 PROTECTION OF TREES A. The numerous large trees and ornamental trees along the pipeline route shall be protected to the maximum extent possible. If it becomes apparent that the planned pipe route will result in damage to specific trees, and alternate routes may be possible that would minimize damages, advise the Engineer to determine if route adjustments can be made. 1 1.03 PROTECTION OF SEWERS I A. Take adequate measures to prevent the impairment of the operation of the existing sewer system. Prevent construction material, pavement, concrete, earth, or other debris from entering a sewer or sewerage structure. ' 1.04 PROTECTION OF WATERWAYS I I A. The Contractor shall observe the rules and regulations of the State of Arkansas and agencies of the United States Government prohibiting the pollution of stream or river waters by dumping of any refuse, rubbish, or debris therein. B. The Contractor shall be responsible for providing an approved method which will handle, carry through, or divert around his work all flows, including storm flows so as to prevent flooding damage to the property. 1 1.05 MAINTENANCE OF SEWAGE FLOW IN EXISTING LINES I I I I A. The Contractor shall be required to install temporary piping, temporary pump station, or other facilities as necessary to maintain sewage flow in areas where the construction activities would otherwise lead to raw sewage discharge. 1.06 DEWATERING A. The Contractor shall construct, maintain, and operate all channels, flume drain, sumps, pumps, and/or other temporary diversion and protection works, shall furnish all materials required therefore, and shall furnish, install, maintain, and operate all necessary pumping and other equipment for the environmentally -safe removal and disposal of water from the various parts of the work. IFY042165 Wedington Drive Water & Sewer Section 01014 - 1 I I OI 1.08 199119 1.10 PROTECTION OF AIR QUALITY A. Trash burning will not be permitted on the construction site. B. If temporary heating devices are necessary for protection of the work, such devices shall be of an approved type that will not cause pollution of the air. CONSTRUCTION NOISE CONTROL A. The Contractor shall conduct all his work, use.appropriate construction methods and equipment, and furnish and install acoustical barriers, all as necessary so that no noise emanating from the process or any related tool or equipment will exceed legal noise levels. NIGHTTIME WORK A. If the Contractor desires to perform any work between the hours of 6 P.M. and 7 A.M., he shall obtain approval of the Engineer and all necessary permits from the appropriate agencies and make all necessary arrangements prior to commencing. EROSION CONTROL A. The Contractor shall take steps to insure that excess erosion does not occur during the construction process or during the period between the rough cleanup and the time when a grass stand is established. Areas subject to erosion shall be protected with hay bales, by spreading hay over the area, by temporary seeding, or by utilizing other methods deemed appropriate by the Contractor. At points where lines cross creeks, the potential for erosion of the backfilled creek bank shall be reduced by spreading rip -rap over the affected area. Erosion control procedures shall also conform to SECTION 02150, STORM WATER POLLUTION PREVENTION. 1.11 PAYMENT A. Payment for the work in this section will be included as part of the applicable unit price bid amounts stated in the Proposal. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION I I I I I I I I I I I I H I FY042165 Wedington Drive Water & Sewer Section 01014-2 ' U I I SECTION 01016 SAFETY REQUIREMENTS AND PROTECTION OF PROPERTY PARTI GENERAL ' 1.01 CONTRACTOR'S RESPONSIBILITY FOR SAFETY I ' 1.02 A. The Contractor shall do whatever work is necessary for safety and be solely and completely responsible for conditions of the jobsite, including safety of all persons (including employees) and property during the Contract period. This requirement shall apply continuously and not be limited to normal working hours. FEDERAL, STATE, AND LOCAL SAFETY REQUIREMENTS ' A. Safety provisions shall conform to the Federal and State Department of Labor Occupational Safety Health Act (OSHA), and all other applicable federal, state, county, and local laws, ordinances, codes, the requirements set forth herein, and any regulations that may be specified in other parts of these Contract Documents. Where any of these are in conflict, the more stringent requirements shall be followed. The Contractor's failure to thoroughly familiarize himself with the aforementioned safety ' provisions shall not relieve him from compliance with the obligations and penalties set forth therein. ' B. The Contractor shall comply with trench safety regulations appended hereto. 1.03 SAFE ACCESS BY FEDERAL, STATE, AND LOCAL GOVERNMENT OFFICIALS A. The Contractor shall at all times provide proper facilities for safe access to the work by authorized government officials. 1.04 CONSTRUCTION SAFETY PROGRAM ' A. The Contractor shall develop and maintain for the duration of this Contract, a safety program that will effectively incorporate and implement all required safety provisions. The Contractor shall appoint an employee who is qualified and ' authorized to supervise and enforce compliance with the safety program. B. The duty of the Engineer to conduct construction review of the Contractor's performance is not intended to include a review or approval of the adequacy of the Contractor's safety supervisors, the safety program, or any safety measures taken in, on, or near the construction site. I LI IFY042165 Wedington Drive Water & Sewer Section 01016 - 1 I 1.05 SAFETY EQUIPMENT ' A. The Contractor, as part of his safety program, shall maintain at his office or other ' well-known place at the jobsite, safety equipment applicable to the work as prescribed by the governing safety authorities, all articles necessary for giving , first -aid to the injured, and shall establish the procedure for the immediate removal to a hospital or a doctor's care of any person who may be injured on the jobsite. B. The performance of all work and all completed construction, particularly with respect to ladders, platforms, structure openings, scaffolding, shoring, lagging, machinery guards and the like, shall be in accordance with the applicable governing safety authorities. ' C. During construction, the Contractor shall construct and at all times maintain satisfactory and substantial temporary chain link fencing, solid fencing, railing, barricades or steel plates, as applicable, at all openings, obstructions, or other hazards in sidewalks, floors, roofs, walkways, parking areas and driveways. All such barriers shall have adequate warning lights as necessary, or required, for safety. 1.06 ACCIDENT REPORTS A. If death or serious injuries or serious damages are caused, the accident shall be ' reported immediately by telephone or messenger to the Engineer. In addition, the Contractor must promptly report in writing to the Engineer all accidents whatsoever arising out of, or in connection with, the performance of the work whether on, or adjacent to, the site, giving full details and statements of witnesses. B. If a claim is made by anyone against the Contractor or any subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the Engineer, giving full details of the claim. 1.07 TRAFFIC SAFETY AND ACCESS TO PROPERTY ' A. Comply with all rules and regulations of the city, state, and county authorities regarding closing or restricting the use of public streets or highways. No public or private road shall be closed, except by express permission of the Owner. Conduct the work so as to assure the least possible obstruction to traffic and normal commercial pursuits. Protect all obstructions within traveled roadways by installing approved signs, barricades, and lights where necessary for the safety of the public. The convenience of the general public and residents adjacent to the project, and the protection of persons and property are of prime importance and shall be provided for in an adequate and satisfactory manner. B. When flagmen and guards are required by regulation or when deemed necessary for safety, they shall be furnished with approved orange wearing apparel and other regulation traffic control devices. I FY042165 Wedington Drive Water & Sewer Section 01016 - 2 1 U 1.08 TRAFFIC CONTROL A. Traffic control procedures and devices used on all local, county, and state rights -of -way shall meet the requirements of the applicable current laws and regulations for traffic control. 1.09 ACCESS FOR POLICE A. The Contractor shall leave his night emergency telephone number or numbers with the Fayetteville Police Department, so that contact may be made easily at all times. 1.10 FIRE PREVENTION AND PROTECTION A . The Contractor shall perform all work in a fire -safe manner and shall supply and maintain on the site adequate fire -fighting equipment capable of extinguishing incipient fires. The Contractor shall comply with applicable federal, local, and state fire -prevention regulations. Where these regulations do not apply, applicable parts of the National Fire Prevention Standards for Safeguarding Building Construction ' Operations, (NFPA No. 241) shall be followed. 1.11 USE OF EXPLOSIVES A. When explosives are used, the Contractor shall comply with all Federal, State and Local Regulations. The Contractor shall take all precautions necessary to protect lives, property, and utilities. B. The Contractor shall obtain the services of a qualified seismic consultant to do a preblast survey on all structures and utilities closer than 300 feet to determine the ' condition of each before blasting. The seismic consultant shall install and operate seismic monitoring equipment at structures closer than 300 feet. C. A postblast survey will be made if complaints are received about damage due to blasting. D. The Contractor shall obtain a Certificate of Insurance covering such blasting ' operations. The amount of such coverage shall be the same as the requirements for public liability insurance in the General Conditions (Article 35). E. The Contractor shall work out a mutual agreeable blasting procedure with the utility companies before blasting adjacent to utilities. Certain utilities, including gas pipelines and fiber optics, will not permit blasting within a minimum distance. 1.12 JOINT SURVEY TO ESTABLISH AUTHENTICITY OF POSSIBLE DAMAGE CLAIMS A. The Contractor shall establish vertical and horizontal survey control points on all ' structures, and improvements, located in the vicinity of the blasting work prior to beginning work, and shall periodically check the points for movements when directed by the Engineer. The Contractor shall furnish the Engineer with copies of the survey notes for each survey and a copy of the layout of the survey control points. FY042165 Wedington Drive Water & Sewer Section 01016-3 I B. After the Contract is awarded and before the commencement of work, the Contractor ' shall make a thorough examination of all existing buildings, structures, and other improvements in the vicinity of the work, as applicable, which might be damaged by his operation. C. Examination of existing buildings, structures, and other improvement in the vicinity of the work shall be made jointly by authorized representatives of the Contractor, the Owner, and the Engineer. The scope of the examination shall include cracks in structures, settlement, leakage, and similar conditions. D. Records of all observations shall be prepared by the Contractor and every copy of every document shall be signed by the authorized representative of the Owner and of the Contractor. One signed copy of every document and photograph will be kept in file in the office of the Engineer. E. The above records and photographs are intended to use as indisputable evidence in ascertaining the extent of any damage which may occur as a result of the Contractor's operations and are for the protection of the Contractor, and the Owner, and will be a means of determining whether and to what extent damage, resulting from the ' Contractor's operations, occurred during the Contract work. 1.13 CONTRACTOR TO SAFEGUARD EXISTING UTILITIES A. The Contractor shall perform all work, including excavation, dewatering, and ' demolition operations, in such a manner as to avoid damage to existing water mains, fire hydrants, sewer lines, gas mains, telephone and TV cables, power poles, lighting standards, and all other existing utilities, public or private. See Section 01011, SITE CONDITIONS. 1.14 PROTECTION OF PUBLIC/PRIVATE PROPERTY ' A. The Contractor shall employ such means and methods as necessary to adequately protect public and private property against damage. In the event of damage to such property, the Contractor shall, at his own expense, immediately restore the property to a condition equal to its original condition and to the satisfaction of the Engineer and the owner of said property. B. The Contractor shall exercise due care to avoid damage to existing pipe and coatings, wrappings, sewers, conduit, or other existing utilities. Should the Contractor damage or displace any of the above, the Contractor shall repair same to the satisfaction of the Engineer and all expenses in connection therewith shall be borne solely by the Contractor. ' C. Some of the work to be done under this Contract will be performed on private property. A permanent and a temporary easement has been obtained from the property owner for construction purposes. The easement does not permit the wanton destruction of trees, shrubs, walls, water and sewer services, or other improvements. The Contractor shall safeguard and restore the properties to a condition as near equal as possible to that found prior to entering them. In some cases, particular instruction will be given the Contractor relative to the protection of certain improvements, and in all cases, lawns will be hand -raked (after all settlement of the trench backfill has occurred) and seeded and fertilized. Since this work is being performed on behalf of FY042165 Wellington Drive Water & Sewer Section 01016 - 4 ' 1.15 D. A. the City of Fayetteville, good public relations and cooperation with the property owners shall be exercised by the Contractor. The Contractor shall construct all necessary temporary fencing for the containment of all pets in fenced lawns, and livestock in fenced fields. Upon completion of the project all fencing will be repaired to a permanent nature. PAYMENT Payment for the work in this Section will be included as part of the unit price bid amounts stated in the Proposal. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION FY042165 Wedington Drive Water & Sewer Section 01016-5 I I I I SECTION 01027 APPLICATIONS FOR PAYMENT PART1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Procedures for preparation and submittal of Applications for Payment. 1.02 RELATED REQUIREMENTS I A. Document 00500 - Owner -Contractor Agreement: Contract Sum, Amounts of Progress Payments, and Retainages, and times for submittals. IB. Section 01300 - Submittals: Submittal procedures; Schedule of Values. I C [I I I I I C. Section 01700 - Contract Closeout: Final Payment. 1.03 FORMAT A. For each item, provide a column for listing: Item Number; Description of Work; Scheduled Value, Previous Applications; Work in Place; Stored Materials; Authorized Change Orders; Total Completed and Stored to Date of Application; Percentage of Completion; Balance to Finish; and Retainage. A. B. C. D. E. 1.05 A. B. 1.06 A. PREPARATION OF APPLICATION Type required information or use media -driven printout. Execute certification by signature of authorized officer. Provide dollar value in each column for each line item for portion of Work performed and for stored products. List each authorized Change Order as an extension on continuation sheet, listing Change Order number and dollar amount as for an original item of Work. Prepare Application for Final Payment as specified in Section 01700. SUBMITTAL PROCEDURES Submit five copies of each Application for Payment at times stipulated in Agreement. Submit under transmittal letter specified in Section 01300. SUBSTANTIATING DATA Provide an invoice from the Material Supplier for every item of stored material for which payment is requested. IFY042165 Wedington Drive Water & Sewer Section 01027 - 1 B. When Engineer requires substantiating information, submit data justifying line item amounts in question. C. Provide one copy of data with cover letter for each copy of submittal. Show Application number and date, and line item by number and description. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION FY042165 Wedington Drive Water & Sewer Section 01027 - 2 SECTION 01028 CHANGE ORDER PROCEDURES 1 1 1 1 1.01 REQUIREMENTS INCLUDED A. Procedures for processing Change Orders. 1.02 RELATED REQUIREMENTS A. Section 01700 - Contract Closeout: Project record documents. 1.03 SUBMITTALS A. Submit name of the individual authorized to accept changes, and to be responsible for informing others in Contractor's employ of changes in the Work. B. Change Order Form: As approved by the Engineer. 1.04 DOCUMENTATION OF CHANGE IN CONTRACT SUM AND CONTRACT TIME A. Document each quotation for a change in cost or time with sufficient data to allow evaluation of the quotation. B. Provide data to support computations: 1. Quantities of products, labor, and equipment. 2. Taxes, insurance and bonds. 3. Overhead and profit. 4. Justification for any change in Contract Time. 5. Credit for deletions from Contract, similarly documented. C. Support each claim for additional costs, and for work done, 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. FY042165 Wedington Drive Water & Sewer Section 01028 -1 4. Invoices and receipts for products, equipment, and subcontracts, similarly documented. 1.05 PRELIMINARY PROCEDURES I A. Engineer may submit a Proposal Request which includes: Detailed description of change with supplementary or revised Drawings and Specifications, the projected time for executing the change and the period of time during which the requested price will be considered valid. B. Contractor may initiate a change by submittal of a request to Engineer describing the proposed change with a statement of the reason for the change, and the effect on Contract Sum and Contract Time with full documentation. 1.06 CONSTRUCTION CHANGE AUTHORIZATION - WORK DIRECTIVE CHANGE A. Engineer may issue a directive, signed by Owner, instructing Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. B. Directive will describe changes in the Work, and will designate method of determining any change in Contract Sum or Contract Time. C. Promptly execute the change in Work. 1.07 TIME AND MATERIAL - FORCE ACCOUNT CHANGE ORDER A. Submit itemized account and supporting data after completion of change, within time limits in Conditions of the Contract. B. Engineer will determine the change allowable in Contract Sum and Contract Time as provided in Conditions of the Contract. 1.08 EXECUTION OF CHANGE ORDERS 1 A. Engineer will issue Change Orders for signatures of parties as provided in Conditions of the Contract. 1.09 CORRELATION OF CONTRACTOR SUBMITTALS A. Promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Sum as shown on Change Order. B. Promptly enter changes in Project Record Documents. I FY042165 Wedington Drive Water & Sewer Section 01028 -2 ' SECTION 01070 CUTTING AND PATCHING PART1 GENERAL 1.01 SCOPE A. This Section includes the work required to provide complete, in place, cutting, fitting, and patching of new and existing work. 1.02 GENERAL A. See CONDITIONS OF THE CONTRACT and Division 1, GENERAL REQUIREMENTS, which contain information and requirements that apply to the work specified herein and are mandatory for this project. 1.03 DESCRIPTION A. Execute cutting (including excavating), fitting, or patching of work, required to: 1. Make the several parts fit properly. 2. Uncover work to provide for installation of ill-timed work. 3. Remove and replace work not conforming to requirements of Contract Documents. 4. Remove and replace defective work. 5. Install specified work in existing construction. B. In addition to Contract requirements, upon written instructions of Engineer: 1. Uncover work to provide for Engineer's observation of covered work. 2. Remove samples of installed materials for testing. 3. Remove work to provide for alteration of existing work. 4. Do not endanger any work by cutting or altering work or any part of it. 5. Do not cut or alter work of another contractor without written consent of Engineer 6. Do not cut structural or reinforcing steel without written consent of the Engineer. FY042165 Wedington Drivew Water & Sewer Section 01070-1 I 1.04 SUBMITTALS DURING CONSTRUCTION A. Submittals during construction shall be made in accordance with Section 01300, SUBMITTALS DURING CONSTRUCTION, in Division 1, GENERAL REQUIREMENTS. 1.05 SUBMITTALS 1 A. Prior to cutting which affects structural safety of project, submit written notice to the Engineer and other Prime Contractors, requesting consent to proceed with cutting. B. Prior to "extra" cutting and patching done on instruction of Engineer, submit cost ' estimate. C. Should conditions of work, or schedule, indicate change of materials or methods, ' submit written recommendation to Engineer, including: 1. Conditions indicating change. 2. Recommendations for alternative materials or methods. 3. Submittals as required for substitutions. ' 4. Submit written notice to Engineer, designating time work will be uncovered, to provide for observation. PART 2 MATERIALS 2.01 GENERAL A. Materials for replacement of work removed shall comply with applicable sections of these Specifications for type of work to be done. B. Provide all tools and equipment required to accomplish cutting and patching. PART 3 EXECUTION 3.01 INSPECTION A. Inspect existing conditions of work, including elements subject to movement or damage during cutting, patching, excavation, and backfilling. B. After uncovering work, inspect conditions affecting installation of new products. 3.02 PREPARATION A. Prior to cutting, provide shoring and protection. I II FY042165 Wedington Drivew Water & Sewer Section 01070-2 1 I Li 3.03 PERFORMANCE" IA. Execute fitting and adjustment of products to provide finished installation to comply with specified tolerance and finishes. ' B. Restore work which has been cut or removed; install new products to provide completed work in accordance with requirements of Contract Documents. C. Refinish surfaces as practical to provide a finish which blends acceptably with the ' existing finish. 3.04 RESTORATION A. Restore structures and surfaces damaged during the course of this Contract that are to remain in the completed work. B. Restorations shall be done with new materials and appropriate methods as specified elsewhere in these Specifications from new work of similar nature; or, if not specified, best recommended practice of manufacturer, or appropriate trade association. IC. Restore damaged work in such a way that there is a secure and intimate bond or fastening between new and old work. Restored surfaces shall be finished to such planes, shapes, and textures that no obvious transition between new and old work is ' unduly noticeable in finished surfaces. 3.05 CLEANING ' A. Remove from site all debris, rubbish, and extra material caused by cutting and patching. 3.06 PAYMENT A. Payment for the work in this Section will be included as part of the unit price bid amounts stated in the Proposal. END OF SECTION I I I 1 IFY042165 Wedington Drivew Water & Sewer Section 01070-3 I I I ' PART1 GENERAL 1.01 SUMMARY SECTION 01210" PRECONSTRUCTION CONFERENCES A. Contractor participation in preconstruction conferences. 1.02 RELATED SECTIONS ' A. Section 01009 - Summary of Work. I I I I I I 1.03 PRECONSTRUCTION CONFERENCE A. Engineer will schedule conference as soon as practicable after receipt of approved bonds and proof of insurance. B. Attendance: 1. Owner 2. Engineer 3. Contractor 4. Major Subcontractors 5. Arkansas Highway and Transportation Dept. C. Agenda: 1. Distribution of Contract Documents. 2. Submittal of list of subcontractors, list of products, schedule of values, and progress schedule. 3. Designation of responsible personnel. 4. Procedures and processing of field decisions, submittals, substitutions, applications for payments, bid requests, change orders, and Contract closeout procedures. 5. Scheduling. 6. Responsibilities of Engineer. 7. Responsibilities of Owner. 8. Responsibilities of Contractor. 9. General Discussion of Contract. 10. Staking of Work. 11. Construction Observation. 12. Labor Requirements. 13. Rights -of -Way and Easements. 14. Other items as required by funding agencies. 15. Use of premises by Owner and Contractor. 16. Owner's requirements. 17. Construction facilities and controls provided by Owner. 18. Temporary utilities provided by Owner. 19. Security and housekeeping procedures. 20. Schedules. 21. Procedures for testing. ' FY04265 Wedington Drive Water & Sewer Section 01210-1 22. Procedures for maintaining record documents. 23. Requirements for startup of equipment. 24. Inspection and acceptance of equipment put into service during construction period. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION FY04265 Wedington Drive Water & Sewer Section 01210-2 I ' r'' SECTION 01300 -•- SUBMITTALS DURING CONSTRUCTION PART1 GENERAL 1.01 SUBMITTALS A. This Section outlines in general the items that the Contractor must prepare or assemble for submittal during the progress of the work. Costs for the work under this Section shall be included in the appropriate items of the Contractor's bid prices. There is no attempt herein to state in detail all of the procedures and requirements for each submittal. The Contractor's attention is directed to the individual Specification sections in these Contract Documents which may contain additional and special ' submittal requirements. The Owner reserves the right to direct and modify the procedures and requirements for submittals as necessary to accomplish the specific purpose of each submittal. Should the Contractor be in doubt as to the procedure, purpose, or extent of any submittal, he should direct his inquiry to the Engineer. 1.02 ADMINISTRATIVE SUBMITTALS ' A. The Contractor shall provide all of the submittals required by the General Conditions, Supplementary Conditions, and as may be specifically required in other parts of these 1 Documents. B. The Contractor is reminded of his obligation as required by law to make required submittals promptly to the applicable Federal, state, or local agency. Failure to comply with this requirement may result in the withholding or progress payments and make the Contractor liable for other prescribed action and sanctions. ' PART 2 TECIINICAL SUBMITTALS ' 2.01 GENERAL A. Requirements in this Section are in addition to any specific requirements for submittals specified in other Divisions and Sections of these Contract Documents. B. Submittals to the Engineer shall be addressed to: McClelland Consulting Engineers, ' Inc.; Attn: Mr. Robert White, P.O. Box 1229, Fayetteville, Arkansas 72702. C. Submitted data shall be fully sufficient in detail for determination of compliance with the Contract Documents. D. Review, acceptance, or approval of substitutions, schedules, shop drawings, lists of materials, and procedures submitted or requested by the Contractor shall not add to the Contract amount, and all additional costs which may result therefrom shall be solely the obligation of the Contractor. I IFY042165 Wedington Drive Water & Sewer Section 01300 -1 I E. The Owner is not precluded, by virtue of review, acceptance, or approval, from obtaining a credit for construction savings resulting from allowed concessions in the work or materials therefore. F. It shall not be the responsibility of the Owner to provide engineering or other services to protect the Contractor from additional costs accruing from such approvals. G. No equipment or material for which listings, drawings, or descriptive material is required shall be fabricated, purchased, or installed until the Engineer has on hand copies of such approved lists and the appropriately stamped final shop drawings. H. Submittals will be acted upon by the Engineer as promptly as possible, and returned ' to the Contractor not later than the time allowed for review in SHOP DRAWING SUBMITTAL PROCEDURE. Delays caused by the need for resubmittals shall not constitute reason for an extension of Contract time. 2.02 SHOP DRAWING SUBMITTAL PROCEDURE 'atk? 2.04 A. See General and Supplemental Conditions. ' TRANSMITTAL OF CONTRACTOR'S SUBMITTAL FORM A. Each shop drawing submittal shall be accomplished by a Transmittal of Contractor's , Submittal form. The form shall be completely filled in with all applicable information; failure to do so shall result in immediate rejection of the submitted ' items. SHOP DRAWING REQUIREMENTS A. Shop drawings referred to herein shall include shop drawings and other submittals for both shop and field -fabricated items. The Contractor shall submit, as applicable, the following for all prefabricated or manufactured structural, mechanical, electrical, plumbing, process systems, and equipment: 1. GENERAL ' a. Shop drawings or equipment drawings, including dimensions, size and location of connections to other work, and weight of equipment. b. Catalog information and cuts. c. Installation or placing drawings for equipment, drives, and bases. ' d. Supporting calculations for equipment and associated supports, or ' hangers required or specified to be designed by equipment manufacturers. _ e. Complete manufacturer's specifications, including materials description and paint system. f. Performance data. FY042165 Wedington Drive Water & Sewer Section 01300 -2 ' I u fl IH U g. Suggested spare parts list with current price information. h. List of special tools required for checking, testing, parts replacement, and maintenance. (Special tools are those which have been specially designed or adapted for use on parts of the equipment, and which are not customarily and routinely carried by maintenance mechanics.) List of special tools furnished with the equipment. j. List of materials and supplies required for the equipment prior to, and during start-up. Ik. List of materials and supplied furnished with the equipment. I [I I � H Samples of finish colors for selection. m. Special handling instructions. n. Requirements for storage and protection prior to installation. o. Requirements for routine maintenance required prior to start-up. 2.05 SUBMITTALS REQUIRED FOR FOREIGN -MANUFACTURED ITEMS A. In addition to the submittal requirements stated above, suppliers of foreign -manufactured items shall submit the names and addresses of companies within the United States that maintain technical service representatives and complete inventory of spare parts and accessories for each foreign -made item proposed for incorporation into the work. Failure to prove the foregoing capabilities shall be just cause for rejection of the foreign -manufactured items. 1 2.06 RECORD DRAWINGS I I [1 I ii I A. The Engineer will prepare a set of Record Drawings for the project which will include the changes made in materials, equipment, locations, and dimensions of the work. Two weeks prior to Final Inspection, the Contractor shall submit to the Engineer a current listing and description including marked -up prints of each change incorporated into the work since the preceding submittal. 2.07 SUBMITTAL OF INTERFACE INFORMATION (CONNECTION AND CORRELATION WITH OTHER WORK) A. Where called for on the Specifications, and as determined necessary by the Engineer to provide proper correlation with other equipment, complete interface information shall be submitted. This interface information shall be accurate, and contain all information necessary to allow the completion of detail design and construction of the interfacing or connecting work. The Contractor shall include in his negotiation for subcontract work, such agreements as may be necessary to ensure the accuracy of subcontractor's interface submittal information. In the event additional costs are incurred due to subsequent changes to information given in said interface information, such additional costs shall be borne by the Contractor. IFY042165 Wedington Drive Water & Sewer Section 01300 -3 I I 2.08 SAMPLES AND TEST SPECIMENS A. Where required in the Specifications, test specimens or samples of materials, , appliances, and fittings to be used or offered for use in connection with the Work shall be submitted to the Engineer at the Contractor's expense, with information as to their sources, with all cartage charges prepaid, and in such quantities and sizes as may be required for proper examination and tests to establish the quality or equality thereof, as applicable. B. All samples and test specimens shall be submitted in ample time to enable the Engineer to make any tests or examinations necessary without delay to the work. The Contractor will be held responsible for any loss of time due to his neglect or failure to deliver the required samples to the Engineer, as specified. C. The Contractor shall submit additional samples as required by the Engineer to ensure equality with the original approved sample and/or for determination of Specification compliance. D. Laboratory tests and examinations that the Owner elects to make at its own laboratory will be made at no cost to the Contractor, except that, if a sample of any material or equipment proposed for use by the Contractor fails to meet the Specifications, the cost of testing subsequent samples shall be borne by the Contractor. E. All tests required by the Specifications to be performed by an independent laboratory shall be made by an approved laboratory. Certified test results of all specified tests shall be submitted in duplicate to the Engineer. The samples furnished and the cost for the laboratory services shall be at the expense of the Contractor and included in the prices bid for the associated work. 2.09 CERTIFICATES OF COMPLIANCE A. A Certificate of Compliance shall be furnished for materials specified to a recognized standard or code prior to the use of any such materials in the work. The Engineer may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all respects with the requirements of the Specifications. A Certificate of Compliance shall be furnished with each lot of material delivered to the work and the lot so certified shall be clearly identified in the certificate. ' B. All materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material in the work which conforms to the requirements of the Contract Documents and any such material not conforming to such requirements will be subject to rejection whether in place or not. C. The Engineer reserves the right to refuse permission for use as material on the basis of a Certificate of Compliance. , FY042165 Wedington Drive Water & Sewer Section 01300 -4 D. The form of the Certificate of Compliance and its disposition shall be as directed by the Engineer. .lr-. "�•t E. Where Certification of Compliance is required in the Technical Specifications, the Contractor shall obtain from the supplier/manufacturer a certification stating that the particular piece of equipment or system will satisfy all requirements stated in the related Specification Section(s). 2.10 PAYMENT A. Payment for the work in this Section will be included as part of the unit price bid amounts stated in the proposal. PART 3 EXECUTION Not Used. END OF SECTION FY042165 Wedington Drive Water & Sewer Section 01300 -5 I I SECTION 01311 r' SCHEDULE AND SEQUENCE OF OPERATIONS PART1 GENERAL ' 1.01 CONSTRUCTION SCHEDULE GENERAL PROVISIONS I A. No work shall be done between 6:00 P.M. and 7:00 A.M. nor on Saturdays, Sundays or legal holidays without the written permission of the Engineer. However, emergency work during these hours may be done without prior permission. ' 1.02 A. 1.03 I I I I SEQUENCE OF CONSTRUCTION The Contractor shall submit a diagram or chart indicating the construction sequencing and duration of each construction activity. OVERALL SCHEDULE A. Immediately after opening bids, the low bidder will prepare a detailed schedule showing the sequence of work items to be accomplished. B. Schedule to be comprised of construction operations covering Work in connection with this Contract and shown in sufficient detail and with a minimum of work activi- ties. 1. Final total number of activities is subject to approval of Engineer. 2. Work Activity: Activity for which manpower is required and must be performed before the Project is considered complete. IPART 2 PROGRESS OF THE WORK I I I I 2.01 GENERAL A. The work shall be started within 10 days of the Notice to Proceed from the Owner, and the work shall be executed with such progress as may be required to prevent any delay to other contractors who may be working on other utilities in this vicinity, or to the general completion of the project. B. The work shall be executed at such times and in or on such parts of the project, and with such forces, materials, and equipment to assure completion of the work in the time established by the Contract. 2.02 OVERTIME NOTICE ' A. See GENERAL CONDITIONS and SUPPLEMENTAL CONDITIONS. 2.03 PRECONSTRUCTION AND PROJECT COORDINATION MEETINGS ' A. A Preconstruction Conference and Project Coordination Meetings shall be held per IFY042165 Wedington Drive Water & Sewer Section 01311-1 2.04 the requirements of Section 01210 of these Specifications. OVERALL SCHEDULE A. The Contractor will be required to prepare and submit to the Engineer within 30 days after the award of Contract, an Overall Schedule. The Overall Schedule shall be comprised of construction operations covering all work to be done in connection with the Contract. B. The Overall Schedule covering work to be executed under the Contract shall be of sufficient detail and shall have a minimum of work activities. The final total number of activities shall be subject to the approval of the Engineer. A work activity is defined as an activity for which manpower is required and must be performed before the project is considered complete. C. The Overall Schedule shall indicate the sequence of work and the time of starting and completion of each part. It shall include, but not be limited to, the following items, as they pertain to the respective contractors: 1. Shop drawing receipt from Contractor, submitted to the Engineer, review, and return to Contractor. 2. Material and equipment order, manufacture, delivery, installation, and check-out. 3. Piping and materials installation and surface restoration. 4. Performance tests and supervisory service activities. 5. Pressure testing and disinfection of the piping. 6. Transfer of the meter service lines from the old piping to the new piping. 7. Capping the existing mains at designated locations and abandoning the existing mains and valves so designated. 8. Final cleaning. I I I I I I I I H I I I 9. Allowance for inclement weather. 2.05 PAYMENT A. PART 3 No separate payment shall be made for work under this Section. EXECUTION Not Used. END OF SECTION I I I H FY042165 Wedington Drive Water & Sewer Section 01311-2 , SECTION 01400 {y... QUALITY CONTROL PART1 GENERAL 1.01 REQUIREMENTS INCLUDED A. General Quality Control. B. Workmanship. C. Manufacturer's Instructions. D. Manufacturer's Certificates. E. Mockups. F. Manufacturers' Field Services. G. Testing Laboratory Services. 1.02 RELATED REQUIREMENTS A. Section 01300 - Submittals: Submittal of Manufacturer's Instructions. B. Section 02200: Tests required for earthwork. C. Section 03300: Tests required for concrete. 1.03 QUALITY CONTROL, GENERAL A. Maintain quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce work of specified quality. 1.04 WORKMANSHIP A. Comply with industry standards except when more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. B. Perform work by persons qualified to produce workmanship of specified quality. C. Secure products in place with positive anchorage devices designed and sized to withstand stresses, vibration, and racking. 1.05 MANUFACTURERS' INSTRUCTIONS A. Comply with instructions in full detail, including each step in sequence. Should instructions conflict with Contract Documents, request clarification from Engineer before proceeding. FY042165 Wedington Drive Water & Sewer Section 01400-1 r I� Lu 1.06 MANUFACTURERS' CERTIFICATES A. When required by individual Specifications Section, submit manufacturer's certificate, in duplicate, that products meet or exceed specified requirements. 1.07 MOCKUPS Not used. , 1.08 MANUFACTURERS' FIELD SERVICES A. When specified in respective Specification Sections, require supplier or manufacturer , to provide qualified personnel to observe field conditions, conditions of surfaces and installation, quality of workmanship, start-up of equipment, test, adjust and balance of equipment as applicable, and to make appropriate recommendations. B. Representative shall submit written report to Engineer listing observations and recommendations. 1.09 TESTING LABORATORY SERVICES A. Owner will employ a Testing Laboratory to perform inspections, tests, and other services required by individual Specification Sections. B. Owner shall pay fof initial laboratory testing of earthwork, base, asphalt, and concrete. If, however, initial test fails, retesting must be paid for by the Contractor. C. Services will be performed in accordance with requirements of governing authorities ' and with specified standards. D. Reports will be submitted to Engineer, Owner and Contractor giving observations ' and results of tests, indicating compliance or non-compliance with specified standards and with Contract Documents. E. Contractor shall cooperate with Testing Laboratory personnel; furnish tools, samples of materials, design mix, equipment, storage and assistance as requested. 1. Notify Engineer/Testing Laboratory 24 hours prior to expected time for operations requiring testing services. 2. Make arrangements with Testing Laboratory and pay for additional samples and tests for Contractor's convenience. PART 2 PRODUCTS Not Used. ' PART 3 EXECUTION Not Used. END OF SECTION I FY042165 Wedington Drive Water & Sewer Section 01400-2 ' I ' SECTION 01500 . TEMPORARY CONSTRUCTION FACILITIES AND UTILITIES ' PARTI GENERAL 1.01 LAYOUT OF TEMPORARY FACILITIES A. The Contractor shall make his own arrangements for storage of materials and equipment in locations on and off the construction site. Security of the construction work, materials, and equipment is the sole responsibility of the Contractor. 1.02 STORAGE BUILDINGS A. The Contractor shall erect or provide as approved, temporary storage buildings of the various sizes as required for the protection of mechanical and electrical equipment and materials as recommended by manufacturers of such equipment and materials. The buildings shall be provided with such environmental control systems that meet recommendations of manufacturers of all equipment and materials stored in the buildings. The buildings shall be of sufficient size and so arranged or partitioned to provide security for their contents and provide ready access for inspection and inventory. At or near the completion of the work, and as directed by the Engineer, the temporary storage buildings shall be dismantled, removed from the site, and remain the property of the Contractor. B. Combustible materials (paints, solvents, fuels, etc.) shall be stored in a well -ventilated building removed from other buildings. 1.03 STORAGE YARDS A. The Contractor shall construct temporary storage yards for the storage of materials that are not subject to damage by weather conditions. Materials such as pipe, reinforcing and structural steel, shall be stored on pallets or racks, off the ground, and stored in a manner to allow ready access for inspection and inventory. Temporary gravel surfacing of the storage yards shall meet with the approval of the Engineer and Owner. Storage areas shall be restored to their initial condition once they are no longer needed. 1.04 CONTRACTOR'S WORK AREA ' A. The Contractor shall limit his operations and storage of equipment materials to the areas authorized by individual property owners and approved by the Engineer and Owner. B. The Contractor shall maintain the area during construction in a manner that will not obstruct operations of any existing roads. He shall proceed with his work in an orderly manner, maintaining the construction site free of debris and unnecessary equipment or materials. FY042165 Wedington Drive Water & Sewer Section 01500 - 1 I 1.05 TEMPORARY ACCESS ROADS AND PARKING A. The Contractor shall construct temporary construction access roads, parking areas, and detours as are required to execute the work. The roads shall meet with the approval of the Engineer, and be maintained in good condition until no longer needed; at which time the temporary roads shall be removed and the area left in a condition satisfactory to the property owner and Engineer. 1.06 TEMPORARY WATER CONTROL , A. Rough grade site to prevent standing water and to direct surface drainage away from ' excavations, trenches, adjoining properties, and public rights -of -way. B. Maintain excavations and trenches free of water. Provide and operate pumping equipment of a capacity to control water flow. ' C. Provide piping to handle pumping outflow to discharge in a manner to avoid erosion or deposit of silt. ' D. Remove equipment and installation when no longer needed. PART 2 UTILITIES ' 2.01 CODES AND SAFETY ' A. The Contractor shall be responsible for obtaining inspections and paying for permits required for the installation of all temporary utilities. Also, the Contractor shall be solely responsible for the safe use/operation of all temporary utilities. 2.02 SANITARY FACILITIES ' A. The Contractor shall provide and maintain sanitary facilities for his employees and his subcontractors' employees that will comply with the regulations of the local and State health departments and as directed by the Engineer. 2.03 TEMPORARY WATER , A. The Owner will provide a place of temporary connection for water near the site if the Contractor desires and if it can be determined that the Contractor's usage will not interfere with the Owner's normal requirements. The Contractor shall provide all temporary piping required to bring the water to the point of use and remove it when no longer needed. The Contractor shall make a conscientious effort to conserve water in his uses. B. The Contractor will provide required pumps, pressure tanks, etc. if necessary to boost pressure at his points of usage. i I FY042165 Wedington Drive Water & Sewer Section 01500 - 2 1 I 1 2.04 WATER FOR TESTING I I I A. The Owner shall provide the necessary water required for testing equipment and water lines prior to acceptance of the work, unless otherwise specifically stated in the Specifications for the equipment, system, or facility. B. In the event that the water lines leak, requiring refilling and retesting, the Contractor shall pay for the water required for second and subsequent filling and testing. Payment will be made in accordance with the City's water rates. 2.05 PROTECTION OF THE FINISHED CONSTRUCTION 1 1 2.06 1 1 1 1 A. The Contractor shall assume the responsibility for the protection of all finished construction and shall repair and restore any and all damage to finished work to its original or better state. REMOVAL OF TEMPORARY FACILITIES AND UTILITIES A. At such time or times any temporary construction facilities and utilities are no longer required for the work, the Contractor shall notify the Engineer of his intent and schedule for removal of the temporary facilities and utilities, and obtain the Engineer's approval before removing the same. As approved, the Contractor shall remove the temporary facilities and utilities from the site as his property and leave the site in such condition as specified, as directed by the Engineer, and/or as shown on the Drawings. B. In unfinished areas, the condition of the site shall be left in a condition that will restore original drainage, evenly graded, seeded as necessary, and left with an appearance equal to, or better than, original. 1 2.07 A. 1 I PAYMENT Payment for the work under this Section will be included as part of the unit price bid amounts stated in the Proposal. *444Iiliyyf0)N Not Used. END OF SECTION I I ' FY042165 Wedington Drive Water & Sewer Section 01500-3 SECTION 01600 MATERIAL AND EQUIPMENT SHIPMENT, HANDLING, STORAGE, AND PROTECTION PART1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Products. B. Transportation and Handling. C. Storage and Protection. D. Product Options. E. Products List. F. Substitutions. G. Systems Demonstration. 1.02 RELATED REQUIREMENTS A. Section 01009 - Administrative Provisions: Summary of Work B. Section 01400 - Quality Control: Submittal of manufacturers' certificates. 1.03 PRODUCTS A. Products include material, equipment, and systems. B. Comply with Specifications and referenced standards as minimum requirements. C. Components required to be supplied in quantity within a Specification Section shall be the same, and shall be interchangeable. D. Do not use materials and equipment removed from existing structure. 1.04 TRANSPORTATION AND HANDLING A. Transport products by methods to avoid product damage; deliver in undamaged condition in manufacturer's unopened containers or packaging, dry. B. Provide equipment and personnel to handle products by methods to prevent soiling or damage. C. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged. FY042165 Wedington Drive Water & Sewer Section 01600-1 I 1.05 STORAGE AND PROTECTION A. Store products in accordance with manufacturer's instructions, with seals and labels intact and legible. Store sensitive products in weather -tight enclosures; maintain within temperature and humidity ranges required by manufacturer's instructions. B. For exterior storage of fabricated products, place on sloped supports above ground. , Cover products subject to deterioration with impervious sheet covering; provide ventilation to avoid condensation. C. Store loose granular materials on• solid surfaces in a well -drained area; prevent mixing with foreign matter. D. Arrange storage to provide access for inspection. Periodically inspect to assure products are undamaged, and are maintained under required conditions. 1.06 PRODUCT OPTIONS A. Not Used. 1.07 PRODUCTS LIST A. Not Used. ' 1.08 SUBSTITUTIONS A. Document each request for substitution with complete data substantiating compliance of proposed substitution with Contract Documents. B. Request constitutes a representation that Contractor: Has investigated proposed product and determined that it meets or exceeds, in I all respects, specified product. 2. Will provide the same warranty for substitution as for specified product. ' 3. Will coordinate installation and make other changes which may be required for Work to be complete in all respects. 4. Waives claims for additional costs which may subsequently become apparent. C. Substitutions will not be considered when they are indicated or implied on shop ' drawing or product data submittals without separate written request, or when acceptance will require substantial revision of Contract Documents, or when said substitution will not result in significant cost savings to the Owner, or result in some material advantage being gained by the Owner. D. Engineer will determine acceptability of proposed substitution, and will notify Contractor of acceptance or rejection in writing within a reasonable time following the opening of Bids. FY042165 Wedington Drive Water & Sewer Section 01600-2 , E. Only one request for substitution will be considered for each product. When substitution is not accepted, provide specified product. ' 1.09 SYSTEMS DEMONSTRATION A. Prior to final inspection, demonstrate operation of each system to Engineer and Owner. ' PART 2 PRODUCTS Not Used. I PART 3 EXECUTION Not Used. END OF SECTION •1 1 1 FY042165 Wedington Drive Water & Sewer Section 01600-3 I I I I PARTI GENERAL 1.01 SCOPE SECTION 01700•. CONTRACT CLOSEOUT IA. This Section outlines the procedure to be followed in closing out all contracts. 1.02 SUBSTANTIAL COMPLETION A. The substantial completion date for the Contract shall be established as stated in the General Conditions. U 1.03 FINAL INSPECTION I I I I I I 1 1.04 I I A. After final cleaning and upon written notice from the Contractor that the work is completed, the Engineer will make a preliminary inspection with the Owner and Contractor present. Upon completion of this preliminary inspection, the Engineer will notify the Contractor, in writing, of any particulars in which this inspection reveals that the work is defective or incomplete. B. Upon receiving written notice from the Engineer, the Contractor shall immediately undertake the work required to remedy defects and complete the work to the satisfaction of the Owner. C. When the Contractor has corrected or completed the items as listed in the Engineer's written notice, he shall inform the Engineer, in writing, that the required work has been completed. Upon receipt of this notice, the Engineer, in the presence of the Owner and Contractor, shall make his final inspection of the project. D. Should the Engineer find all work satisfactory at the time of his inspection, the Contractor will be allowed to make application for final payment in accordance with the provisions of the General Conditions. Should the Engineer still find deficiencies in the work, the Engineer will inform the Contractor of the deficiencies and will deny the Contractor's request for final payment until such time as the Contractor has satisfactorily completed the required work. E. All water courses, gutters, and ditches shall be opened and left in a condition satisfactory to the Engineer. FINAL SUBMITTALS A. No contract will be finalized until all of the following have been submitted as required in Section 01300, SUBMITTALS DURING CONSTRUCTION. 1. Final shop drawings 2. Record drawings 3. Interface information ' FY042165 Wedington Drive Water & Sewer Section 01700 - 1 L B. No contract will be finalized until all submittals required in Section 01720, PROJECT RECORD DOCUMENTS, have been submitted. 1.05 GUARANTEES, BONDS, AND AFFIDAVITS I A. No contract will be finalized until all guarantees, performance tests, bonds, certificates, licenses, and affidavits required for work or equipment as specified are satisfactorily filed with the Owner. 1.06 ACCESSORY ITEMS I A. All Contractors furnishing and/or installing equipment on this project shall provide to the Owner, upon acceptance of the equipment, all special accessories required to place each item of equipment in full operation. These special accessory items include, but are not limited to, adequate oil and grease as required for the first lubrication of the equipment, light bulbs, fuses, valve keys, handwheels, and other expendable items as required for initial startup and operation of all equipment. 1.07 RELEASE OF LIENS OR CLAIMS A. 1.08 A. PART 2 PART 3 No contract will be finalized until satisfactory evidence of release of liens has been submitted to the Owner as required by the General Conditions. FINAL PAYMENT Final payment will be made to the Contractor in accordance with the General Conditions. PRODUCTS Not Used. EXECUTION Not Used. END OF SECTION L! I I 1 I I I Li FY042165 Wedington Drive Water & Sewer Section 01700 -2 1 J I I Li 1 I I PARTI GENERAL 1.01 SCOPE ' 1.02 1 I I I I I Li SECTION 01710 CLEAN-UP A. This Section covers the work necessary for cleaning during construction and final cleaning on completion of the work. B. At all times maintain areas covered by the Contract and public and private properties free from accumulations of waste, debris, and rubbish caused by construction operations. C. Conduct cleaning and disposal operations to comply with local ordinances and anti -pollution laws. Do not burn or bury rubbish and waste materials on project site. Do not dispose of volatile wastes such as mineral spirits, oil, or paint thinner in storm or sanitary drains. Do no dispose of wastes into streams or waterways. D. Use only cleaning materials recommended by manufacturer of surface to be cleaned. E. Use cleaning materials only on surfaces recommended by cleaning material manufacturers. CLEANING DURING CONSTRUCTION A. During execution of work, clean site and all properties (public and private) and dispose of waste materials, debris, and rubbish to assure that buildings, grounds, and properties are maintained free from accumulations of waste materials and rubbish. B. Wet down dry materials and rubbish to lay dust and prevent blowing dust. C. Provide approved containers for collection and disposal of waste materials, debris, and rubbish. D. Remove grease, dust, dirt, stains, labels, and other foreign materials from exposed and semi -exposed surfaces. E. Repair, patch, and touch up marred surfaces to specified finish to match adjacent surfaces. F. Broom clean paved surfaces, rake clean other surfaces or grounds. G. Handle materials in a controlled manner with as few handlings as possible; do not drop or throw materials from heights. H. Schedule cleaning operations so that dust and other contaminants resulting from cleaning process will not fall on wet, newly painted surfaces. ' FY042165 Wedington Drive Water & Sewer Section 01710-1 1.03 FINAL CLEANING A. At the completion of work on all contracts and immediately prior to final inspection, cleaning of the entire project will be accomplished. B. Employ experienced workers, or professional cleaners, for final cleaning. C. Repair, patch, and touch up marred surfaces to specified finish, to match adjacent surfaces. D. Remove from the Owner's property all temporary structures and all materials, equipment, and appurtenances not required as a part of, or appurtenant to, the completed work. See Section 01500, TEMPORARY CONSTRUCTION FACILITIES AND UTILITIES. 1.04 PAYMENT A. Payment for the work in this Section will be included as part of the unit price bid amounts stated in the Proposal. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION FY042165 Wedington Drive Water & Sewer Section 01710 -2 I 1 1 1 1 I 1 1 I 1 SECTION 01720'' PROJECT RECORD DOCUMENTS PART1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Maintenance of Record Documents and Samples. B. Submittal of Record Documents and Samples. 1.02 RELATED REQUIREMENTS A. Document 00700 - General Conditions: Documents at the site. B. Section 01300 - Submittals: Shop drawings, product data, and samples. C. Section 01700 - Contract Closeout: Closeout procedures. D. Section 01700 - Contract Closeout: Operation and maintenance data. E. Individual Specifications Sections: Manufacturer's certificates and certificates of inspection. 1.03 MAINTENANCE OF DOCUMENTS AND SAMPLES A. In addition to requirements in General Conditions, maintain at the site one record copy of: 1. Contract Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other modifications to the Contract. 5. Reviewed shop drawings, product data, and samples. 6. Field test records. 7. Inspection certificates. 8. Manufacturer's certificates. B. Store Record Documents in Field Office apart from documents used for construction. Provide files, racks, and secure storage for Record Documents. FY042165 Wedington Drive Water & Sewer Section 01720 - 1 I C. Label and file Record Documents in accordance with Section number listing in Table of Contents of this Project Manual. Label each document "PROJECT RECORD" in neat, large, printed letters. D. E. 1.04 A. B. C. D. 1.05 E. 19 A. Maintain Record Documents in a clean, dry and legible condition. Do not use Record Documents for construction purposes. Keep Record Documents and samples available for inspection by Engineer. I I C RECORDING Record information on a set of blue line opaque drawings, and in a copy of a Project Manual. Provide felt tip marking pens, maintaining separate colors for each major system, for recording information. ' Record information concurrently with construction progress. Do not conceal any work until required information is recorded. Contract Drawings and Shop Drawings: Legibly mark each item to record actual construction, including: 1. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 2. Field changes of dimension and detail. 3. Changes made by Modifications. 4. Details not on original Contract Drawings. Specifications: Legibly mark each item to record actual construction, including: 1. Manufacturer, trade name, and catalog number of each product actually installed, particularly optional items and substitute items. 2. Changes made by Addenda and Modifications. Other Documents: Maintain manufacturer's certifications, inspection certifications, field test records, etc., required by individual Specifications sections. SUBMITTALS At Contract closeout, deliver Record Documents and samples under provisions of Section 01700. I I FY042165 Wedington Drive Water & Sewer Section 01720 - 2 ' B. Transmit with cover letter in duplicate, listing: 1. Date. 2. Project title and number. 3. Contractor's name, address, and telephone number. 4. Number and title of each Record Document. 5. Signature of Contractor or authorized representative. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION FY042165 Wedington Drive Water & Sewer Section 01720 - 3 I ' SECTION 02102 CLEARING, GRUBBING, AND STRIPPING PART1 GENERAL 1.01 SCOPE A. This Section covers the work necessary to remove all interfering or objectionable material from the designated areas of work. B. This work shall also include the preservation from injury or defacement of all ' vegetation and existing objects designated to remain. C. Review with the Engineer's Representative the location, limits, and methods to be used prior to commencing the work under this Section. ' PART 2 MATERIALS AND PROCEDURES 2.01 GENERAL ' A. Provide all materials, suitable and in adequate quantity, required to accomplish the work as specified herein. 2.02 CLEARING - DEFINITION A. Clearing shall consist of cutting, removing, and disposing of trees, snags, stumps, ' shrubs, brush, limbs, and other vegetative growth, and shall be performed in such a manner as to remove all evidence of their presence from the surface and shall be inclusive of sticks and branches greater than 2 inches in diameter or thickness. ' Clearing shall also include the removal and disposal of trash piles, rubbish, and fencing; and the preservation of trees, shrubs, and vegetative growth which are not designated for removal. 2.03 CUTTING TIMBER IA. Not required. 2.04 PRESERVATION OF TREES, SHRUBS AND OTHER VEGETATION ' A. Protect trees, shrubbery and other vegetation not designated for removal from damage resulting from the Work. Cut and remove tree branches only where, in the opinion of the Engineer, such cutting is necessary to effect construction operation. ' Remove branches other than those required to effect the work to provide a balanced appearance of any tree, as approved prior to removal. Scars resulting from the removal of branches shall be treated with an approved tree sealant. 1 I IFY042165 Wedington Drive Water & Sewer Section 02102 - 1 I B. Trees and shrubbery adjacent to the water line easements shall be protected and preserved to the maximum extent possible. Damage to vegetation outside the limits of the permanent and construction easements may result in damage claims against the Contractor. C. Ornamental trees, shrubs, fruit trees, etc., shall be protected from damage even if they are located within the limits of the pipeline easement. Obtain Engineer's approval to modify the pipe route, it alternative routes will minimize impact on these plantings. If such plantings must be removed, protect and replant the plantings. If plantings are damaged during the process or if they die during the one year warranty period, replace the planting in kind. 2.05 GRUBBING - DEFINITION A. Grubbing shall consist of the removal and disposal of wood or root matter below the ground surface remaining after clearing and shall include stumps, trunks, roots, or root systems greater than 2 inches in diameter or thickness to a depth of 18 inches below the ground surface. 2.06 CLEARING AND GRUBBING LIMITS A. All areas within the limits of construction upon which fill is to be placed, structures or reservoirs built, excavations made, or, access roads constructed, shall be cleared and grubbed. These areas shall be cleared and grubbed in stages as the construction area is increased, to ensure that no more clearing and grubbing is done than necessary. B. Grubbing may be restricted to those areas defined in Paragraph A, at the Contractor's discretion. Grubbing along water or sewer lines is required only within the limits of the trench width. 2.07 DISPOSAL OF CLEARING AND GRUBBING DEBRIS A. Burning is not allowed. ' B. Clearing and grubbing debris shall be promptly removed from the site and disposed of in accordance with all local laws, codes, and ordinances. The Contractor shall bear full responsibility for lawful and safe disposal of all cleared and grubbed material. Excess earth and rock shall be disposed of off -site, at the Contractor's sole expense. 2.08 STRIPPING - DEFINITION A. Stripping shall include the removal and disposal of all organic sod, topsoil, grass and grass roots, and other objectionable material remaining after clearing and grubbing from the areas designated to be stripped. The exact depth of stripping will be determined by the Engineer. Topsoil requirements are specified in Section 02200, EARTHWORK. 1 I FY042165 Wedington Drive Water & Sewer Section 02102 -2 , 2.09 DISPOSAL OF STRIPPINGS .. A. Topsoil from the strippings shall be stockpiled and used for the finished site grading. Excess topsoil may be graded evenly over the Owner's property, or disposed of off -site at the Contractor's option. 2.10 PAYMENT A. Payment for the work in this Section will be included as part of the applicable unit price or lump sum amounts stated in the Proposal. No separate payment will be made. PART 3 EXECUTION Not Used. END OF SECTION FY042165 Wedington Drive Water & Sewer Section 02102 - 3 I J I I I I I I I I II1 SECTION 02150 STORM WATER POLLUTION PREVENTION PART1 GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract including GENERAL and SUPPLEMENTARY CONDITIONS, and other Division 1 Specifications Sections apply to the Work specified in this Section. It&at0101a0 A. This work shall consist of temporary erosion control measures needed to control erosion and water pollution, through the use of berms, sediment basins, sediment dams, fiber glass roving, silt fences, brush barriers, baled straw erosion checks, temporary flexible pipe slope drains and temporary seeding. B. Temporary erosion control measures shall be performed promptly when problem conditions exist or when potential problems are anticipated in certain areas in order to minimize soil erosion and siltation. The temporary erosion control measures shall be properly maintained until permanent erosion control features are functioning properly. C. The Contractor shall comply with all Federal, State and local laws and regulations controlling pollution of the environment. He shall take necessary precautions to prevent pollution of streams, lakes, ponds and reservoirs with fuel, oils, bitumens, chemicals, soil sedimentation or other harmful materials and to prevent pollution of the atmosphere from particulate gaseous matter. 1.03 RELATED WORK SPECIFIED IN OTHER SECTIONS ' A. Section 02102 - Clearing, Grubbing and Stripping I I I I I B. Section 02200 - Earthwork, Trench Excavation and Backfill. 1.04 QUALITY CONTROL A. At the Preconstruction Conference or prior to the start of the applicable construction, the Contractor shall submit, to the Owner and Engineer, his schedule for the accomplishment of temporary and permanent erosion control work as is applicable for clearing, grubbing, trenching, and backfill. The location of the project, nature of the soil, topographic features and proximity to water courses shall be considered when imposing such limitations. ' FY042165 Wedington Drive Water & Sewer Section 02150 - 1 I PART 2 MATERIALS 2.01 SEED AND FERTILIZER A. See Section 02485. ' 2.02 STRAW BALES A. Straw shall be the threshed plant residue of oats, wheat, barley, rye or rice from which the grain has been removed. 2.03 FENCE OR WIRE FABRIC A. The fence fabric shall be a commercial grade of woven wire fence fabric. The wire fabric shall be a welded wire fabric. 2.04 FILTER FABRIC ' A. Install filter fabric where necessary to control erosion. PART 3 EXECUTION , 3.01 PERMITTING ' A. A permit and Storm Water Pollution Prevention Plan is required since the area to be ' disturbed is more than one acre. 3.02 EROSION CONTROL A. The Contractor shall schedule and conduct his operations in such a manner as to ' insure good erosion control practices so as to minimize soil erosion and prevent the contamination of and depositing of sediment in adjacent streams or other water courses, lakes, ponds, and other areas of water impoundment. Temporary erosion control measures which will contribute to the control of erosion and sedimentation shall be carried out in conjunction with clearing and grubbing and trenching operations. B. Permanent erosion control devices or measures shall consist of culvert pipe, terraces, gutters, bituminous curb, sectional drains, permanent slope drains, and the establishment of permanent vegetation (seeding), and when included in the contract they shall be incorporated in the construction with the least delay. Trenched area shall be seeded as the excavation proceeds to the extend considered by the Engineer as desirable or practicable. I FY042165 Wedington Drive Water & Sewer Section 02150 - 2 , C. The Contractor shall also conform to the following practices and controls: I H II [I I I I I 11 I I I I C] I C When the material is trenched erosion of the slopes shall be so controlled both during and after completion of the work that erosion will be minimized and sediment will not enter streams, wetlands or other bodies of water. Haul roads shall be located and constructed in a manner that will keep sediment from entering streams. 2. Pollutants such as fuels, lubricants, bitumens, raw sewage and other harmful materials shall not be discharged into or near rivers, streams or impoundments or into natural or man made channels leading thereto. Wash water or waste from concrete mixing operations shall not be allowed to enter live streams. 3. All applicable regulations of agencies and statues relating to the prevention and abatement of pollution shall be complied within the performance of the contract. E. All temporary erosion and sediment control structures shall be constructed as required to control erosion. All temporary structures shall be maintained in proper operating condition during the construction period until the seeding and fertilizing operation has been completed and the grass has been established in accordance with Section 02485 of the Specifications. F. Temporary erosion and sediment control, structures shall be maintained throughout the Contractors contract period. The temporary structures shall be removed and the site cleaned up only after the end of construction activity and the seeding and fertilizing operations are complete and the grass has been established. 3.03 INSPECTION A. The Contractor shall appoint as necessary, a qualified person(s) to conduct regularly scheduled inspections during his contract. Inspections shall be conducted, with a minimum frequency of every fourteen (14) calendar days or within 24 hours following the end of at least a 0.5 inch (1/2 inch) rainfall event, whichever is earliest. During the inspection, the following areas (as a minimum) will be inspected: Disturbed Areas - All areas of disturbed soil i.e. bare soil with no ground cover shall be inspected for signs of washing and erosion. 2. Material Storage Area - All central storage areas where materials/chemicals are stored for signs of spills, leaks and possible contamination. 3. Erosion and Sediment Control Measures - Inspect all erosion and sediment control measures for signs of wear, damage, remaining capacity level, usefulness, etc. FY042165 Wedington Drive Water & Sewer Section 02150 - 3 I 4. Discharge Locations - Immediately following, and possibly during, a significant rainfall event, inspect all discharge locations to ascertain the effectiveness of the control measures. 5. Entrance/Exit Locations - Inspect all exit points from the site for evidence of vehicle tracking. The inspector shall complete an inspection form for each inspection performed. As a minimum, the inspection form shall contain the following information: o Name and location of project. o Name and title of the inspector. o Date and time of the inspection. o Scope of the inspection. o Major observations made during the inspection. o Actions taken as a result of the inspection. 3.04 MAINTENANCE OF ROADWAYS ' A. The existing paved roadways at and adjacent to the construction locations shall be maintained in a clean and passable condition by the Contractor. When required oras requested by the Owner, AHTD, or the Engineer, the Contractor shall broom or wash the existing paved roadways to remove excess mud or dirt at the construction area and for a reasonable length of the existing roadway beyond the construction area. The work shall not be paid for directly, but shall be considered incidental to the other items of work and the cost included as a part of the work. 3.05 PAYMENT A. Payment for the work in this Section will be included as part of the applicable lump sum amount stated in the Proposal. Monthly progress payments for erosion control work will be made based on the percentage of pipe installed, backfilled and seeded. U END OF SECTION I I I FY042165 Wedington Drive Water & Sewer Section 02150 - 4 , SECTION 02200 EARTHWORK, TRENCH EXCAVATION AND BACKFILL PARTI GENERAL 1.01 SCOPE A. This Section covers the work necessary for the earthwork, trenching and backfilling complete. ' 1.02 DEFINITIONS - RELATIVE COMPACTION A. "Relative compaction" is defined as the ratio, in percent, of the as -compacted field ' dry density to the laboratory maximum dry density as determined by the Standard Proctor Test, ASTM D698. Corrections for oversize material shall be applied as required by the most current version of ASTM D-698 and in accordance with ASTM ' D-4718. 1.03 DEFINITIONS - OPTIMUM MOISTURE CONTENT A. "Optimum moisture content" is defined as the moisture content of the material for which the maximum dry density is obtained as determined by ASTM D698. ' Corrections for oversized material shall be applied as required by the most current version of ASTM D-698 and in accordance with ASTM D-4718. 1.04 SUBMITTALS ' A. Submittals shall be made in accordance with the GENERAL CONDITIONS, SECTION 01300, SUBMITTALS DURING CONSTRUCTION, and the ' requirements of this section. B. Provide the following submittals: ' 1. Samples for all imported material. PART 2 MATERIALS I. 2.01 GENERAL A. Provide all labor, materials, and equipment necessary to accomplish the work specified in this Section. 2.02 COMMON EXCAVATION A. Complete all common excavation regardless of the type, nature, or condition of the materials encountered. The Contractor shall make his own estimate of the kind and extent of the various materials to be excavated in order to accomplish the work. ' FY042165 Wedington Drive Water & Sewer Section 02200-1 I 2.03 EARTH FILL ' A. Excavated material free from roots, organic matter, trash, debris, rocks larger than 3 inches, and other deleterious materials. Suitable material may be obtained by the Contractor from the excavation for the proposed pipelines. Provide imported material of equivalent quality, if required to accomplish the work. Imported material shall be provided at the Contractor's sole expense. 2.04 GRANULAR FILL A. Imported GRANULAR FILL shall be 1 -1/2 -inch minus crushed gravel or crushed rock, free from dirt, clay balls, and organic material, well graded from coarse to fine, containing sufficient finer material for proper compaction, and less than 8 percent by weight passing the No. 200 sieve. Arkansas Highway and Transportation Department classification "Class -7 Base" shall qualify as GRANULAR FILL ' material. 2.05 SAND A. Imported natural sand or sand produced from crushed gravel or crushed rock, ' maximum size 5/16 inch, 80 percent shall pass a No. 4 sieve, free from clay and organic material, with a maximum of 8 percent passing the No. 200 sieve. ' 2.06 GRIT A. Imported crushed limestone screenings from concrete coarse aggregate, maximum ' size 1/2 inch. Waste material from mining operations shall not be used. 2.07 TRENCH STABILIZATION MATERIAL ' A. Three-inch minus river -run or pit -run gravel, free from clay balls, roots, and organic matter; well crushed gravel or crushed rock graded with less than 8 percent by weight passing the 1/4 -inch sieve. Submit samples for approval prior to delivery of the material to the site. 2.08 GRANULAR PIPE BASE AND PIPE ZONE MATERIAL A. Granular pipe base and pipe zone material for PVC pipe, as required by the typical trench details appended hereto, shall be SAND, GRIT, or angular rock not exceeding 3/ -inch maximum size. Additionally, Class 7 Base may be used as granular pipe base and pipe zone material with ductile iron pipe. Waste material from mining operations shall not be used. I I I FY042165 Wedington Drive Water & Sewer Section 02200-2 ' I I I H I •I I I 2.09 NATIVE PIPE BASE AND PIPE ZONE MATERIAL A. Not used. 2.10 BACKFILL ABOVE THE PIPE ZONE A. Materials from the excavation containing no particles larger than 6 -inch diameter, free from roots, debris, and organic material, when not otherwise specified on Drawings or Details. 2.11 TOPSOIL A. Selected topsoil at the site, properly stored and protected, free from roots, sticks, hard clay, and stones which will not pass through a 3 -inch square opening. Remove existing grass and overburden before topsoil is excavated. Provide imported topsoil of equal quality if required to accomplish the work. B. Where the trench is located in an existing alley, drive, or street, the trench shall be backfilled with Class -7 Base to the elevation and density indicated on the Drawing details. ' 2.12 FLOWABLE SELECT MATERIALS I I I I I I I A. The flowable select materials (flowable fill) shall be a plant mixed slurry of sand cement, flyash and water in a ratio of 28001b: 80-1001b: 220-3001b (max). This mixture shall be required to meet the minimum criteria of a compressive strength of 75 psi to 150 psi at 28 days. The specifications for the sand, cement, and flyash are found in Sections 03300 of these specifications. 2.13 WATER FOR COMPACTION A. Furnish as required. 2.14 COMPACTION EQUIPMENT A. Compaction equipment shall be of suitable type and adequate to obtain the densities specified. B. Compaction equipment shall be operated in strict accordance with the manufacturer's instructions and recommendations. Equipment shall be maintained in such condition that it will deliver the manufacturer's rated compactive effort. Hand -operated equipment shall be capable of achieving the specified densities. 2.15 MOISTURE CONTROL EQUIPMENT A. Equipment for applying water shall be of a type and quality adequate for the work, shall not leak, and shall be equipped with a distributor bar or other approved device to assure uniform application. Equipment for mixing and drying out material shall consist of blades, discs, or other approved equipment. I FY042165 Wedington Drive Water & Sewer Section 02200-3 CI 2.16 ROCK EXCAVATION A. Rock excavation is not a separate pay item and rock quantities will not be measured. Complete all excavation required for the construction of the water and sewer system components without regard to the type of materials to be encountered. The Contractor shall make soil investigations as he considers necessary for his own determination of the types of materials existing at the site. PART 3 EXECUTION ' 3.01 CLEARING, GRUBBING, AND STRIPPING A. Complete clearing and grubbing work as specified in Section 02102, CLEARING, GRUBBING, AND STRIPPING, prior to beginning work in this Section. 3.02 STRIPPING TOPSOIL A. Prior to beginning any excavation or fill, strip the topsoil to a depth of at least 6 inches or to a depth sufficient to remove all organic material and stockpile for future use. In general, topsoil shall be removed where structures are to be built, embankments or levees constructed, trenches dug, and roads, parking lots, walks, and similar improvements constructed within the areas presently covered with topsoil. Topsoil shall be stored clear of the construction area. Take reasonable care to prevent the topsoil from becoming mixed with subsoil or eroding. 3.03 COMMON EXCAVATION A. Perform all common excavation of every description, regardless of the type, nature, ' or condition of material encountered, as specified, shown, or required to accomplish the construction. 3.04 TRENCH AND EXCAVATION SAFETY SYSTEM A. The Contractor shall be solely responsible for making the excavation in a safe manner. Provide appropriate measures to retain excavation side slopes to ensure that men working in or near the excavation are protected. B. The current edition of the Occupational Safety and Health Administration (OSHA) ' Standard for Excavation and Trench Safety Systems, 29 CFR 1926, Subpart P. is hereby incorporated into these Specifications by reference and shall be deemed to be included in the Contract the same as though herein written out in full. C. The work included in the Bid Proposal for "Excavation and Trench Safety Systems" shall include the lump sum amount for providing the safety systems required to comply with the OSHA Safety Standard set forth above, in accordance with Act 291 of 1993 of the State of Arkansas. The Contractor shall comply with the provisions of said document for all excavations which equal or exceed 5 feet in depth. I FY042165 Wedington Drive Water & Sewer Section 02200-4 ' I I I I I I I I I CI 11 I I [1 I I I 3.05 LIMITS OF EXCAVATION A. Excavate to the depths and widths required. Allow for forms, working space, granular base, and finish topsoil where shown or required. Excavation carried below the grade lines shown or established by the Engineer shall be replaced with the same fill material as specified for the overlying fill or backfill, compacted as required for such overlying fill or backfill. Where the overlying area is not to receive fill or backfill, replace the over excavated material and compact to a density not less than that of the underlying ground. The Contractor shall correct all over excavated areas at the Contractor's sole expense. 3.06 REMOVAL OF WATER A. Provide and operate equipment adequate to keep all excavations and trenches free of water. Remove all water during period when concrete is being deposited, when pipe is being laid, during the placing of backfill unless water settling is required, and at such other times as required for efficient and safe execution of the work. Removal of groundwater shall be accomplished in a manner that will preserve the strength of the foundation soils, will not cause instability of the excavation slopes, and will not result in damage to existing structures. 3.07 PREPARATIONS FOR PLACING BACKFILLS A. Backfill around concrete structures only after the concrete has attained the specified compressive strength indicated in Section 03300, CONCRETE. Remove all form materials and trash from the excavation before placing any backfill. Obtain the Engineer's acceptance of concrete work and attained strength prior to backfilling. B. Do not operate earth -moving equipment within 5 feet of walls of concrete structures for the purpose of depositing or compacting backfill material. Compact backfill adjacent to concrete walls with hand -operated tampers or similar equipment that will not damage the structure. 3.08 TRENCH EXCAVATION AND BACKFILL A. Excavate for the installation of piping, utilities, and appurtenances. All obstructions, such as tree roots, stumps, abandoned concrete structures, and other material of any type shall be removed. 3.09 TRENCH WIDTH A. Minimum width of unsheeted trenches or the minimum clear width of sheeted trenches in soil trenches in which pipe is to be laid shall be 8 inches greater than the inside diameter of the pipe. Sheeting requirements shall be independent of trench width. The maximum clear width at the top of the pipe or above the pipe will not be limited, except in cases where excess width of excavation would cause damage to adjacent structures. B. Minimum trench width in rock excavation areas shall be 12 -inches greater than the inside diameter of the pipe. FY042165 Wedington Drive Water & Sewer Section 02200-5 I C. The maximum width for payment purposes, for GranularTrench Backfill shall be the pipe O.D. plus 24 -inches. 3.10 GRADE A. Carry the bottom of the trench to the depths shown, or as established by the Engineer. Allow for pipe thickness and for pipe base or special bedding when specified. Backfill any part of the trench excavated below grade with granular pipe base material or native pipe base material, as required by the details on the Drawings, and compact to a density equal to the undisturbed trench bottom. 3.11 SHORING, SHEETING, AND BRACING OF TRENCHES A. Erect, maintain, and remove shoring, sheeting, and bracing as required by all federal, state and local laws, codes and ordinances. 3.12 REMOVAL OF WATER A. Removal of water shall be accomplished as specified hereinbefore. 3.13 TRENCH STABILIZATION A. If the material in the bottom of the trench is unsuitable for supporting the pipe, ' excavate below the flow line to remove the unsuitable material, and backfill to the required grade with TRENCH STABILIZATION MATERIAL as specified hereinbefore. Unsuitable material is material which is not capable of supporting the pipe base material, pipe and/or backfill (i.e., organics, mud, large rocks, trash, etc.). 3.14 BASE FOR PVC AND DUCTILE IRON IN ROCK TRENCH ' A. Place a minimum 6 -inch thickness of GRANULAR PIPE BASE of the type hereinbefore specified. Place for the full width of the trench with the top of the granular base at flow line grade. Bed the pipe in the granular base so that the flow line is at the required grade and elevation. Place and finish the gravel base to grade ahead of the pipe laying operation. Place GRANULAR PIPE ZONE MATERIAL to a level 6 -inches above the top of the pipe. 3.15 BASE FOR PVC AND DUCTILE IRON WATER PIPE IN SOIL TRENCH A. Install 6 -inches minimum GRANULAR PIPE BASE AND PIPE ZONE MATERIAL below, around and above the water main. ' 3.16 TRENCH BACKFILL ABOVE THE PIPE ZONE A. In trenches under all structures, sidewalks, roads, piping, and similar facilities, except ' where specifically shown, deposit GRANULAR FILL (Class 7 Base), as specified hereinbefore, in horizontal lifts not exceeding 8 inches in uncompacted thickness. Compact to not less than 95 percent relative compaction. Repair any subsequent damage caused by settlement of trenches at the Contractor's sole expense. FY042165 Wedington Drive Water & Sewer Section 02200-6 ' I I I I I H it A II 3.17 3.18 n .l B. Where so directed by the Owner, substitute FLOWABLE FILL for GRANULAR FILL for backfill material under streets. C. Compaction within the limits of the highway right of way shall conform to the requirements of AHTD Standard Specifications, Section 306, 95% Compaction Standard. D. In trenches under non -paved alleys, driveways, parking areas and similar areas designated by the Engineer, backfill with "lightly consolidated" GRANULAR FILL (Class 7 Base) in horizontal lifts not exceeding 8 inches in uncompacted thickness. "Lightly consolidated" shall be interpreted as making a minimum of three (3) passes with a hand operated compactor. E. In other areas the excavated trench material may be used for backfill. Push by mechanical means, first onto the slope of the backfill previously placed and allow to roll down into the trench. Do not allow free fall of the material into the open trench. Under no circumstances allow sharp, heavy pieces of material to drop directly onto the pipe or the material in the pipe zone. Backfill material shall not exceed 1/4 cubic foot in size and shall be intermixed with finer material to produce completed fill that is free from detrimental voids and segregation. Neatly windrow the material over the trench to provide for future settlement. Any excess or deficiency of backfill material after settlement within the guarantee period shall be corrected by regrading and adding or removing material. SITE GRADING A. Perform all earthwork to the lines and grades as shown and/or established by the Engineer, with proper allowance for topsoil where specified or shown. Shape, trim, and finish slopes of channels to conform with the lines, grades, and cross sections shown. Make slopes free of all exposed roots and stones exceeding 3 -inch diameter which are loose and liable to fall. Round tops of banks to circular curbs, in general, not less than a 6 -foot radius. Rounded surfaces shall be neatly and smoothly trimmed. Over excavating and backfilling to the proper grade will not be acceptable. Finished site grading will be reviewed by the Engineer. DISPOSAL OF EXCESS EXCAVATION A. Dispose of all excess excavated materials, not required or suitable for use as backfill or fill, outside of the area of work. Contractor shall make his own arrangements for the disposal of the excavated material and bear all costs or retain any profit incidental to such disposal. SETTLEMENT A. Any settlement in backfill, fill, or in structures built over the backfill or fill, which may occur within the 1 -year guarantee period in the General Conditions will be considered to be caused by improper compaction methods and shall be corrected at the Contractor's sole expense. Any structures damaged by settlement shall be restored to their original condition by the Contractor at the Contractor's sole expense. FY042165 Wedington Drive Water & Sewer Section 02200-7 rI 3.20 DRAINAGE CULVERTS A. Replace in kind drainage culverts which are destroyed. If the culvert cannot be reused, dispose of it and furnish and install new pipe. All culverts shall be protected from damage or restored to equivalent condition, if damaged, at no cost to the Owner. B. Replace culverts to the existing lines and grades. Do not replace culverts until the , proposed pipeline is installed and the backfill of the trench has been completed to the subgrade of the culvert. 3.21 CONTAINMENT STRUCTURES A. Replace in kind, any containment structures such as cattle guard, fences, etc., which , are destroyed. If the structures cannot be reused, dispose of it and furnish and install as new at no cost to the Owner. 3.22 PAYMENT A. Payment for the work in this Section will be included as part of the unit price and lump sum bid amounts stated in the Proposal. B. Payment for trench excavation, GRANULAR PIPE BASE, GRANULAR PIPE ZONE MATERIAL and trench backfill for PVC or ductile iron pipe shall be included in the unit price of the pipe pay item. C. Payment for trench stabilization material will be based on the unit price per ton stated in the Proposal. Measurement will be based upon individual trip tickets of actual truck measure furnished the Engineer for tons used under this item. Trip tickets shall be presented to the Engineer for his signature on the day the material is delivered. No payment will be allowed on trip tickets not so validated by the Engineer. Payment for this item shall constitute full compensation for all materials, labor, ' equipment, and incidentals necessary to furnish materials at trench side and for placing and compacting it in the trench and for the extra depth of trench excavation required below the pipe base grade to provide for a stable base for the pipe. This item is to provide for unstable base encountered in the progress of the work and shall be used only under the direction of the Engineer. D. Payment for GRANULAR FILL (Class 7 Base) used for street and parking lot crossings, driveways and other authorized areas will be based on the unit price per ton stated in the Proposal, and the number of tons placed within the authorized limits. This payment shall constitute full compensation for the work as specified herein. Quantities for payment purposes shall be the actual number of tons used, based on truck weights and trip tickets signed by the Engineer. Trip tickets shall be presented to the Engineer for his signature on the day that the material is delivered. This pay item does not include payment for GRANULAR PIPE BASE and GRANULAR PIPE ZONE MATERIAL, as required by the Details. Include the cost of this material in the bid price for PVC and ductile iron water and sewer lines. E. If the Owner authorizes the use of FLOWABLE FILL instead of GRANULAR FILL for street backfill, payment for FLOWABLE FILL will be based on the unit price bid per cubic yard, as stated in the Proposal for the number of cubic yards placed and accepted within authorized limits. Quantities shall be measured based on truck FY042165 Wedington Drive Water & Sewer Section 02200-8 ' delivery tickets. Payment will not be made until test indicate that the FLOWABLE FILL meets the prescribed strength range (75 to 150 psi). F. No separate, payment will be made for rock excavation. Include the cost of any anticipated rock excavation in the unit price bid per foot of pipe. G. No separate payment will be made for providing and installing GRANULAR PIPE BASE AND PIPE ZONE MATERIAL. Include the cost of this material in the unit price bid per foot of pipe. H. No separate payment will be made for protecting, repairing and/or replacing existing culverts. END OF SECTION FY042165 Wedington Drive Water & Sewer Section 02200-9 SECTION 02218 LANDSCAPE GRADING PART1 GENERAL 1.01 WORK INCLUDED A. Finish grade subsoil. B. Place, level, and compact topsoil. 1.02 RELATED WORK A. Section 01400 - Quality Control: Compaction requirements of backfill. B. Section 02200 - Rough Grading: Subsoil contouring. C. Section 02200 - Backfilling: Backfilling and compacting fill. D. Section 02200 - Trenching: Excavation, backfill, and compacting fill in trenches. E. Section 02485 - Finish ground cover. 1.03 PROTECTION A. Protect landscaping and other features remaining as final work. B. Protect existing structures, fences, roads, sidewalks, paving, and curbs. PART 2 PRODUCTS 2.01 MATERIALS A. Topsoil: Reused or imported, friable loam; free of subsoil, roots, grass, excessive amount of weeds, stone, and foreign matter; acidity range (pH) of 5.5 to 7.5; containing a minimum of 4 percent and a maximum of 25 percent organic matter. PART 3 EXECUTION 3.01 INSPECTION A. Verify site conditions and note irregularities affecting work of this Section. B. Beginning work of this Section means acceptance of existing conditions. FY042165 Wedington Drive Water & Sewer Section 02218 - 1 3.02 SUBSOIL PREPARATION A. Eliminate uneven areas and low spots. Remove debris, roots, branches, stones in excess of 2 inches in size. Remove subsoil contaminated with petroleum products. B. Scarify subgrade to depth of 3 inches where topsoil is scheduled. Scarify in areas where equipment used for hauling and spreading topsoil has compacted subsoil. 3.03 PLACING TOPSOIL A. Place topsoil in areas where seeding is scheduled. B. Use topsoil in relatively dry state. Place during dry weather. C. Fine grade topsoil eliminating rough or low areas. Maintain levels, profiles, and contours of subgrade. D. Remove stone, roots, grass, weeds, debris, and foreign material while spreading. E. Manually spread topsoil around plants and structures to prevent damage. F. Lightly compact placed topsoil. G. Remove surplus subsoil and topsoil from site. H. Leave stockpile area and site clean and raked, ready to receive grass seeding. 3.04 TOLERANCES A. Top of Topsoil: Plus or minus 1 inch. 3.05 SCHEDULE OF LOCATIONS A. The following paragraphs identify compacted topsoil thicknesses for various locations. B. Seeded Grass: 6 inches. C. Garden Areas: 18 inches. 3.06 PAYMENT A. Payment for the work in this Section will be included as part of the unit price bid amounts for pipe, for work completed along pipelines. END OF SECTION FY042165 Wedington Drive Water & Sewer Section 02218-2 ' I SECTION 02223 " BORED HIGHWAY UNDERCROSSINGS PART1 GENERAL 1.01 SCOPE A. This Section covers the work necessary for the construction of the bored or punched undercrossings, complete, within the limits shown. It also covers installation of open cut casings where a minimum of 18 -inch vertical separation between water and sewer mains cannot be achieved. B. This Section also covers the completion of "short bores" under trees to be designated by the Owner. C. All necessary permits for the undercrossings will be obtained by the Owner. D. The operations on or in the edge of the highway right-of-way must conform to the requirements of the Arkansas Highway and Transportation Department (Permitter). Execute all necessary agreements and/or permits before entering upon or commencing any work on the highway right-of-way. Comply, also, with the applicable requirements of the GENERAL CONDITIONS and the SUPPLEMENTARY CONDITIONS. E. Most street crossings on this project are Fayetteville City streets and work in the vicinity of these streets shall conform to the Fayetteville street standards. 1.02 LOCATION A. Casing pipe locations are illustrated on the Drawings. PART 2 PRODUCTS 2.01 WATER AND SEWER PIPE A. Strength classification and type as shown in the Drawings and listed in the pipe specifications. B. All pipe inside casings shall have restrained joints. 2.02 UNDERCROSSING SCHEDULE A. Not used. FY042165 Wedington Drive Water & Sewer Section 02223-1 2.03 EXCAVATION I A. Excavation shall conform to Section 02200, EARTHWORK, TRENCH EXCAVATION AND BACKFILL. 2.04 IMPORTED GRANULAR PIPE BASE AND PIPE ZONE MATERIAL A. Conform to Section 02200, EARTHWORK, TRENCH EXCAVATION AND BACKFILL. 2.05 TRENCH BACKFILL A. Rock or foundation stabilization and granular backfill shall conform to Section 02200, EARTHWORK, TRENCH EXCAVATION AND BACKFILL. Compaction of backfill in the street right-of-way shall conform to Section 02200. 2.06 STEEL CASING PIPE A. Provide casing of size to permit proper construction to the required lines and grades. Casing shall be type shown below, fabricated in sections for welded field joints. B. The minimum wall thickness shall correspond to the following tables: ' I C I For Highway and Road Undercrossings Casing Smooth Steel Pipe Diameter in Minimum Wall Thickness Inches In Inches 2-14 3/16 ASTM A 53 15-24 1 /4 ASTM A 53 30-36 5/16 AWWA C201 C. Casing length shall be as necessary to conform to the criteria shown on the details on the Drawings. The Field Engineer will determine the specific casing length for each undercrossing. 2.07 A. 2.08 A. STAINLESS STEEL BANDS One -half -inch wide by 0.020 -inch thick, T-304 stainless steel bands, or equal. SEALS AND SUPPORTS Casing spacers will be used for the support of the carrier pipe. Carrier pipe shall be inserted within casing by use of model CCS stainless steel casing spacers as manufactured by Cascade Waterworks Mfg. Co. of Yorkville, IL or prior approved equal. I Li I I H I FY042165 Wedington Drive Water & Sewer Section 02223-2 , 2. Carrier pipe shall be centered within casing by use of model CCS stainless steel casing spacers as manufactured by Cascade Waterworks Mfg. Co. of Yorkville, IL or prior approved equal. 3. Casing spacers shall be bolt on style with a two piece shell made from T-304 stainless steel of a minimum 14 gauge thickness. Each shell section shall have bolt flanges formed with ribs for added strength. Each connecting flange shall have a minimum of three 5/16" T-304 bolts. The shell shall be lined with a ribbed PVC extrusion with a retaining section that overlaps the edge of the shell and prevents slippage. Bearing surfaces (runners) made from UHMW polymer with a static coefficient of friction of. 11 - .13 shall be attached to support structures (risers) at appropriate positions to properly support the carrier within the casing and to ease installation. The runners shall be attached mechanically by T-304 threaded fasteners that are inserted through the punched riser section and TIG welded for strength. Risers shall be made of T-304 stainless steel of a minimum 14 gauge. All risers over 2" in height shall be reinforced. Risers shall be MIG welded to the shell. All metal surfaces shall be fully passivated. Casing spacers shall be model CCS as manufactured by Cascade Waterworks Mfg. Co. or prior approved equal. 4. All spacers shall be 8" or greater in width and spaced at a maximum of 6' —8" intervals in the carrier pipe. The end spacers of each pipe joint shall be no further than 2 feet from the end of the pipe. 5. Casing spacers that also provide joint restraints for the specified water main material, and that meet the other requirements as specified herein, may be used in lieu of separate casing spacers and joint restraints. B. Casing ends shall be sealed to the carrier pipe with an overlapping rubber seal using 1/8" minimum thickness oil and water resistant synthetic rubber. Seals shall be sized for the casing and pipe sizes used and shall be provided by the casing spacer manufacturer. Stainless steel clamp bands as previously specified shall be used for installation of the end seals. 2.09 SHORT BORES A. Short bores shall consist of power augering or otherwise tunneling under trees designated by the Owner. The tunnel diameter shall match the pipe size shown on the Drawings. The pipe shall be maintained on the prescribed grade and alignment. Small diameter pipe may be bored or punched under trees. Casing pipe is not required for short bores. FY042165 Wedington Drive Water & Sewer Section 02223-3 U PART 3 EXECUTION i 3.01 GENERAL A. Prior to the start of the work, submit satisfactory evidence to the Engineer that all insurance coverage requirements have been complied with. All proposed construction methods and materials for the undercrossing shall be approved by the Engineer prior to the crossing operation, and no construction shall be started until written approval to proceed has been issued. 3.02 TRENCH EXCAVATION AND BACKFILL A. Conform to the applicable portions of Section 02200, EARTHWORK, TRENCH ' EXCAVATION AND BACKFILL. At designated locations, compact granular base backfill for full depth of trench with approved mechanical tampers to 95 percent of Standard Proctor density. B. Casing installed by the open cut direct bury method shall be backfilled with compacted Class 7 base for the full depth for all casing to be under the construction limits of the future street. Compaction shall be as listed above. 3.03 CASING 1 A. Size of casing shall be large enough to provide sufficient working space to properly install the water or sewer pipe to lines and grades shown. Minimum acceptable sizes are shown on the Undercrossing Schedule and on the Drawings. Jacked or bored casings shall be continuously welded at joints for a rigid, watertight encasement. 3.04 UNCASED PIPE A. Provide granular base under all pipe within limits of crossing. Base and pipe installation to conform to Section 02200, EARTHWORK, TRENCH EXCAVATION AND BACKFILL. 3.05 CASED PIPE A. Install casing spacers as previously specified and in conformance with the manufacturer's recommendations. B. Pipe installation to conform to applicable portions of Section 02200 and Section 15005. Pipe joints inside casing shall be thrust restrained. 3.06 PLACING RUBBER SEALS AT ENDS OF CASING A. After the water and sewer pipe has been tested and approved, install rubber seals with stainless steel bands at the ends of the casing. All casings shall be sealed water tight. ' FY042165 Wedington Drive Water & Sewer Section 02223-4 ' 3.08 CONTRACTOR'S RESPONSIBILITY A. The Contractor shall be fully responsible for settlement or deterioration of the finished undercrossing pavement during the warranty period. 3.09 PAYMENT A. Payment for the bored and jacked or direct buried casing will be based upon applicable unit prices stated in the Proposal. Separate payment will be made for the water or sewer pipe installed through the casing. Payment for casing shall include the cost of casing spacers, end seals and pipe joint thrust restraints within the limits of the casing. B. Payment for uncased short bores under trees will be based on the applicable unit prices stated in the Proposal, for locations specifically authorized by the Owner. Separate payment will be made for the water pipe installed through the short bore. END OF SECTION FY042165 Wedington Drive Water & Sewer Section 02223-5 SECTION 02444 FENCING PART1 GENERAL 1.01 SCOPE A. Any damage to any existing chain link fencing shall be repaired in accordance with this Section. B . Any damage to any other existing fencing shall be made with materials specified in this Section. 1.02 GENERAL A. Like items of materials provided hereunder shall be the end products of one manufacturer in order to achieve standardization for appearance, maintenance, and replacement. B. See CONDITIONS OF THE CONTRACT and Division 1, GENERAL REQUIREMENTS, which contain information and requirements that apply to the work specified herein and are mandatory for this project. 1.03 SUBMITTALS DURING CONSTRUCTION A. Submittals during construction shall be made in accordance with Section 01300, SUBMITTALS DURING CONSTRUCTION, in Division 1, GENERAL REQUIREMENTS. 1.04 REFERENCE STANDARDS A. Specification of Metallic -Coated Steel Chain Link Fence Fabric, published by Chain Link Fence Manufacturers Institute, Washington, DC 20036. PART 2 MATERIALS 2.01 GENERAL A. The use of a manufacturer's name and model or catalog number is for the purpose of establishing the standard of quality and general configuration desired only. Products of other manufacturers will be considered in accordance with the General Conditions. B. New materials and products of recognized, reputable manufacturers shall be used. Rerolled, or regalvanized materials are not acceptable. C. All materials shall be hot -dip galvanized after fabrication. Posts and other appurtenances shall have a minimum zinc coating of 1.2 ounces per square foot of surface. FY042165 Wedington Drive Water & Sewer Section 02444 - 1 D. Aluminum -coated fabric and wire may be substituted for the galvanized fabric and wire. Aluminum coating shall be not less than 0.40 ounce per square foot, complying with ASTM A 491, Class II. 2.02 FABRIC , A. Chain link fence fabric, six foot in height, woven of No. 9 gauge wire in 2 -inch diamond -mesh pattern, salvages twisted and barbed, galvanized after weaving with 1.2 ounce zinc coating conforming to ASTM A 392. B. Replacement fabric shall match the height of the original fence fabric. ' 2.03 POSTS A. Federal Specification RR -F-191, fence, posts, gates, and accessories, except as hereinafter modified. Standard lengths for setting in ground or in concrete as required for conditions shown. 2.04 LINE POSTS A. Use galvanized 21/2 -inch outside diameter, Schedule 40 steel pipe, weight 3.65 ' pounds per linear foot. 2.05 END, CORNER, ANGLE, AND PULL POSTS A. For end, corner, angle, and pull posts, use 2.875 -inch outside diameter standard , weight steel pipe, weight 5.79 pounds per linear foot. 2.06 POST TOPS ' A. Post tops shall be pressed steel, or malleable iron, designed as a weathertight closure cap for tubular posts. Provide one cap for each post, unless equal protection is afforded by combination post top cap and barbed wire supporting arm where barbed wire is required. Where top rail is used, provide tops to permit passage of top rail. 2.07 TENSION WIRE , A. Tension wire shall be zinc- or aluminum -coated coil spring steel wire not less than No. 7 -gauge (0.177 inch in diameter). Provide tie clips of manufacturer's standard as approved for attaching the wire to the fabric, at intervals not exceeding 24 inches. 2.08 STRETCHER BARS A. Stretcher bars shall be one-piece lengths equal to full height of fabric with a minimum cross-section of 3/16 inch by 3/4 inch. Provide one stretcher bar for each ' gate and end post and two for each corner and pull post. 2.09 STRETCHER BAR BANDS A. Bar bands shall be heavy -pressed steel, spaced not over 15 inches on center to secure ' stretcher bars to tubular end, corner, pull, and gate posts. FY042165 Wedington Drive Water & Sewer Section O2444 - 2 ' 2.11 2.12 2.13 TOP RAIL A. Not less than 18 -foot long tubular steel; .15/e -inch outside diameter, weight 2.27 pounds per linear foot. Couplings to be outside -sleeve type and at least 6 inches long. Provide springs at one coupling in five to permit expansion in rail as recommended by the manufacturer. Top rail to extend through line post tops to form continuous brace from end -to -end of each stretch of fence. BRACES A. Brace pipe shall be of the same material as the top rail and shall be installed midway between the top rail and extend from the terminal post to the first adjacent line post. Braces shall be securely fastened to the posts by heavy -pressed steel and malleable fittings, then securely trussed from line post to base of terminal post with a 3/s -inch truss rod and tightener. F llINGS A. Malleable steel, cast iron, or pressed steel, as required. Fittings to include extension arms for barbed wire, stretcher bars and clamps, clips, tension rods, brace rods, hardware, fabric bands and fastenings, and all accessories. Provide 45 -degree bracket type supports to accommodate three strands of barbed wire. I:L:l:J!IaVAItII A. Four -point pattern with two strands of No. 121/2 gauge wire, and 1 -inch barbs 5 inches apart. Zinc -coated barbed wire shall conform to ASTM A 121; aluminum -coated barbed wire to ASTM A 585. 2.14 CONCRETE A. Materials as specified in Section 03300, CONCRETE. Proportions shall be 1:2:4. Compressive strength shall not be less than 2,000 psi at 28 days. 2.15 FARM FENCE POSTS A. Repair farm fences utilizing "T" type steel posts with equivalent steel posts. B. Utilize 4 -inch minimum diameter pressure treated posts to repair existing fences utilizing wood posts. If existing posts are larger diameter, replace with equally sized new pressure treated posts. PART 3 EXECUTION 3.01 INSTALLATION A. Installation of fencing shall meet the requirements of ASTM F 567 B. Erect fencing in straight lines between angle points by skilled mechanics experienced in this type of construction. Erect in accordance with the manufacturer's recommendations as approved and with these Specifications. Post holes shall be a minimum depth of 3 feet below finished grade. Holes for line posts shall be 9 inches FY042165 Wedington Drive Water & Sewer Section 02444 - 3 L in diameter. Holes for gate, corner, and pull posts shall be 16 inches in diameter. Space posts not more than 10 feet on centers and in true lines. Set posts plumb and to a depth of 2 feet 10 inches. Fill remainder of hole with concrete to extend around the posts to a point 2 inches above finished grade. The top surface shall have a crown watershed finish. After concrete has set, install accessories. Fasten chain link fabric to end posts with stretcher bars and clamps and to line posts and top rail with wire or bands at approximately 14 -inch centers and 24 -inch centers, respectively. The top rail of the fence shall be at the top of the fabric. Install three strands of barbed wire on the brackets, tighten, and secure at each bracket. Brace gate posts diagonally to adjacent line posts to ensure stability. Hang gates and adjust all hardware so that gates operate satisfactorily from open or closed position. C. Repair/replace farm or lawn fencing with new posts as specified spaced on 10 -ft. ' maximum centers. Use the specified barbed wire for barbed wire fences. Repair woven wire fences with equivalent galvanized woven wire. 3.02 CLEANUP , A. Upon completion of the fence installation, clean up all waste material resulting from the operation. ' 3.03 PAYMENT A. No separate payment will be made for any fence replacement and/or repairs that may ' be required to existing fence. I END OF SECTION [I I I I I 11 I FY042165 Wedington Drive Water & Sewer Section 02444 - 4 ' SECTION 02485 FINISH GRADING AND GRASS PARTI GENERAL 1.01 SCOPE O 0 A. This Section covers the work necessary for the finish grading and grass establishment, complete, including furnishing and delivery of material and seeding and maintenance of grass. The intention of this Specification is that the Contractor returns areas of damaged turf to the condition in which he found them at the start of the job and that a grass stand be established on all cleared areas. The only areas not to be seeded are areas receiving gravel or paved surfaces and areas used for vegetable gardens. 1.02 GENERAL A. See CONDITIONS OF THE CONTRACT and Division 1, GENERAL REQUIREMENTS, which contain information and requirements that apply to the work specified herein and are mandatory for this project. PART 2 2.01 A. B. C. 2.02 2.03 MATERIALS TOPSOIL Existing topsoil shall be reused where practical. See Section 02218, LANDSCAPE GRADING. Place existing or imported topsoil in areas where topsoil was previously stripped for pipeline work. Areas that are cleared, but not stripped of topsoil, shall have the existing topsoil graded and scarified. Imported topsoil shall not be required. SEED A. Certified, blue tag, clean, delivered in original, unopened packages and bearing an analysis of the contents, guaranteed 95 percent pure and to have a minimum germination rate of 85 percent, within 1 year of test. SEED MIX A. Mix for all areas shall follow the recommendations of the local Agricultural Extension Agent, depending on the season. B. Separate lawn and field grass mixes shall be utilized, as appropriate for the application area. FY042165 Wedington Drive Water & Sewer Section 02485 - 1 I C. Where specific lawns and fields have sod, protect and restore the existing sod or replace damaged areas with the same variety of sod. Where specific lawns have special varieties of seeded grass, reseed with the same grass variety. PART 3 EXECUTION ' 3.01 PROJECT SCHEDULE A. The overall Project Schedule shall show an anticipated time for grading and seeding ' to take place, so that seasonal consideration can be given attention. 3.02 CONSTRUCTION METHODS - GRADING OF TOPSOIL ' A. Shape the topsoil over the area to the desired shape and contour. B. Apply commercial fertilizer at the manufacturer's recommended rate, distributing it uniformly with a mechanical spreader. The minimum application rate shall be 500 lbs per acre. Fertilizer blend shall be as recommended by the local Agricultural Extension Agent. 3.03 FINISH GRADING ' A. Thoroughly mix the topsoil and fertilizer. B. Rake the area to a uniform grade so that all areas drain in the same manner as at the start of the project. C. Lightly compact before planting grass. D. For lawn and garden areas, remove all trash and stones exceeding 2 -inches in diameter from area to a depth of 3 -inches prior to preparation and planting grass. For field and timber areas, remove excavated stone and trash to an equivalent condition to the adjoining undisturbed area. 3.04 TIME OF SEEDING A. Conduct seeding under favorable weather conditions during seasons which are normal for such work as determined by accepted practice in locality of project. 3.05 MECHANICAL SEEDING A. Sow grassed areas evenly with a mechanical spreader at rate of 100 pounds per acre, roll with cultipacker to cover seed, and water with fine spray. Method of seeding may be varied at the discretion of Contractor as it is his own responsibility to establish a smooth, uniformly grassed area. 3.06 HYDROSEEDING ' A. At the Contractor's option, seed may be applied by hydroseeding method. Seeding shall be done within 10 days following soil preparation. Hydroseed all areas at rate of 100 pounds seed and 500 pounds ammonium phosphate per acre. FY042165 Wellington Drive Water & Sewer Section 02485-2 B. Proceed with seeding operation on moist soil, but only after free surface water has drained away. C. Exercise due care to prevent drift and displacement of mixture into other areas. ii 3.07 KI�III:? KKIJJ 3.10 WINTER PROTECTIVE SEEDING A. Winter barley or annual rye grass applied at a rate of 120 pounds/acre shall be used after September 15. MAINTENANCE A. Begin maintenance immediately after each portion of grass is planted and continue until a reasonable stand of grass has been obtained. Water to keep surface soil moist. Repair washed out areas by filling with topsoil, fertilizing, and seeding. B. Apply straw mulch after seeding to assist in grass establishment and to reduce topsoil erosion. GUARANTEE A. If, at the end of a 180 -day period, a satisfactory stand of grass has not been produced, the Contractor shall renovate and reseed the grass or unsatisfactory portions thereof immediately, or, if after the usual planting season, during the next planting season. If a satisfactory stand of grass develops by July 1 of the following year, it will be accepted. If it is not accepted, a complete replanting will be required during the planting season meeting all of the requirements specified under CONSTRUCTION METHODS. B. A satisfactory stand is defined as grass or section of grass that has: No bare spots larger than 4 square feet. Not more than 10 percent of total area with bare spots larger than 1 square foot. PAYMENT A. Payment for the work in this Section will be included as part of the unit price bid per foot of pipe, for pipeline work. END OF SECTION FY042165 Wedington Drive Water & Sewer Section 02485 - 3 SECTION 02601 ASPHALT AND CONCRETE RESTORATION PART1 GENERAL 1.01 SCOPE A. This Section covers the work necessary for the restoration of asphalt pavement, replacement of sidewalks, curb and gutter, drainage facilities, and incidental work, complete. B. See CONDITIONS OF THE CONTRACT and Division 1, GENERAL REQUIREMENTS, which contain information and requirements that apply to the work specified herein and are mandatory for this project. 1.02 STANDARD SPECIFICATIONS A. Where the term "Standard Specifications for Highway Construction" is used, such reference shall mean the current edition of Arkansas Highway and Transportation Department Standard Specifications. Where reference is made to a specific part of the Standard Specifications, such applicable part shall be considered as part of this section of the Specifications. In case of a conflict in the requirements of the Standard Specifications and the requirements stated herein, the requirements herein shall prevail. 1.03 RELATED WORK SPECIFIED IN OTHER SECTIONS A. Section 02200 - Earthwork, Trench Excavation and Backfill 1.04 SUBMITTALS DURING CONSTRUCTION A. Prior to the delivery of specified aggregate to the site, the Contractor shall submit samples of the material for the Engineers approval. Samples shall be typical of materials to be furnished from the proposed source and in conformance with the specified requirements. B. Prior to the delivery of asphalt materials and paving mixes to the site, the Contractor shall submit certificates of compliance of such materials with these Specifications. C. Where laboratory testing is specified herein, the Contractor shall employ an independent testing laboratory to conduct such tests and submit certificates of the test results to ensure Specification conformance. D. The costs for submittals shall be included in the price(s) quoted for the work under this Section. FY042165 Wedington Drive Water & Sewer Section 02601 - 1 PART 2 MATERIALS 2.01 CONCRETE I A. Concrete for sidewalks, pavement, and miscellaneous construction shall conform to ASTM C 94, Alternate 3; and shall have a design mix proportioned for 3,000 pounds per square inch compressive strength at 28 days. Concrete mix shall contain no less than 5-1/2 sacks of cement per cubic yard. B. Concrete for asphalt highway repair shall be high eary strength, 2100 psi at 24 hrs. , 2.02 CONCRETE FORMS A. All forms for pavement and sidewalks shall be either 2 -inch dimensioned lumber, plywood, or metal forms. 2.03 CURING COMPOUND A. Commercial grade conforming to ASTM C 309, Type I. , 2.04 REINFORCING STEEL A. Conform to ASTM A 615, Grade 60. ' 2.05 2.06 2.07 2.08 2.09 BASE COURSE A. Gravel for the base course shall be clean, hard, durable, pit -run crushed stone which is reasonably graded from coarse to fine. Base course shall conform to Section 303 for Class 7 Base of the Standard Specifications for Highway Construction and compacted as specified herein. GRAVEL SURFACE COURSE A. Gravel for the surface course shall be clean, hard, and durable, and shall be reasonably graded from coarse to fine. The surface course shall conform to Section 303 for Class 7 Base of the Standard Specifications for Highway Construction. ASPHALT CEMENT A. Asphalt cement for binder shall be AC 85-100 paving asphalt conforming to the Standard Specifications unless otherwise specified. PRIME COAT A. Asphalt to be used for a prime coat shall be asphalt emulsion Type RS -2, CRS -2, or liquid asphalt MC -70, MC -250, or RC -250 conforming to ASTM D 977, D 2397, D 2027, or D 2028. TACK COAT I r C I I [1 I I A. Asphalt emulsion conforming to ASTM D 977 or D 2397, unless otherwise specified. ' FY042165 Wedington Drive Water & Sewer Section 02601 -2 , 2.10 2.11 ASPHALT CONCRETE, HOT - PLANT MIX A. Hot mix asphalt concrete for paving the designated area shall be Type II hot -plant mix and all materials shall conform to the requirements of Section 407 of the Standard Specifications for Highway Construction. Portions of the referenced specification that are obviously not applicable for the type of work to be done shall be disregarded. CULVERT A. Culvert pipe shall be galvanized corrugated metal pipe not less than 14 -gauge and shall conform to AASHTO M 36 with the added requirement that the pipe and coupling bands shall be completely coated with bituminous material conforming to ASTM D 449. Provide manufacturer's standard coupling bands, complete. Bolts shall be galvanized. PART 3 EXECUTION 3.01 CONSTRUCTION PROCEDURE A. Trench backfill shall be as specified in Section 02200, EARTHWORK, TRENCH EXCAVATION AND BACKFILL. B. Replace all bituminous pavement damaged under this Contract with like materials. C. Replace concrete pavement damaged under this Contract with minimum of 6 -inch thickness or to conform with existing, whichever is greater. D. In addition to the requirements set forth herein, the work shall conform to the applicable workmanship requirements of the AHTD Standard Specifications referenced heretofore. 3.02 REMOVAL OF PAVEMENT, SIDEWALK, CURBS, AND GUTTERS A. Removal of all pavement, sidewalks, curbs, and gutters shall conform to Section 02200, EARTHWORK, TRENCH EXCAVATION AND BACKFILL, and payment for removal shall be included in that section. 3.03 STREET MAINTENANCE A. Maintain all trenches as specified under Section 02200, EARTHWORK, TRENCH EXCAVATION AND BACKFILL. 3.04 EXCAVATION AND BACKFILL A. Excavation and backfill are specified in Section 02200, EARTHWORK, TRENCH EXCAVATION AND BACKFILL. Special backfill around culvert pipe is specified with the culvert installation. FY042165 Wedington Drive Water & Sewer Section 02601 -3 I 3.05 INSTALLATION OF CULVERT 1 A. Install culvert where shown on the Drawings or where existing culverts are destroyed. Pipe shall be carefully bedded to provide uniform bearing. Coupling bands shall be installed in conformance with the manufacturer's recommendations. Use gravel base course to a point 6 inches above pipe. Backfill remainder with base course material. Place backfill in 6 -inch lifts uniformly on both sides of the pipe simultaneously, and thoroughly compact each lift with mechanical tampers before placing the next lift. 3.06 PREPARATION OF SUBGRADE A. Bring subgrade to proper grade and cross section shown by means of a blade grader or other suitable equipment. Compact subgrade with bulldozer, roller, loaded trucks, or other suitable equipment moving uniformly over the surface. As the compaction of the subgrade proceeds, dig out all soft or spongy areas and fill the resulting holes with locally available red chert, clay grave], or other material satisfactory to the Engineer. Dispose of excess materials resulting from grading. Do not permit heavy machinery to operate adjacent to structures where such operations may cause damage. The finished subgrade shall provide a satisfactory base for the road and be acceptable to the Engineer. , 3.07 BASE COURSE A. Spread gravel base course on prepared subgrade in a uniform layer, without , segregation of size, to such loose depth that, when compacted, the course shall have a thickness of 6 -inches. Compact the base course to a minimum of 95 percent of the maximum density as determined by ASTM D 1557. Sprinkle base material as necessary to aid compaction.. Blade ruts and irregularities smooth during the compaction process until a smooth surface, conforming to the grade shown, is ' obtained. 3.08 SURFACE COURSE TOP COURSE A. The cross section of the finished surface shall be subject to reasonable variation by the Engineer to meet the varying conditions encountered. Spread the 1 -1/2 -inch minus rock to such a loose depth that, when compacted, it will be a minimum depth of 2 -inches. Compact the surface material to the same as that specified for the base course and blade until the top surface is smooth and conforms to the grade and crown requirements shown. 3.09 TACK COAT A. Apply a tack coat on existing asphalt concrete pavement and to each lift of new pavement that is to receive a succeeding lift in conformance with Section 403 of the Standard Specifications for Highway Construction. 3.10 PRIME COAT A. The prime coat shall be applied to the leveling course in accordance with Section 403 of the referenced specification at the rate of 0.20- to 0.30 -gallon per square yard of surface area. The exact amount is to be determined by the Engineer. FY042165 Wedington Drive Water & Sewer Section 02601 - 4 , 3.11 CONSTRUCTION OF ASPHALT CONCRETE PAVEMENT A. Lay asphalt concrete over the base course in a single lift and the compacted depth shall be 3 -inches. The method of proportioning, mixing, transporting, laying, processing, rolling the material, and the standards of workmanship shall conform to the applicable requirements of Section 408 of the Standard Specifications for hot mix asphalt and Section 410 of the Standard Specifications for cold mix asphalt. B. The Engineer will examine the base before the paving is begun and bring any deficiencies to the Contractor's attention to be corrected before the paving is started. Roll each lift of the asphalt concrete and compact to the density specified in the referenced Standard Specification for Highway Construction. The grade, line, and cross section of the finished surface shall conform to the Drawings. Asphalt or asphalt stains which are noticeable upon surfaces of concrete or materials which will be exposed to view shall be promptly and completely removed. 3.12 SURFACE RESTORATION A. Maintain all trenches as specified under Section 02200, EARTHWORK, EXCAVATION AND BACKFILL, until surface restoration is completed. 3.13 ASPHALT CONCRETE PAVEMENT REPLACEMENT FOR PIPE TRENCHES A. Bring the trench to a smooth, even grade at the correct distance below the top of the existing pavement surface so as to provide adequate space for the base course and pavement. Trim existing pavement to a straight line to remove any pavement which has been damaged or which is broken and unsound to provide a smooth, sound edge for joining the new pavement. B. Compact the subgrade with mechanical vibratory or impact tampers to a minimum of 95 percent of maximum as determined by ASTM D 1557. Any subsequent settlement of the finished surfacing during the warranty period shall be promptly repaired by the Contractor, at the Contractor's sole expense. C. Place sufficient base course on the subgrade to obtain a thickness of 6 inches after compaction. Place for the full width of the trench and process as required to provide a smooth surface without segregation. D. Compact the base course with mechanical vibratory or impact tampers to a minimum of 95 percent of maximum density as determined by ASTM D 1557. Any subsequent settlement of the finished surfacing during the warranty period shall be promptly repaired by the Contractor, at the Contractor's sole expense. E. Place base course under all pavement to be replaced and, in addition, under gravel surfaced shoulders and other graveled areas. F. After the leveling course has been compacted, apply an asphalt prime coat, specified above, at 0.20 to 0.30 gallon per square yard to the surface of the leveling course and to the edges of the existing pavement. Place a minimum 4" depth of concrete with 6x6/6-6 W.W.M. over prepared subgrade. G. Place the asphalt concrete on the concrete over the trench to a compacted depth of not less than 3 inches or the depth of the adjacent pavement, whichever is greater. FY042165 Wedington Drive Water& Sewer Section 02601 - 5 I mechanical spreader, depending upon the area to be paved. Bring the asphalt concrete to the proper grade and compact by rolling or the use of hand tampers where rolling is impossible or impractical. H. Roll with power rollers capable of providing compression of 200 to 300 pounds per ' linear inch. Begin the rolling from the outside edge of the replacement progressing toward the existing surfacing, lapping the existing surface at least 1/2 the width of the roller. If existing surfacing bounds both edges of the replacement, begin rolling at the edges of the replacement, lapping the existing surface at least 1/2 the width of the roller, and progress toward the center of the replacement area. Overlap each preceding track by at least 1/2 the width of the roller and make sufficient passes over the entire area to remove all roller marks. L The finished surface of the new compacted paving shall be flush with the existing surface and shall conform to the grade and crown of the adjacent pavement. 3.14 3.15 J. Immediately after the new paving is compacted, all joints between new and original asphalt pavement shall be painted with hot asphalt or asphalt emulsion and be covered with dry paving sand before the asphalt solidifies. K. The surface smoothness of the replaced pavement shall be such that when a straightedge is laid across the patch area between the edges of the old surfacing and the surface of the new pavement, the new pavement shall not deviate from the straightedge more than 1/4 inch. WEATHER CONDITIONS A. Asphalt shall not be applied to wet material. Asphalt shall not be applied during rainfall, sand or dust storms, or any imminent storms that might adversely affect the construction. The Engineer will determine when surfaces and material are dry enough to proceed with construction. Asphalt concrete shall not be placed (1) when the atmospheric temperature is lower than 40 degrees F, (2) during heavy rainfall, or (3) when the surface upon which it is to be placed is frozen or wet. Asphalt for prime coat shall not be applied when the surface temperature is less than 50 degrees F. Exceptions will be permitted only in special cases and only with prior written approval of the Engineer. PROTECTION OF STRUCTURES A. Provide whatever protective covering may be necessary to protect the exposed portions of bridges, culverts, curbs, gutters, posts, guard fences, road signs, and any other structures from splashing oil and asphalt from the paving operations. Remove any oil, asphalt, dirt, or any other undesirable matter that may come upon these structures by reason of the paving operations. B. Where water valve boxes, manholes, catch basins, or other underground utility appurtenances are within the area to be surfaced, the resurfacing shall be level with the top of the existing finished elevation of these facilities. If it is evident that these facilities are not in accordance with the proposed finished surface, notify the Engineer to have the proper authority contacted in order to have the facility altered before proceeding with the resurfacing around the obstruction. Consider any delays experienced from such obstructions as incidental to the paving operation. No additional payment will be made. Protect all covers during asphalt application. n I I I Ii I I I El I I FY042165 Wedington Drive Water & Sewer Section 02601 - 6 , additional payment will be made. Protect all covers during asphalt application. 3.16 EXCESS MATERIALS A. Dispose of all excess materials. Make arrangements for the disposal and bear all costs or retain any profit incidental to such disposal. 3.17 CONTRACTOR'S RESPONSIBILITY A. Settlement of replaced pavement over trenches within the warranty period shall be considered the result of improper or inadequate compaction of the subbase or base materials. The Contractor shall promptly repair all pavement deficiencies noted during the warranty period at the Contractor's sole expense. 3.18 CONCRETE PAVEMENT A. Pavement replaced shall be the same thickness as that removed, except that in no instance shall it be less than a minimum of 8 inches. Protect the newly placed concrete from traffic for a period of 7 days and cure by covering with burlap, sand, earth, or sawdust, which is kept continuously wet. B. Handle and place concrete pavement in accordance with the Standard Specifications for Highway Construction of the Arkansas State Highway and Transportation Department. 3.19 GRAVEL SURFACING A. Where required by the Drawings, and where necessary to match existing surfaces, place crushed rock, gravel surfacing material, as specified herein, on streets, driveways, parking areas, street shoulders, and other graveled areas disturbed by the construction. Spread the rock by tailgating and supplement by hand labor where necessary. Level and grade the rock to conform to existing grades and surfaces. 3.20 SIDEWALKS AND CURBS A. Replace concrete sidewalks and curbs to the same section width, depth (4" minimum), line and grade as that removed or damaged. Cut ends of existing concrete to a vertical plane. Prior to replacing the sections, properly backfill and compact the trench to prevent subsequent settlement. B. Cut ends of existing curbs to a vertical plane. Construct forms to match existing. Place concrete and finish exposed surfaces similar to adjacent curb. C. Replace concrete sidewalks between scored joints and make replacement in a manner that will avoid a patched appearance. Provide a minimum 2 -inch thick compacted gravel base course of quality hereinbefore specified. Finish concrete surface similar to the adjacent sidewalks. Score joints and finish edges with a steel edging tool. D. Tunneling under curbs and sidewalks is optional. However, should any subsequent cracking, subsidence, or any other indication of failure occur within the warranty period, the damaged section shall promptly be replaced at the Contractor's sole expense. FY042165 Wedington Drive Water & Sewer Section 02601 - 7 I 3.21 ASPHALT DRIVEWAYS AND WALKS A. Replace asphalt driveways and walks in accordance with ASPHALT CONCRETE PAVEMENT REPLACEMENT. 3.22 CLEANUP ' A. Clean up all debris and unused materials from the paving operation. Clean all surfaces that have been spattered or defaced as a result of the paving operation. 3.23 PAVEMENT REPLACEMENT FOR STATE HIGHWAY CROSSINGS A. This Section covers repair to any highway surfaces that must be cut. ' B. All work in connection with the pavement replacement shall be done in strict accordance with the Permitter's standard specification, and the completed work must be acceptable to the agency having jurisdiction (State Highway Department). C. Following placing the backfill and before placing base and pavement, remove additional existing leveling course and pavement to a depth of 1 foot 9 inches below finished grade so as to obtain a minimum of 18 -inches bearing on each side of the trench on undisturbed ground for the new base course. Saw existing pavement to remove any pavement which has been cracked, tom, or otherwise damaged during excavation and backfilling. Sawing shall be a straight line and continuous across the highway surface on both sides so that the replaced section is of a constant and uniform width. Compact granular backfill to 95 percent maximum density as determined by ASTM D 698 to a uniform level 12 inches below finished grade. D. Conform to the requirements of this Section of the Specifications concerning base 1 and leveling courses and to the requirements of the Permitter. E. The concrete pavement shall be a 9 -inch thick concrete slab reinforced with 6 -gauge 6 by 6 welded wire fabric. Construction shall be in accordance with the applicable sections of the Permitter's standard specifications. Protect the pavement from the traffic for a period of 7 days, during which time cure by covering with burlap, sand, earth, or sawdust and keep continuously wet or by use of an approved curing compound. F. For asphalt concrete pavement, prime prepared surfaces to be bonded. Following ' placing of the prime coat, lay one 3 -inch hot -plant -mix bituminous surface course in compliance with the applicable sections of the Permitter's standard specifications. ' Installation shall conform to the detail on the Drawings. G. Gravel for shoulders shall be 3/4 -inch -minus crushed rock conforming to ROCK FOR SURFACING AND BASE of this Specification. Resurface all disturbed gravel shoulders with 2 -inches of crushed rock. 3.24 CONTRACTOR'S RESPONSIBILITY ' A. The Contractor shall be fully responsible for settlement or deterioration of the finished street crossing pavement during the warranty period. FY042165 Wedington Drive Water & Sewer Section 02601 -8 ' B. The Owner will withhold final payment for this project until the Contractor furnishes a satisfactory release from the Highway Department stating that all claims for labor and materials have been satisfied and that the Contractor's work across the right-of- way has been completed to the satisfaction of the Highway Department. 0 0 Q 3.25 3.26 3.27 3.28 PAYMENT A. Payment for the work under this section shall be based on the appropriate unit prices stated in the Contractor's Proposal. Payment shall be considered full compensation for furnishing all labor, materials, and equipment to complete the work as specified under this section. B. Payment for replacement of gravel surface and base course shall be made as specified in Section 02200, EARTHWORK, TRENCH EXCAVATION AND BACKFILL. ASPHALT CONCRETE AND PORTLAND CEMENT CONCRETE PAVEMENT REPLACEMENT A. Payment for asphalt concrete and portland cement concrete pavement will be based on the unit price per square yard stated in the Contractor's Proposal for the actual area replaced. Payment will be limited to a maximum width of 8 feet. All pavement damaged outside this 8 -foot limit shall be replaced at the Contractor's sole expense. The number of square yards will be measured by the Engineer. B. The unit prices shall include payment for excavation required to provide space for the surfacing, preparation of the trench, tack coat, prime coat, surfacing, disposal of all excess excavated materials, and all other work required to complete the resurfacing. Asphalt Highway repair shall include a 9 -inch reinforced concrete, base course as shown on the Drawings. SIDEWALK REPLACEMENT A. Payment for replacing the damaged sidewalks shall be based on the unit price per square yard as stated in the Contractor's Proposal. Payment will, however, be limited to sidewalks replaced within 4 feet of the pipe centerline. All sidewalks damaged outside this limit shall be replaced at the Contractor's sole expense. CURB AND GUTTER REPLACEMENT A. Payment for replacing damaged curb (and gutter where applicable) shall be based on the unit price per linear foot as stated in the Contractor's Proposal. Payment will, however, be limited to curbs and gutters replaced within 4 feet of the pipe centerline. All curbs and gutters damaged outside of this limit shall be replaced at the Contractor's sole expense. FY042165 Wedington Drive Water & Sewer END OF SECTION Section 02601 - 9 SECTION 02713 SPRAY - APPLIED MANHOLE COATING PART 1 1.01 1.02 1.03 A. GENERAL SUMMARY Description 1. This Section includes materials and equipment required for protecting and/or rehabilitating concrete and masonry manholes and other underground vaults by monolithic spray -application of a high -build, solvent -free epoxy coating to eliminate infiltration, provide hydrogen sulfide (sulfuric acid) corrosion protection, repair voids and enhance structural integrity. Procedures for surface preparation, cleaning, application and testing are described herein. RELATED SECTIONS A. The WORK of the following Sections applies to the WORK of this Section. Other Sections of the Specifications, not referenced below, shall also apply to the extent required for proper performance of this WORK. SECTION 02740 — Manhole Construction SPECIFICATIONS AND STANDARDS A. Except as otherwise indicated, the current editions of the following apply to the WORK of this Section: ASTM S 4541 Standard Test Method for Pull -Off Strength of Coatings Using Portable Adhesion Testers ASTM D 4787 Standard Practice for Continuity Verification of Liquid or Sheet Linings Applied to Concrete Substrates ASTM D638 Tensile Properties of Plastics. ASTM D790 Flexural Properties of Unreinforced and Reinforced Plastics. ASTM D695 Compressive Properties of Rigid Plastics. ASTM D4541 Pull -off Strength of Coatings Using a Portable Adhesion Tester. ASTM D2584 Volatile Matter Content. FY042165 Wedington Drive Water & Sewer Section 02713-1 I ASTM D2240 Durometer Hardness, Type D. 1 ASTM D543 Resistance of Plastics to Chemical Reagents. ASTM C109 Compressive Strength Hydraulic Cement Mortars. A. ACI 506.2-77 Specifications for Materials, Proportioning, and Application of Shotcrete. ASTM C579 Compressive Strength of Chemically Setting Silicate and Silica Chemical Resistant Mortars. NACE The published standards of National Association of Corrosion Engineers (NACE International), Houston, TX. SSPC The published standards of the Society of Protective Coatings, Pittsburgh, PA. SUBMITTALS The following items shall be submitted in compliance of Section 01300: 2. 3. 4. 5. Technical data sheet on each product used, including ASTM test results indicating the product conforms to and is suitable for its intended use per these specifications. Material Safety Data Sheets (MSDS) for each product used. Project specific guidelines and recommendations. Coating manufacturer's instructions and recommendations on surface preparation, application, and repair of discontinuities. Applicator Qualifications: a. Manufacturer certification that Applicator has been trained and approved in the handling, mixing and application of the products to be used. b. Certification that the equipment to be used for applying the products has been manufactured or approved by the protective coating manufacturer and Applicator personnel have been trained and certified for proper use of the equipment. c. Five (5) recent references of Applicator (projects similar size and scope) indicating successful application of a high -build solvent - free epoxy coating by plural component spray application. H H El I I I I C L C I I FY042165 Wedington Drive Water & Sewer Section 02713-2 ' d. Proof of any necessary federal, state or local permits or licenses necessary for the project. 6. Design details for any additional ancillary systems and equipment to be used in site and surface preparation, application and testing. II 1.05 1.06 1.07 QUALITY ASSURANCE A. Applicator shall initiate and enforce quality control procedures consistent with applicable ASTM, NACE and SSPC standards and the protective coating manufacturer's recommendations. DELIVERY, STORAGE, AND HANDLING A. Materials are to be kept dry, protected from weather and stored under cover. B. Protective coating materials are to be stored between 50 deg F and 90 deg F. Do not store near flame, heat or strong oxidants. C. Protective coating materials are to be handled according to their material safety data sheets. SITE CONDITIONS A. Applicator shall conform with all local, state and federal regulations including those set forth by OSHA, RCRA and the EPA and any other applicable authorities. B. Applicator shall submit design and safety procedures to Engineer when confined space entry, flow diversion or bypass is necessary in order for Applicator to perform the specified work. PART 2 PRODUCTS 2.01 EXISTING PRODUCTS A. Standard Portland cement or new concrete (not quick setting high strength cement) must be well cured prior to application of the protective coating. Generally, 28 days is adequate cure time for standard Portland. If earlier application is desired, compressive or tensile strength of the concrete can be tested to determine if acceptable cure has occurred. B. Cementitious patching and repair materials should not be used unless their manufacturer provides information as to its suitability and procedures for topcoating with an epoxy coating. Project specific submittals should be provided including application, cure time and surface preparation procedures which permit optimum bond strength with the epoxy coating. FY042165 Wedington Drive Water & Sewer Section 02713-3 I C. Remove existing coatings prior to application of the new protective coating. Applicator is to maintain strict adherence to applicable NACE and SSPC recommendations with regard to proper surface preparation and compatibility with existing coatings. 2.01 WALL CLEANING MATERIALS A. Water Abrasive or Wet Abrasive Blast: Type and size of abrasive shall be 1 selected to produce a surface profile that meets the coating manufacturer's recommendations. B. High Pressure Water: Water at 3500 psi minimum pressure. C. Cleaners: Cleaners shall be per coating manufacturer's recommendations. 2.02 REPAIR MATERIALS A. Repair materials shall be used to fill voids, structurally reinforce and/or rebuild surfaces, etc. as determined necessary by the engineer and protective coating applicator. Repair materials must be compatible with the specified epoxy coating and shall be applied in accordance with the manufacturer's recommendations. B. The following products may be accepted and approved as compatible repair basecoat materials for epoxy topcoating for use within the specifications: 100% solids, solvent -free epoxy grout specifically formulated for epoxy ' topcoating compatibility. The epoxy grout manufacturer shall provide instructions for trowel or spray application and for epoxy topcoating procedures. 2. Factory blended, rapid setting, high early strength, fiber reinforced, non - shrink repair mortar that can be trowelled or pneumatically spray applied may be approved if specifically formulated to be suitable for epoxy topcoating. Such repair mortars should not be used unless their manufacturer provides information as to its suitability for topcoating with an epoxy coating. Project specific submittals should be provided including application, cure time and surface prepration procedures which permit optimum bond strength with the epoxy coating. 2.04 PROTECTIVE COATING MATERIAL A. A 100% solids, solvent -free two -component epoxy resin system thixotropic in nature and filled with select fillers to minimize permeability and provide sag resistance acceptable to these specifications (up to 125 mils in a single coat). Use Raven Lining Systems' Raven 404 epoxy coating system, or approved equal. I FY042165 Wedington Drive Water & Sewer Section 02713-4 ' 2.05 PROTECTIVE COATING APPLICATION EQUIPMENT A. Manufacturer approved heated plural component spray equipment shall be used in the application of the specified protective coating. 2.06 REPAIR MORTAR SPRAY APPLICATION EQUIPMENT (if spray applied) A. Spray applied repair mortars shall be applied with manufacturer approved equipment. PART 3 EXECUTION 3.01 DIVERSION PUMPING A. If necessary, install and operate sewage diversion pumping equipment to maintain sewage flows without backup, overflow, or spill. 3.02 CLEANING AND SURFACE PREPARATION A. Remove dirt, grease, and debris from floor and interior walls of manhole using high pressure water and abrasive, and cleaners as necessary to prepare a roughened, bondable surface as recommended by the manufacturer. 3.03 3.04 ACCEPTABLE APPLICATORS A. Repair mortar applicators shall be trained to properly apply the cementitious mortar according to manufacturer's recommendations. B. Protective coating must be applied by a Certified Applicator of the protective coating manufacturer and according to manufacturer specifications. IZKnull`►/_r *(ll 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. Any active flows shall be dammed, plugged or diverted as required to ensure that the liquid flow is maintained below the surfaces to be coated. Flows should be totally plugged and/or diverted when coating the invert. All extraneous flows into the manhole or vaults at or above the area coated shall be plugged and/or diverted until the epoxy has set hard to the touch. As an option, hot air may be added to the manhole to accelerate set time of the coating. FY042165 Wedington Drive Water & Sewer Section 02713-5 .1 D. Installation of the protective coating shall not commence until the concrete substrate has properly cured in accordance with these specifications. E. Temperature of the surface to be coated should be maintained between 40 deg F and 120 deg F during application. Prior to and during application, care should be taken to avoid exposure of direct sunlight or other intense heat source to the structure being coated. Where varying surface temperatures do exist, care should be taken to apply the coating when the temperature is falling versus rising (ie. late afternoon into evening vs. morning into afternoon). 3.05 SURFACE PREPARATION A. Applicator shall inspect all surfaces specified to receive a protective coating prior to surface preparation. Applicator shall notify Owner of any noticeable disparity in the surfaces which may interfere with the proper preparation or application of the repair mortar and protective coating. B. All contaminants including: oils, grease, incompatible existing coatings, waxes, form release, curing compounds, efflorescence, sealers, salts, or other contaminants shall be removed. I I I C. All concrete or mortar that is not sound or has been damaged by chemical ' exposure shall be removed to a sound concrete surface or replaced. D. Surface preparation method(s) should be based upon the conditions of the substrate, service environment and the requirements of the epoxy protective coating to be applied. E. Surfaces to receive protective coating shall be cleaned and abraded to produce a sound surface with adequate profile and porosity to provide a strong bond between the protective coating and the substrate. Generally, this can be achieved with a high pressure water cleaning using equipment capable of 5,000 psi at 4 gpm. Other methods such as high pressure water jetting (refer to NACE Standard No. 5/SSPC-SP12), abrasive blasting, shotblasting, grinding, scarifying or acid etching may also be used. Detergent water cleaning and hot water blasting may be necessary to remove oils, grease or other hydrocarbon residues from the concrete. Whichever method(s) are used, they shall be performed in a manner that provides a uniform, sound clean neutralized surface that is not excessively damaged. F. The area between the manhole and the manhole ring and any other area that might exhibit movement or cracking due to expansion and contraction, shall be grouted with a flexible grout or gel. G. All manhole castings shall be abrasive blasted and coated. H. All surfaces should be inspected by the Engineer during and after preparation and before the repair material is applied. [1 i [I I I I I I FY042165 Wedington Drive Water & Sewer Section 02713-6 , 3.06 APPLICATION OF PROTECTIVE COATING A. Application procedures shall conform to the recommendations of the protective coating manufacturer, including material handling, mixing, environmental controls during application, safety, and spray equipment. B. The spray equipment shall be specifically designed to accurately ratio and apply the specified protective coating materials and shall be regularly maintained and in proper working order. C. The protective coating material must be spray applied by a Certified Applicator of the protective coating manufacturer. D. Specified surfaces shall be coated by spray application of a moisture tolerant, solvent -free, 100% solids, epoxy protective coating as further described herein. For new manhole structures, spray application shall be to a minimum wet film thickness of 100 mils. E. Airless spray application equipment approved by the coating manufacturer shall be used to apply each coat of the protective coating. Air assisted spray application equipment may be acceptable, especially for thinner coats (<10 mils), only if the air source is filtered to completely remove all oil and water. F. If necessary, subsequent topcoating or additional coats of the protective coating should occur as soon as the basecoat becomes tack free, ideally within 12 hours but no later than the recoat window for the specified products. Additional surface preparation procedures will be required if this recoat window is exceeded. 3.07 TESTING AND INSPECTION A. During application a wet film thickness gage, such as those available through Paul N. Gardner Company, Inc. meeting ASTM D4414 - Standard Practice for Measurement of Wet Film Thickness of Organic Coatings by Notched Gages, shall be used to ensure a monolithic coating and uniform thickness during IIapplication. B. After the protective coating has set hard to the touch it shall be inspected with high -voltage holiday detection equipment. Surface shall first be dried, an induced holiday shall then be made on to the coated concrete surface and shall serve to 0 determine the minimum/maximum voltage to be used to test the coating for holidays at that particular area. The spark tester shall be initially set at 100 volts per 1 mil (25 microns) of film thickness applied but may be adjusted as necessary Ito detect the induced holiday (refer to NACE RPO188-99). All detected holidays shall be marked and repaired by abrading the coating surface with grit disk paper or other hand tooling method. After abrading and cleaning, additional protective coating material can be hand applied to the repair area. All touch-up/repair procedures shall follow the protective coating manufacturer's recommendations. FY042165 Wedington Drive Water & Sewer Section 02713-7 I 3.08 C. Measurement of bond strength of the protective coating to the substrate can be measured in accordance with ASTM D4541. Any areas detected to have inadequate bond strength shall be evaluated by the Project Engineer. Further bond tests may be performed in that area to determine the extent of potentially deficient bonded area and repairs shall be made by Applicator in strict accordance with manufacturer's recommendations. D. Manhole Testing — shall be according to Specification 02740. MEASUREMENT AND PAYMENT A. No separate payment will be made for manhole coatings. Include the cost for manhole coatings in the unit price for manholes and manhole extra depth. END SECTION 02713 I I I I I I TI ii I I I I FY042165 Wedington Drive Water & Sewer Section 02713-8 I SECTION 02740 MANHOLE CONSTRUCTION PART1 GENERAL 1.01 SCOPE A. This Section covers the work necessary for the construction of manholes, complete. Manhole details are as shown on the Details. PART 2 MATERIALS 2.01 CONCRETE A. Ready -mixed, conforming to ASTM C94. Compressive field strength for manhole bases and walls shall be not less than 3,000 psi at 28 days. Maximum size of aggregate shall be 11/2 inches. Slump shall be between 2 and 4 inches. 2.02 FORMS A. Exterior exposed surfaces shall be plywood. Others shall be matched boards, plywood, or other approved material. Form all vertical surfaces. Trench walls, large rock, or earth will not be approved form material. 2.03 REINFORCING STEEL A. Conform to ASTM A 615, Grade 60, deformed bars. 2.04 POURED -IN -PLACE MANHOLES A. Poured -in -place type manholes must be used in accordance with details of construction approved by the Engineer. Precast manhole sections will not be used. 2.05 MORTAR A. Standard premixed mortar conforming to ASTM C 387 or proportion 1 part portland cement to 2 parts clean, well -graded sand which will pass a 1/8 -inch screen. Admixtures may be used not exceeding the following percentages of weight of cement: Hydrated lime, 10 percent; diatomaceous earth or other inert materials, 5 percent. Consistency of mortar shall be such that it will readily adhere to the pipe. 2.06 MANHOLE STEPS A. Not used. 2.07 MANHOLE FRAMES AND COVERS A. All castings for manhole rings and covers may be of the best quality gray cast iron, free from cracks, holes, scale, shrinkage, distortion, and other defects which might make them unfit for their intended use. They shall be of workmanlike finish, shall be FY042165 Wedington Drive Water & Sewer Section 02740 - 1 I non -rocking, shall have all bearing surfaces machined smooth and shall be of such quality that a blow from a hammer will produce an indentation on a rectangular edge of the casting without flaking the metal. Material shall be ASTM A48-83 or ASTM A536, Class 35, or better, designed to support H-20 traffic loading. B. Manhole rings and lids shall have a combined weight of not less than 270 lbs and I shall have a minimum access diameter of 22 inches. The manhole lids shall be of solid construction without any openings of any type except two (2) concealed pick holes which shall be located on direct opposite sides of the manhole lid. The concealed pick holes shall be of such design as not to allow infiltration into the manhole. Manhole lids shall have "SANITARY SEWER" cast on the lids. C. Standard manhole rings and covers shall be Vulcan Foundry, Pattern V-1348-1 or approved equal. D. Watertight manhole rings and covers where required on the plans shall be Vulcan Foundry, Pattern V-2350-2 or approved equal. 2.08 WATERTIGHT MANHOLE INSERTS ' A. The manhole insert body shall be manufactured from 304 stainless steel with a thickness of not less than 18 gage, and be Rainstopper or approved equal. B. The insert shall have a straight side design to allow a loose fit for easy removal, and have no fewer than three (3) ribs stamped in the bottom for added strength. C. The manufacturer shall supply a load test, showing a load test failure in excess of 3000 lbs. D. The manhole insert shall have a gasket that provides positive seal in wet or dry conditions. The gasket shall be made of closed cell neoprene rubber and meet the ' requirement of ASTM D1056, or equal. E. 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 unraveling. The strap shall be attached with #6 high grade stainless steel rivets and washers to securely attach strap to the insert. The strap shall be capable of withstanding at least 500 pounds of force before failure. , F. The manhole insert shall have a valve to release gases at a pressure of 0.5 to 1.5 psi, and allow water inflow at a rate no greater than 5 gallons per 24 hours. G. All manhole frame and covers shall be fitted with a watertight manhole insert. 2.09 COATINGS ' A. Manhole interior epoxy coating according to Section 02713 - Spray Applied Manhole Coatings. B. Exterior manhole coating - coal tar epoxy paint, Kop Coat "Bitumastic Black Solution", Tnemec, "46-450 Heavy Tnemecol", or equal. FY042165 Wedington Drive Water & Sewer Section 02740 -2 I 2.10 NON - SHRINK GROUT A. Grout shall be non -shrink in the plastic state and show no expansion after set as tested in accordance with ASTM C 827 and shall develop compressive strength not less than 3,000 psi with a trowelable mix within 24 hours per ASTM C 109. The placement time shall be not less than 45 minutes based on initial set per ASTM C 191. Test results shall be furnished by the manufacturer and submitted to the Engineer. II PART 3 3.01 3.02 3.03 3.04 3.05 EXECUTION EXCAVATION AND BACKFILL A. Conform to applicable portions of Section 02200, EARTHWORK, TRENCH EXCAVATION AND BACKFILL. Backfill around manholes shall be of same quality as trench backfill immediately adjacent. MANHOLE BASE A. Manhole bases shall be a minimum of 12 -inches thick and shall be cast directly on firm undisturbed soil. MANHOLE WALL A. Construct manhole wall in accordance with procedures described for concrete wall construction in Section 03300, CONCRETE. B. Manhole walls are to be 8 inches thick. MANHOLE FRAMES AND COVERS A. Install frames and covers on top of manholes to positively prevent all infiltration of surface or groundwater into manholes. Frames shall be set in a bed of mortar with the mortar carried over the flange of the ring as shown in the Manhole Details on the Drawings. Set frames so tops of covers are flush with surface of adjoining pavement or ground surface, unless otherwise shown or directed. COATINGS A. Coat all manhole interiors with epoxy according to Section 02713 — Spray Applied Manhole Coatings. B. Exterior surfaces of all manholes shall be coated with two mop coats of coal tar epoxy paint. Dry film thickness shall be a minimum of 14.0 mils per coat. Recoating shall be done in accordance with manufacturer's recommendations. 3.06 VACUUM TESTING A. Plug lift holes with an approved non -shrink grout. B. Plug pipe entering manholes, take care to securely brace plug from being drawn into the manhole. FY042165 Wedington Drive Water & Sewer Section 02740 - 3 Place test head inside top of cc manufacturer's recommendations. Draw a vacuum of 10 inches of mercury and shut pump off. With valves shut, measure the time for the vacuum to drop to 9 inches. Test is satisfactory if the time is greater than the following: 48 -inch diameter: 60 -inch diameter: 72 -inch diameter: If manhole fails initial test, make necessary repairs with non -shrink grout on exterior of the manhole while the vacuum is still being drawn. Retest uni satisfactory test is obtained. Payment for the work in this Section will be included as part of the unit price bid amounts stated in the Proposal. No separate payment will be made for testing the complete sewer manhole. Payment for 4 ft diameter standard manholes shall be for 6 ft or less in height as listed in the Proposal. The price includes excavation, backfill, manhole, invert, ring and cover, interior and exterior costing, manhole insert, and testing. Payment for extra depth manhole shall be by the vertical foot for 4 ft diameter manhole as listed in the Proposal. Payment shall be made in 1 ft increments based on rounding off to the nearest foot the actual measured depth from the invert out to the top of the ring and subtracting the 6 ft height included in the cost per each manhole. Separate payment will be made for manholes requiring drop structures. Include the cost of the drop structure in the bid price for drop manholes, 0 to 6 feet deep, as no distinction is to be made for extra depth for drop manholes as compared to standard manholes. FY042165 Wedington Drive Water & Sewer y - SECTION 03210 REINFORCING STEEL This Section covers the work necessa reinforcing steel and welded wire fabric. See CONDITIONS OF THE CONTRACT and Division 1, GENERAL REQUIREMENTS, which contain information and requirements that apply to the work specified herein and are mandatory for this project. Submittals during construction shall be made in SUBMITTALS DURING CONSTRUCTION, REQUIREMENTS. In addition, the followin; provided: Bending Lists Placing Drawings DEFORMED REINFORCING BARS accordance with Section 01300, in Division 1, GENERAL specific information shall be Deformed billet -steel bars conforming to ASTM A615, Grade 60. Conform to ASTM A 185 or Tie wire shall be 16 -gauge, black, soft -annealed wire. Bar supports shall be of proper type for intended use. Bar supports in beams, columns, walls, and slabs exposed to view after stripping shall be small rectangular concrete blocks made up of the same color and same strength concrete being placed around them. Use concrete supports for reinforcing in concrete placed on grade. Conform to requirements of "Placing Reinforcing Bars" published by CRSI. FY042165 Wedington Drive Water & Sewer I PART 3 EXECUTION ' 3.01 GENERAL A. Conform to "Placing Reinforcing Bars", Recommended Practices, Joint Effort of CRSI-WCRSI, prepared under the direction of the CRSI Committee on Engineering Practice. B. Notify the Engineer when reinforcing is ready for inspection and allow sufficient time for this inspection prior to casting concrete. 3.02 DELIVERY AND STORAGE A. Deliver steel with suitable hauling and handling equipment. Tag steel for easy identification. Store to prevent contact with the ground. The unloading, storing, and handling bars on the job shall conform to CRSI publication "Placing Reinforcing Bars". 3.03 PLACING REINFORCING STEEL- CLEANING I I I I A. Clean metal reinforcement of any loose mill scale, oil, earth and other contaminants. I 3.04 STRAIGHTENING AND REBENDING REINFORCING STEEL A. Do not straighten or rebend metal reinforcement. Where construction access through reinforcing is a problem, bundling or spacing of bars instead of bending shall be used. Submit details and obtain Engineer's review prior to placing. 3.05 A. 3.06 A. 3.07 A. 3.08 A. 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. REINFORCING STEEL - LOCATION TOLERANCE Conform to the current edition of "Placing Reinforcing Bars" published by Concrete Reinforcing Steel Institute and to the Details and Notes on the Drawings. SPLICING Conform to Drawings and current edition of ACI Code 318. Splices in adjacent bars shall be staggered. TYING DEFORMED REINFORCING BARS Conform to the current edition of "Placing Reinforcing Bars" published by Concrete Reinforcing Steel Institute and to the Details and Notes on the Drawings. I I I I I I P I FY042165 Wedington Drive Water & Sewer Section 03210 - 2 ' 3.09 REINFORCEMENT AROUND OPENINGS A. Place an equivalent area of steel around the pipe or opening and extend on each side sufficiently to develop bond in each bar. See the Details on Drawings for bar extension length each side of opening. Where welded wire fabric is used, provide extra reinforcing using fabric of deformed bars. 3.10 WELDING REINFORCEMENT A. Welding shall not be permitted unless the Contractor submits detailed shop drawings, qualifications, and radiographic nondestructive testing procedures for review by the Engineer. The Contractor shall obtain the results of this review prior to proceeding. The basis for the Contractor submittals shall be The Structural Welding Code, Reinforcing Steel, AWS DI.4-79, published by the American Welding Society and the applicable portions of ACI 318, current edition. The Contractor shall test 10 percent of all welds using radiographic, nondestructive testing procedures referenced in this code. 3.11 PLACING WELDED WIRE FABRIC A. Extend fabric to within 2 inches of the edges of the slab, and lap splices at least 1-1/2 courses of the fabric and a minimum of 6 inches. Tie laps and splices securely at ends and at least every 24 inches with 16 -gauge black annealed steel wire. Ensure that the welded wire fabric is placed at the proper distance above the bottom of the slab. Conform also to ACI 318-77 and to the current Manual of Standard Practice, Welded Wire Fabric, by the Wire Reinforcement Institute regarding placement, bends, laps, and other requirements. 3.12 FIELD BENDING A. Field bending of reinforcing steel bars is not permitted when rebending will later be required to straighten bars. Rebending of bars at the same place where strain hardening has taken place due to the original bend will damage the bar. Consult with the Engineer prior to any pour if the contractor foresees a need to work out a solution to prevent field bending. 3.13 PAYMENT A. Payment for the work in this Section will be included as part of the applicable unit price or lump sum bid amounts stated in the Proposal. END OF SECTION FY042165 Wedington Drive Water & Sewer Section 03210-3 SECTION 03300'` CONCRETE PART1 GENERAL 1.01 SCOPE A. This Section covers the work necessary to furnish and install, complete, the cast -in -place concrete, including formwork. II B. See Part 3, CONDITIONS OF THE CONTRACT, and Division 1, GENERAL REQUIREMENTS, which contain information and requirements that apply to the work specified herein and are mandatory for this project. 1.02 SUBMITTALS DURING CONSTRUCTION A. Submittals during construction shall be made in accordance with Section 01300, SUBMITTALS DURING CONSTRUCTION, in Division 1, GENERAL REQUIREMENTS. In addition, the following specific information shall be provided: 1. Concrete Mix Design 2. Certification for Aggregate Quality 1.03 PLANT INSPECTION A. The Engineer shall have access to and have the right to inspect all batch plants, cement mills, and supply facilities of suppliers, manufacturers, subcontractors, and contractors providing products included in these Specifications. Batch plants shall have current certification that all weighing scales have been tested and are within the tolerances as set forth in the National Bureau of Standards Handbook No. 44. B. Batch plant equipment shall be either semiautomatic or fully automatic. 1.04 RELATED WORK SPECIFIED IN OTHER SECTIONS Section No. Item 02601 Asphalt and Concrete Restoration 02740 Manhole Construction 03210 Reinforcement Steel PART 2 PRODUCTS 2.01 CEMENT A. Cement type will be submitted by the Contractor for the Engineer's approval. 2.02 WATER A. Clean and free from oil, acid, alkali, organic matter, or other deleterious substances. FY042165 Wedington Drive Water & Sewer Section 03300 - 1 LI 2.03 CONCRETE AGGREGATES - GENERAL A. Natural aggregates, free from deleterious coatings, conforming to ASTM C33, t together with all referenced ASTM Standard Specifications, except as modified herein. Aggregates shall not be potentially reactive as defined in Appendix XI of ASTM C33. The Contractor's attention is directed also to Paragraph Si.! of Appendix XI of ASTM C 33 since evidence of reactive problems on existing structures shall be used also to prove that sources of aggregates are reactive and cannot be used. The Contractor shall be responsible for meeting these Specifications and shall import nonreactive aggregates if local aggregates are reactive. Aggregates shall be thoroughly and uniformly washed before use. 2.04 FINE AGGREGATES A. Conform to ASTM C33. Materials finer than the 200 sieve shall not exceed 4 1 percent. Use only clean, sharp, natural sand. 2.05 COARSE AGGREGATE , A. Use only crushed gravels, crushed stone, or a combination of these materials containing no more than 15 percent float or elongated particles (long dimension more than five times the short dimension). Materials finer than the 200 sieve shall not exceed 0.5 percent. 2.06 GROUTS - NONSHRINK ' A. Nonshrink grout for general use where required, shall conform to the Corps of Engineers' Specification for Nonshrink Grout, CRD-C621-81, and to these Specifications. The grout shall be subject to prequalification tests performed by the grout manufacturer. The results of the tests shall be submitted to and evaluated by ' the Engineer and included in this Specification prior to bidding to be acceptable. The tests shall be performed in an independent test laboratory or other prearranged location approved by the Engineer to verify fluidity, placement, shrinkage, and strength. Actual placement tests using steel baseplates will be used. The manufacturer shall furnish all baseplates and material, and shall perform the testing at his expense. B. Grout shall be a fluid grout capable of satisfactorily meeting the Engineer's baseplate ' test and shall be nonmetallic, unless specified for special use hereinafter. The grout shall be a nongas-liberating type, cement base product; premixed product requiring only the addition of water for the required consistency. All components shall be inorganic. No material, except water, shall be added at the project site. C. The grout product shall satisfy all of the above requirements even though the project ' use calls for a dry pack consistency and use. D. The following listed grouts are the only materials that have been tested, reviewed, and prequalified by the Engineer, that meet these requirements, and are acceptable for general use such as grouting of equipment supports. 1. SET nonshrinking grout, Master Builders Co., Cleveland, Ohio FY042165 Wedington Drive Water & Sewer Section 03300 - 2 , 2. Crystex, L.& M Construction Chemicals, Inc., Omaha, Nebraska E. For grouting baseplates for machinery, see Category I and Category II grouts hereinafter specified. F. The grout used shall be cured as recommended by the grout manufacturer. 2.07 FORM MATERIAL - GENERAL A. Form surfaces shall be in "new and undamaged" condition and may be plywood, hard plastic finished plywood, overlaid waterproof particle board, and steel of sufficient strength and surface smoothness to produce the specified finish. B. All joints in forms shall be taped, gasketed, plugged, and/or caulked with an approved material so that the joint will remain watertight and withstand placing pressures without bulging outward or creating surface patterns. Formwork with gaps and apertures in the form surfaces shall not be used. Form surfaces that have been damaged and are no longer in a smooth "new and undamaged" condition shall not be reused except in areas where finish is of no real concern and then only after written approval is obtained from the Engineer. C. The Contractor shall comply with all form tie requirements included in the various sections of this Specification, and shall submit shop drawing information for review by Engineer and obtain approval prior to purchase of forms. 2.08 FORM TIES A. Form ties on exposed surfaces shall be located in a uniform pattern or as indicated on the Drawings. Form ties shall be constructed so that the tie remains embedded in the wall, except for a removable portion at each end. Form ties shall have conical or spherical type inserts, inserts shall be fixed so that they remain in contact with forming material, and shall be constructed so that no metal is within 1 inch of the concrete surface when the forms, inserts, and tie ends are removed. Wire ties will not be permitted. Ties shall withstand all pressures and limit deflection of forms to acceptable limits. B. Flat bar ties for panel forms shall have plastic or rubber inserts having a minimum depth of 1 inch and sufficient dimensions to permit proper patching of the tie hole. A. Bond breaker shall be a nonstaining type, which will provide a positive bond prevention such as Williams Tilt -Up Compound, as manufactured by Williams Distributors, Inc., Seattle, WA; Silcoseal 77, as manufactured by SCA Construction Supply Division, Superior Concrete Accessories, Franklin Park, IL; or equal. Submit review copies of manufacturer's data, recommendations, and instructions for specific use on this project. 2.10 CURING COMPOUND A. Curing compound to conform to the requirements of ASTM C309, with the additional requirement that permeability not exceed 0.039 gm/square cm/72 hours. FY042165 Wedington Drive Water & Sewer Section 03300 - 3 LJ PART 3 3.01 Masterseal, manufactured by Master Builders, Cleveland, Ohio; Euco Floor Coat, manufactured by Euclid Chemical Co., Cleveland, Ohio; or equal. Curing compounds shall be compatible with required finishes and/or coatings. Tests for compliance shall be made by manufacturer with certification furnished by the Contractor. Manufacturer's certification shall state quantity or coverage required to meet or exceed tests and method of application. The manufacturer shall submit certification that the product meets ASTM C309 and the additional permeability requirement, and shall specifically state the coverage required to meet these requirements. The Contractor shall not use the curing compound where additional finishes such as hardeners, paintings, staining, and other special coatings are required. Use water curing as hereinafter specified instead. EXECUTION DESIGN OF CONCRETE MIX - PROPORTIONS (GENERAL) A. Before beginning any concrete work, the Contractor shall have the concrete mix designed and the ingredients selected and proportioned by an approved independent testing laboratory meeting the requirements of ASTM E 329. Certified copies of all laboratory trial mix reports shall be sent to the Engineer from the testing laboratory. Do not place concrete prior to the Engineer's review and acceptance in writing of the concrete mixes and the cylinder test results from these laboratory mixes. K! C. D. The concrete mix shall be designed so that the proportions will produce results that will meet the requirements of the project. The concrete shall be proportioned in accordance with ACI 211 subject to the following specifications. Design the mix and perform tests to meet the following requirements: Design strength of structural concrete shall be a minimum of 3,000 psi at 28 days. The combined aggregate grading shall be for the 1 inch grading combination hereinafter specified, unless otherwise shown on the Drawings or specified herein. 2. The water -cement ratio or water -cement plus pozzolan ratio, if applicable, shall not exceed 0.49 by weight, unless otherwise approved in writing by the Engineer. 3. Minimum cement content or combined cement plus fly ash content when fly ash is used for performance and longevity, regardless of design strength, shall be 423 pounds per cubic yard for concrete with 1 -1/2 -inch maximum size aggregate, 470 pounds per cubic yard for 1 -inch maximum size aggregate, and 517 pounds per cubic yard for 3/4 -inch maximum size aggregate. The Contractor shall increase cement content or the combined cement plus fly ash content, when fly ash is used, as required to meet strength requirements. The amount of fly ash used shall not exceed 25 percent or be less than 15 percent of the total weight of fly ash plus cement. Verify that design mix test results reflect the slump to be used. I I II I I El I I I I I I I I I I FY042165 Wedington Drive Water & Sewer Section 03300 - 4 , 4. Concrete used for thrust blocks and encasement of pipelines shall have a design strength of 2,500 psi at 28 days. 3.02 MEASUREMENT OF MATERIALS AND MIXING A. Conform to ACI 304 current edition and to other requirements hereinbefore specified for mix design, testing, and quality control and to these Specifications. 3.03 RETEMPERING A. The retempering of concrete or mortar in which the cement has partially hydrated will not be permitted. 3.04 REUSE OF FORMS A. Reuse of forms will be permitted only if a "like new" condition, unless otherwise approved in writing, is maintained. The Engineer shall be notified one full working day prior to concrete placement so that the forms can be inspected. The Contractor shall correct any defective work, found in the Engineer's inspection, prior to delivery of concrete to the project. Formwork surfaces that were in good condition and accepted for use, but were damaged during removal and handling shall not be reused on additional pours. The Contractor is expected to take care in the handling of forms and to obtain approval of form surfaces prior to each reuse. B. All forms, falsework, shoring, and other structural formwork required shall be structurally designed by the Contractor and the design shall comply with all applicable safety regulations, current OSHA regulations, and other codes. Comply with applicable portions of ACI 347, ACI 318 current edition, and these Specifications. All design, supervision, and construction for safety of property and personnel shall be the Contractor's full responsibility. 3.05 FORM TOLERANCES Ii A. Forms shall be surfaced, designed, and constructed to meet ACI 318 and the following minimum requirements for the specified finishes. Failure of the forms to produce the specified requirements will be grounds for rejection of the concrete work. Rejected work shall be repaired or replaced by the Contractor at no additional cost to the Owner. All repair or replacement shall be subject to these Specifications and the approval of the Engineer. Where the Contractor's work does not meet the tolerance specifications he shall submit his proposed method to upgrade the specified finish to compensate for the inferior appearance or to repair or provide an acceptable alternate solution. Obtain in writing the approval of this repair or alternate solution before proceeding. All repair work or work on an alternate solution required shall be at no additional cost to the Owner. 3.06 FORM SURFACE PREPARATION - GENERAL A. All form surfaces in contact with the concrete shall be thoroughly cleaned of all previous concrete, dirt, and other surface contaminants prior to preparing by the applicable method below. Do not reuse damaged form surfaces. FY042165 Wedington Drive Water & Sewer Section 03300 - 5 LJ 3.07 EXPOSED WOOD FORMS I A. All wood surfaces in contact with the concrete shall be coated with an effective release agent prior to form installation. The release agent shall be nonstaining and nontoxic after 30 days. 3.08 STEEL FORMS ' A. Mill scale and other ferrous deposits shall be sandblasted or otherwise removed from the contact surface of forms. All forms shall have the contact surfaces coated with a release agent. The release agent shall be effective in preventing discoloration of the concrete from rust, and shall be nontoxic after 30 days. 3.09 BEVELED EDGES (CHAMFER) A. Not used. ' 3.10 REMOVAL OF FORMS A. The Contractor shall be responsible for all damage resulting from improper and premature removal of forms. Satisfy all applicable OSHA requirements with regard to safety of personnel and property. ' 3.11 BACKFILL AGAINST WALLS A. Not used. 3.12 PLACING CONCRETE - GENERAL A. Upon completion of forms and placing of reinforcing steel, and before concrete is placed, notify other trades whose work is in any way connected to, combined with, or ' influenced by the concrete work. Allow them reasonable time to complete their portion of work which must be completed before concrete is placed. B. Notify Owner or his authorized representative at least 1 full working day in advance before starting to place concrete to permit inspection of forms, reinforcing, sleeves, conduits, boxes, inserts, or other work required to be installed in concrete. C. Placement shall conform to the requirements and recommendations of ACI 304, except as modified herein. D. Place concrete as soon as possible after leaving mixer, without segregation or loss of ingredients. E. When placing concrete, use of aluminum pipe or other aluminum conveying devices , will not be permitted. F. Before depositing concrete, remove debris from the space to be occupied by the ' concrete. Prior to placement of concrete, dampen gravel fill under slabs on ground, dampen sand where vapor barrier is specified, and dampen all wood forms. Reinforcement shall be secured in position and acceptable to the Engineer before concrete is placed. Conform to ACI 304 and to other requirements needed to obtain FY042165 Wedington Drive Water & Sewer Section 03300 - 6 ' the finishes specified. 3.13 CONVEYOR BELTS AND CHUTES A. All ends of chutes, hopper gates, and all other points of concrete discharge throughout the Contractor's conveying, hoisting, and placing system shall be so designed and arranged that concrete passing from them will not fall separated into whatever receptacle immediately receives it. Conveyor belts, if used, shall be of a type approved by the Engineer. Chutes longer than 50 feet will not be permitted. Minimum slopes of chutes shall be such that concrete of the specified consistency will readily flow in them. If a conveyor belt is used, it shall be wiped clean by a device operated in such a manner that none of the mortar adhering to the belt will be wasted. All conveyor belts and chutes shall be covered. Sufficient illumination shall be provided in the interior of all forms so that the concrete at the places of deposit is visible from the deck or runway. 3.14 PUMPING OF CONCRETE - GENERAL A. Pumping of concrete will be permitted only with the Engineer's approval. If the pumped concrete does not produce satisfactory end results, the Contractor shall discontinue the pumping operation and proceed with the placing of concrete using conventional methods. 3.15 REMOVAL OF WATER A. Unless the tremie method of placing concrete is specified, remove all water from the space to be occupied by the concrete. U 3.16 CONSOLIDATION AND VISUAL OBSERVATION a A. Concrete shall be consolidated with internal vibrators having a frequency of at least 8000 vpm, with amplitude required to consolidate the concrete in the section being placed. At least one standby vibrator in operable condition shall be at the placement site prior to placing the concrete. Consolidation equipment and methods shall 11 conform to ACI 309. The forms shall contain sufficient windows or be limited in height to allow visual observation of the concrete and the vibrator operator shall be required to see the concrete being consolidated to ensure good quality workmanship, or the Contractor shall have a person who is actually observing the vibration of the concrete at all times and advising the vibrator operator of any changes needed to assure complete consolidation. 3.17 PLACING CONCRETE IN HOT WEATHER A. Prepare concrete aggregates, mixing water, and other ingredients; place concrete; cure; and protect in accordance with the requirements of ACI 305. Provide special admixtures and special curing methods required by other paragraphs in this Section even though not required by ACI 305 and ACI 318. Water -reducing and/or set -retarding admixtures shall be used in such quantities as especially recommended by the manufacturer to assure that the concrete is workable, and lift lines will not be visible in architectural concrete finishes. B. Every effort shall be made to maintain a concrete temperature below 90 degrees F at FY042165 Wedington Drive Water & Sewer Section 03300-7 LJ time of placement. Ingredients shall be cooled before mixing to prevent excessive concrete temperature. C. Provisions shall be made for windbreaks, shading, fog spraying, sprinkling, or wet cover, when necessary. 3.18 PLACING CONCRETE IN COLD WEATHER ' A. Do not place concrete when the ambient temperature is below 40 degrees F, or approaching 40 degrees F and falling, without special protection as hereinafter specified. No concrete shall be placed against frozen earth or ice, or against forms and reinforcement with frost or ice present. B. Temperatures of the concrete mix shall be as shown below for various stages of mixing, placing of the concrete mix. CONCRETE TEMPERATURES Section size, minimum dimension, inch Air Temp. 12 in. 12-36 inches 36-72 inches 72 inches Minimum concrete temperature as mixed for indicated weather: 1 Above 30 F 60F 55 F 50F 45 F Oto30F 65F 60F 55F 50F Below0F F 70 F 65 F 60 F 55 F ' Maximum allowable gradual temperature drop in first 24 hours after ' end of protection: 50F 40F 30F 20 F C. Concrete placed shall be cured and protected as hereinafter specified for a minimum of 7 days except that the strength requirements may require additional protection and curing during cold weather due to delayed field strength gain. D. During cold weather concreting the Contractor shall cast six extra test cylinders, for field curing, from the last 100 cubic yards of concrete but not fewer than three specimens shall be cast for each 2 hours of placing time or for each 100 yards, whichever produces greater number of specimens. These specimens shall be in addition to those cast by the Engineer for lab testing as specified hereinafter in , Paragraph EVALUATION AND ACCEPTANCE OF CONCRETE. E. Test cylinders shall be protected from the weather until they can be placed under same protection provided for the parts of the structure which they represent. Test cylinders shall be tested in accordance with applicable sections of ASTM C 31 and C 39. Evaluation and acceptance as per ACT 318-77, Paragraph 4.8.3. F. The actual temperature of the concrete surface determines the effectiveness of FY042165 Wedington Drive Water & Sewer Section 03300 - 8 ' protection, regardless of air temperatures or whether the objective is durability or strength. Because corners and edges of concrete are most vulnerable to freezing and usually are more difficult to maintain at the required temperature, their temperatures should be monitored to evaluate and verify the protection provided. The Contractor shall provide a sufficient number of thermometers to be placed on the concrete surfaces spaced throughout the work to allow inspection and monitoring of concrete surface temperatures representative of all the work. G. Heating units should be vented and not be permitted to heat or dry the concrete locally. Fresh concrete exposed to carbon dioxide (CO2) gas from polluted atmospheres or resulting from the use of salamanders or other heating devices which ft exhaust flue gases directly into an enclosed area may result in concrete carbonation, causing soft surfaces of varying depths depending on the concentration of carbon dioxide, the temperature at which the concrete was cured, and the relative humidity. Carbon monoxide, which can occur with partial combustion, and high levels of g carbon dioxide are potential hazards to workmen. Moreover, strict fire prevention measures should be enforced. Concrete at any age can be damaged by fire, but at a very early age it may be additionally damaged by freezing until new protection can be provided. H. Maintain curing conditions which will foster normal strength development without excessive heat, and without critical saturation of the concrete at the close of the protection period. I. Limit rapid temperature changes, particularly before strength has developed sufficiently to withstand temperature stresses. Sudden chilling of concrete surfaces or exterior members in relation to interior structure can promote cracking to the Q detriment of strength and durability. At the end of the required period, protection should be discontinued in such a manner that the drop in temperature of any portion of the concrete will be gradual and will not exceed, in 24 hours, the amount shown in the table hereinbefore specified. Maintain the temperature of the concrete above 50 degrees for a minimum of 7 days. The Contractor shall submit his detailed plan for cold weather curing and protection of all concrete that is to be placed and/or cured in weather below 40 degrees F. Reference may be made to the recommendations of ACI 306 and ACI 318 for additional information. Conform to these Specifications and to any additional information in ACI 306 which will provide the temperature protection and curing for the 7 -day period. K. Additives for the sole purpose of providing "freeze protection" shall not be used. Additives to shorten the cure time may be used if approved; however, the concrete shall be placed and cured at all times at temperatures above freezing as hereinbefore specified. 3.19 BONDING TO NEW CONCRETE HORIZONTAL CONSTRUCTION JOINTS A. Roughen the surface of the hardened concrete. Thoroughly clean and saturate with water, cover the horizontal surfaces only with at least 2 inches of grout, as hereinbefore specified, and immediately place concrete. New concrete is defined as less than 60 days old. Limit the concrete lift placed immediately on top of the grout to 12 inches thick and thoroughly vibrate to mix and consolidate the grout and FY042165 Wedington Drive Water & Sewer Section 03300 - 9 I concrete together. Provide inspection windows to allow close visual inspection of this work. 3.20 BONDING TO OLD CONCRETE ' A. Coat the contact surfaces with bonding agent specified hereinbefore. The method of preparation and application of both the bonding agent and the grout shall conform to the manufacturer's printed instructions and recommendations for specific application for this project. Obtain this recommendation in writing from the manufacturer's representative. 3.21 EVALUATION AND ACCEPTANCE OF CONCRETE A. Conform to ACI Standard Building Code requirements for reinforced concrete (ACI 318-83), Section 4.7, "Evaluation and Acceptance of Concrete", and to the following ' specifications: 1. The Contractor will have tests made by an independent testing laboratory, approved by the Owner, to determine compliance with the Specifications. The Contractor shall furnish necessary labor to assist testing agencies in obtaining, handling, and protecting and/or curing samples at the jobsite. The Contractor shall provide adequate facilities for safe storage and proper curing of concrete test cylinders on the project site for the first 24 hours, and for additional time as may be required before transporting to the test lab. Specimens will be made, cured, and tested in accordance with ASTM C 31 and ASTM C 39. 2. One set of test cylinders for each class of concrete placed each day shall be taken not less than once a day, nor less than once for each 100 cubic yards of concrete, nor less than once for each 3,000 square feet of wall or slab surface area. Each set of test cylinders shall consist of one cylinder to be tested at 7 ' days, and two (2) cylinders to be tested at 28 days, and one spare cylinder for 28 day test if necessary. The Contractor may take any additional cylinders he feels necessary. 3. The frequency of testing may be increased if necessary. Additional testing, if required, will be paid by the Owner. 4. Where the term "building official" is used in Section 4.7 of ACI 318-83, the ' term shall be redefined to "the Owner's representative". 3.22 DEFECTIVE AREAS A. Remove all defective concrete such as honey -combed areas and rock pockets out to sound concrete. Small shallow holes caused by air entrapment at the surface of the forms shall not be considered defects unless the amount is so great as to be considered not the standard of the industry and due primarily to poor workmanship. If chipping is required, the edges shall be perpendicular to the surface. Feather edges shall not be permitted. The defective area shall be filled with a nonshrink, nonmetallic grout. Use an approved bonding agent on horizontal patches prior to placing nonmetallic, nonshrink grout. Since some bonding agents may not be ' compatible for some vertical surface patching techniques, submit all proposed FY042165 Wedington Drive Water & Sewer Section 03300 - 10 1 ,. ., two methods for repair of vertical surfaces prior to ordering materials. The Contractor shall consult with representatives of the bonding agent manufacturer and the nonshrink grout manufacturer, and obtain a written recommendation for the patching of defective areas. Submit this information for review prior to performing the work. 3.23 CONCRETE SLAB FINISHES a ii A. The excessive use of "jitterbugs" or other special tools designed for the purpose of forcing the coarse aggregate away from the surface and allowing a layer of mortar to accumulate will not be permitted on any slab finish. The dusting of surfaces with dry materials will not be permitted. Slabs and floors shall be thoroughly compacted by vibration. All edges of slabs and tops of walls shall be rounded off with a steel edging tool, except where a cove finish is indicated on the Drawings. Steel edging tool radius shall be 1/4 inch for all slabs subject to wheeled traffic. 3.24 CURING OF CONCRETE A. Cure concrete by keeping the surface continuously wet for 7 days where normal portland cement is used, or 3 days where high -early strength Type III cement is used. Subject to approval by the Engineer, one of the following methods shall be followed: 1. Concrete forms shall be left in place and kept sufficiently damp at all times to prevent opening of the joints and drying of the concrete; or 2. A curing compound as hereinbefore specified, where allowed, shall be applied immediately after removal of forms. 3. Exposed surfaces shall be continuously sprinkled. B. Slabs: 1. Protect surface by ponding; or 2. Cover with burlap or cotton mats kept continuously wet; or 3. Cover with 1 -inch layer of wet sand, earth, or sawdust, and keep continuously wet; or 4. Continuously sprinkle the exposed surface; or 5. Other agreed upon method that will provide that moisture is present and uniform at all times on the entire surface of the slab; the Contractor shall determine the best method of his operation to ensure a good water cure and submit this for review. 3.25 CURING AND PROTECTION IN COLD WEATHER A. Conform to cold weather concreting hereinbefore specified and to ACI 306. Where water curing, as specified hereinbefore for slabs, is not possible, use a double coverage of an approved curing compound and protect the slabs during the cold weather from traffic by the use of Visqueen or other material inside the required heated enclosure if foot traffic is permitted on the slabs. Repair or replace concrete FY042165 Wedington Drive Water & Sewer Section 03300-11 damaged by cold weather. 3.26 PAYMENT A. Payment for the work in this Section will be included as part of the applicable lump sum or unit price bid amounts stated in the Proposal. B. No separate payment shall be made for concrete used as pipe fitting thrust blocks. The cost of thrust blocks shall be included in the payment for the cast iron fittings. C. No separate payment will be made for concrete used around valve boxes. END OF SECTION FY042165 Wedington Drive Water & Sewer Section 03300 - 12 i'IFr v.�•f N a a a a a II U SECTION 15001 PLANT PIPING - GENERAL PART1 GENERAL 1.01 SCOPE A. This Section covers the work necessary to furnish and install, complete, the plant piping specified herein, and as further specified in the Detail Piping Specifications hereinafter. B. Al! pipe, fittings, valves and related appurtenances as well as installation procedures shall conform to Fayetteville's Standard Water Line Specifications appended hereto. In the case of conflict between these Specifications and Fayetteville's Standard Specifications, Fayetteville's Standards shall govern. 1.02 GENERAL 19111 A. Like items of material provided hereunder shall be the end products of one manufacturer. B. See CONDITIONS OF THE CONTRACT and Division 1, GENERAL REQUIREMENTS, which contain information and requirements that apply to the work specified herein and are mandatory for this project. PIPE FITTINGS AND COUPLING COMPATIBILITY A. To assure uniformity and compatibility of piping components in piping systems, fittings and couplings shall be furnished by the same manufacturer. 411:3uIYY14"&1Dil1:71►[eZKi1�6�1Il iiL�il�(i1►I A. In addition to the requirements of Section 01300, SUBMITTALS DURING CONSTRUCTION, Division 1, GENERAL REQUIREMENTS, the following information shall be provided: 1. Shop Drawings: A specific selection of pipe material and joint type for each pipeline. 2. Drawings of each piping system to the scale shown on the Drawings, locating each support and hanger, identifying the type by catalog number or shop drawing detail number, and showing anchor locations and identifying them by shop drawing detail number. 3. Detail installation drawings, catalog information, and complete component selection list for metal framing pipe support systems in the pipe galleries, trenches, and other locations employing metal framing pipe support systems. FY042165 Wedington Drive Water & Sewer Section 15001-1 n 4. Thrust blocking and pipe restraints shall be provided for all I mechanical joint fittings. All thrust blocking shall meet or exceed the requirements shown on the Drawings. For locations where thrust ties are required, the Contractor shall submit calculations of the pipe lengths to be restrained for the Engineer's review. Restrained joints shall comply with ANSUAWWA A21.51/C151. 5. Submit manufacturer's written certification that the factory -applied coating system(s) is identical to the requirements specified herein. Where, in the manufacturer's opinion, the coating system(s) exceeds the requirements specified herein, submit complete technical literature of the proposed system(s) to the Engineer for review. 1.05 STANDARDS, SPECIFICATIONS, AND CODES A. Piping systems shall conform to the Standards issued by the Fayetteville Water Department. PART 2 PRODUCTS I 2.01 GENERAL A. The materials to be used for the piping systems are shown on the Drawings. 2.02 PIPE JOINTS FOR EXPOSED PIPING A. Flanged, weld, soldered, or screwed end pipe joints shall be used on exposed piping. Changes in pipe joints shall be submitted with the shop drawings, as specified hereinbefore, for the Engineer's approval. 2.03 PIPE ENDS FOR BURIED PIPING A. Mechanical joint or push -on joint pipe ends shall be used for all buried ductile iron pipe and fittings. PVC pipe shall be push -on joint. Anchoring of retainer glands with setscrews is not acceptable. Megalug retainer glands are required on all mechanical joint fittings. Megalug retainer glands shall be specifically designed for use on PVC pipe or ductile iron pipe, as applicable. B. Within the limitations noted above, all pipe materials and joints do not necessarily have to be the same for all lines in a specific service, except that the materials and joints for any particular building, or between any two buildings, or for any particular buried line, shall be the same. 2.04 PIPE MATERIALS U A. Black steel shall comply with Standard AP1-5L, Schedule 40 (standard weight) ASA B36. 10. Pipe threads shall comply with standard for pipe threads, API Standard 5B. Pipe joints may be screwed, flanged, or welded. Fitting shall be malleable iron or steel and shall be copper or brass when used with copper or brass pipe or tubing. 1 FY042165 Wedington Drive Water & Sewer Section 15001-2 1 2.05 GALLERY AND TRENCH PIPING EXPANSION PROVISIONS A. All piping in galleries and trenches must be installed to allow for thermal expansion due to the differences between installation and operating temperatures. XGL WiliIs071►[HQI9le[H�1:IJ.�►1.y[OJ►1a;�.]Lly[.J►M A. The Contractor may install additional flexible couplings to facilitate piping installation, provided that he submits complete details describing location, pipe supports, and hydraulic thrust protection. Acceptable types of flexible couplings and expansion joints shall be as follows: 2.07 METALLIC PIPING SYSTEMS A. Flexible Couplings: Except as noted, flexible couplings for use with steel pipe shall be Dresser, Style 38; Rockwell, Style 411; or equal. Flexible couplings for use with ductile iron pipe shall be Dresser, Style 53 or 153; Rockwell, Style 431; or equal, with zinc -plated bolts and nuts. Thrust ties shall be provided as required and shown to sustain the force developed by 1-1/2 times the operating pressure specified. B. Transition Couplings: Transition couplings used to connect pipes with small differences in outside diameter shall be Dresser, Style 162; Rockwell, 413; or equal. C. Flanged Coupling Adapters: Flanged coupling adapters shall be Series 912 for ductile iron piping and Series 913 for steel piping, as manufactured by Rockwell International; or Style 127 for ductile iron piping and Style 128 for steel piping, as manufactured by Dresser Industries, Inc.; or equal. Couplings shall be provided with thrust ties attached to the pipe with welding lugs, cast -in -place lugs, or friction collars. Anchor studs placed perpendicular to the longitudinal axis of the pipe are unacceptable. Thrust protection shall be adequate to sustain the force developed by 1-1/2 times the operating pressures specified. PART 3 EXECUTION 3.01 GENERAL A. Prior to the start of the work, submit satisfactory evidence to the Engineer that all insurance coverage requirements have been complied with. All proposed construction methods and materials for the undercrossing shall be approved by the Engineer prior to the crossing operation, and no construction shall be started until written approval to proceed has been issued. 3.02 PIPE PREPARATION AND HANDLING A. Each pipe and fitting shall be carefully inspected before the exposed pipe or fitting is installed or the buried pipe or fitting is lowered into the trench. The interior and exterior protective coating shall be inspected. Clean ends of pipe thoroughly. Remove foreign matter and dirt from inside of pipe and keep clean during and after laying. B. Use proper implements, tools, and facilities for the safe and proper protection of the FY042165 Wedington Drive Water & Sewer Section 15001-3 I pipe. Carefully handle pipe in such a manner as to avoid any physical damage to the pipe. Do not drop or dump pipe into trenches under any circumstances. 3.03 PREPARATION OF TRENCH - LINE AND GRADE A. Grade the bottom of the trench by hand to the line and grade to which the pipe is to be laid, with proper allowance for pipe thickness and for pipe base when specified or indicated. Remove hard spots that would prevent a uniform thickness of bedding. Before laying each section of the pipe, check the grade with a straightedge and correct any irregularities found. The trench bottom shall form a continuous and uniform bearing and support for the pipe at every point between bell holes, except that the grade may be disturbed for the removal of lifting tackle. 3.04 BELL (JOINT) HOLES A. At the location of each joint, dig bell (joint) holes of ample dimensions in the bottom of the trench and at the sides where necessary to permit easy visual inspection of the entire joint. 3.05 REMOVAL OF WATER A. Provide and maintain ample means and devices at all times to remove and dispose of all water entering the trench during the process of pipe laying. The trench shall be kept dry until the pipe laying and jointing are completed. Removal of water shall be in conformance with specifications in Section 02200, EARTHWORK, TRENCH EXCAVATION AND BACKFILL. 3.06 PREVENT TRENCH WATER AND ANIMALS FROM ENTERING PIPE A. When the pipe laying is not in progress, including the noon hours, the open ends 1 of pipe shall be closed, and no trench water, animals, or foreign material shall be permitted to enter the pipe. I 3.07 PIPE COVER A. Minimum water main cover the 18 -inch water main shall be 4 feet below natural ' grade. Minimum water main cover for 8 -inch and smaller water mains shall be 3 feet below natural grade. Minimum service pipe cover shall be 2.5 feet. 3.08 LAYING BURIED PIPE A. All buried pipe shall be prepared as hereinbefore specified and shall be laid on the I prepared base and bedded to ensure uniform bearing. No pipe shall be laid in water or when, the in the opinion of the Engineer, trench conditions are unsuitable. Joints ' shall be made as herein specified for the respective types. Take all precautions necessary to prevent uplift and floating of the pipe prior to backfilling. B. Where the pipe is connected to concrete structures, the connection shall be made as shown. Make connection such that a standard pipe joint is located no more than 36 inches from the structure. I FY042165 Wedington Drive Water & Sewer Section 15001-4 ' II 3.09 3.10 3.11 3.12 3.13 3.14 WALL PIPES AND PIPE SLEEVES A. Wall pipes and pipe sleeves embedded in concrete walls, floors, and slabs shall be embedded as specified in Section 03300, CONCRETE and as shown. Support all pipes embedded in concrete walls, floors, and slabs with formwork to prevent contact with the reinforcing steel. INSTALLATION OF FLEXIBLE COUPLINGS, FLANGED COUPLING ADAPTERS, AND SERVICE SADDLES A. Prior to installation, thoroughly clean oil, scale, rust, and dirt from the pipe to provide a clean seat on the gasket. Care shall be taken that the gaskets are wiped clean before they are installed. If necessary, flexible couplings and flanged coupling adapter gaskets may be lubricated with soapy water or manufacturer's standard lubricant before installation on the pipe ends. Install in accordance with the manufacturer's recommendations. Bolts shall be tightened progressively, drawing up bolts on opposite sides a little at a time until all bolts have a uniform tightness. Workmen tightening bolts shall use torque -limiting wrenches. INSTALLATION OF INSULATING FLANGES, COUPLINGS, AND UNIONS A. Install insulating flanges, couplings, or unions wherever copper and ferrous metal piping are connected, wherever cathodically protected steel lines enter buildings, wherever submerged metallic piping is connected to unsubmerged piping, and where shown on the Drawings. All submerged metallic piping shall be isolated from the concrete reinforcement. TESTING - GENERAL A. Representatives of the Fayetteville Water Department shall be present when water mains are tested. B. Conduct pressure and leakage tests on all newly installed pipelines. Furnish all necessary equipment and material and make all taps in the pipe, as required. The Engineer will monitor the tests. Test pressures shall be 150% of normal operating pressures except where governing codes or regulations specify higher test pressures, or as otherwise specified. C. The minimum test pressure at any point in the water system shall be 250 psi. TESTING NEW PIPE WHICH CONNECTS TO EXISTING PIPE A. New pipelines which are to be connected to existing pipelines shall be tested by isolating the new pipe with the required valves or with grooved end pipe caps, spectacle blinds, or blind flanges. PREPARATION AND EXECUTION - BURIED PIPING A. Conduct final acceptance tests on buried piping that is to be hydrostatically tested after the trench has been completely backfilled. The Contractor may, if field conditions permit, as determined by the Engineer, partially backfill the trench and FY042165 Wedington Drive Water & Sewer Section 15001-5 H leave the joints open for inspection and conduct an initial service leak test. The acceptance test shall not, however, be conducted until all backfilling has been completed. I 3.15 EXPOSED PIPING A. Conduct the tests on exposed piping after the piping has been completely installed, '' including all supports, hangers, and anchors. 3.16 HYDROSTATIC LEAK TESTS - EQUIPMENT 1 A. Furnish the following equipment for the hydrostatic tests: Amount Description 2 Graduated containers 2 Pressure gauges 1 Hydraulic force pump Suitable hose and suction pipe as required. 3.17 PROCEDURE A. Water shall be used as the hydrostatic test fluid unless otherwise specified. Test ' water shall be clean and shall be of such quality as to minimize corrosion of the materials in the piping system. Vents at all high points of the piping system shall be opened to purge air pockets while the piping system is filling. Venting during the filling of the system also may be provided by the loosening of flanges having a minimum of four bolts or by the use of equipment vents. All parts of the piping system shall be subjected to the test pressure specified. The hydrostatic test pressure shall be continuously maintained for a minimum time of 30 minutes and for such additional time as may be necessary to conduct examinations for leakage. Examination for leakage shall be made at all joints and connections. The piping ", system, exclusive of possible localized instances at pump or valve packing, shall show no visual evidence of weeping or leaking. Any visible leakage shall be corrected at the Contractor's sole expense. 3.18 BURIED WATER AND WASTEWATER PRESSURE LINES A. Some leakage is permissible from buried water and wastewater pressure lines. Consequently, the hydrostatic testing of these pipelines must be conducted in a different manner, as follows: Where any section of pipe is provided with concrete thrust blocking, do not make the pressure test until at least 5 days have elapsed after the thrust blocking is installed. If high -early cement is used for thrust blocking, the time may be reduced to 2 days. When testing cement -mortar lined piping, slowly fill the section of pipe to be tested with water and allow to stand for 24 hours under slight pressure to allow the cement -mortar lining to absorb water. 2. Expel all air from the piping system prior to testing and apply and maintain the specified test pressure by means of the hydraulic force FY042165 Wedington Drive Water & Sewer Section 15001-6 .1 I I I .1 I I I I J I pump. Valve off the piping system when the test pressure is reached and conduct the pressure test for 2 hours, reopening the isolation valve only as necessary to restore the test pressure. The pump suction shall be in a barrel or similar device, or metered so that the amount of water required to maintain the test pressure may be measured accurately. This measurement represents the leakage, which is defined as the quantity of water necessary to maintain the specified test pressure for the duration of the test period. No pipe installation will be accepted if the leakage is greater than the number of gallons per hour as determined by the following formula: ND(P) (1/2) L= 7400 In the above formula: L = Allowable leakage, in gallons per hour N = Number of joints in the length of pipe tested D = Nominal diameter of pipe, in inches P = Average test pressure during the leakage test, in pounds per square inch 3. The Contractor shall correct any leakage greater than the allowance determined under this formula at the Contractor's sole expense. 3.19 INITIAL SERVICE LEAK TESTS - EQUIPMENT A. Equipment used for initial service leak testing may be the same as that specified under HYDROSTATIC LEAK TESTS hereinbefore, or the pump or compressor connected to the piping system. 3.20 SERVICE LEAK TESTS - PROCEDURE A. The initial service leak test shall be performed by gradually bringing the piping system up to normal operating pressure and holding it there continuously for a minimum time of 10 minutes. Examination for leakage shall be made at all joints and connections. The piping system, exclusive of possible localized instances at pump or valve packing, shall show no visual evidence of weeping or leaking. Any visible leakage shall be corrected at the Contractor's sole expense. 3.21 TEST RECORDS A. Records shall be made of each piping system installation during the test. These records shall include: 1. Date of test 2. Description and identification of piping tested 3. Test fluid 4. Test pressure 5. Remarks, to include such items as: a. Leaks (type, location) b. Repairs made on leaks 1 FY042165 Wedington Drive Water & Sewer Section 15001-7 I 6. Certification by Contractor and written approval by Engineer I 3.22 INTERIM CLEANING A. Care shall be exercised during fabrication to prevent the accumulation of weld rod, weld spatter, pipe cuttings and filings, gravel, cleaning rags, etc. within piping sections. All piping shall be examined to assure removal of these and other foreign objects prior to assembly. Shop cleaning may employ any conventional commercial cleaning method if it does not corrode, deform, swell, or otherwise alter the physical properties of the material being cleaned. 3.23 FINAL CLEANING A. Following assembly and testing and prior to final acceptance, all pipelines installed under this section shall be flushed with water and all accumulated construction debris and other foreign matter removed. Flushing velocities shall be a minimum of 2.5 feet per second. Cone strainers shall be inserted in the connections to attached equipment and left there until cleaning has been accomplished to the satisfaction of the Engineer. Accumulated debris shall be removed through drains 2 -inch and larger or by dropping spools and valves. 3.24 CORROSION PROTECTION FOR DUCTILE IRON PIPES -INTERIOR LININGS I A. Cement Linings: All piping that is to be cement -lined shall be lined and seal coated with Type for Type III cement in accordance with ANSI A21.4. All ductile iron pipe shall be cement -lined and seal coated, except where noted otherwise on the Detailed Pipe Specifications. 3.25 DISINFECTION 1 A. Pipelines intended to carry potable water shall be disinfected before placing in service. Disinfecting procedures shall conform to AWWA C-651, latest revision as hereinafter modified or expanded. B. Flushing: Before disinfecting, flush all foreign matter from the pipeline. Provide hoses, temporary pipes, ditches, etc. as required to dispose of flushing water without damage to adjacent properties. Flushing velocities shall be at least 2.5 fps. For large diameter pipe where it is impractical or impossible to flush the pipe at 2.5 fps velocity, clean the pipeline in place from the inside by brushing and sweeping, then flush the line at a lower velocity. C. Disinfecting Mixture: Disinfecting mixture shall be a chlorine -water solution having a free chlorine residual of 40 to 50 ppm. The disinfecting mixture shall be prepared by injecting: (1) A liquid chlorine gas -water mixture; (2) dry chlorine gas; or (3) a calcium or sodium hypochlorite and water mixture into the pipeline at a measured rate while fresh water is allowed to flow through the pipeline at a measured rate so that the combined mixture of fresh water and chlorine solution or gas is of the specified strength. D. The liquid chlorine gas -water mixture shall be applied by means of a standard commercial solution feed chlorinating device. Dry chlorine gas shall be fed through 1 proper devices for regulating the rate of flow and providing effective diffusion of the FY042165 Wedington Drive Water & Sewer Section 15001-8 t gas into the waterwithin the pipe being treated. Chlorinating devices for feeding solutions of the chlorine gas or the gas itself must provide means for preventing the backflow of water into the chlorine cylinder. E. If the calcium hypochlorite procedure is used, first mix the dry powder with water to make a thick paste, then thin to approximately a 1 percent solution (10,000 ppm chlorine). If the sodium hypochlorite procedure is used, dilute the liquid with water to obtain a 1 percent solution. The following proportions of hypochlorite to water will be required: Product Ouantity Water Calcium Hypochlorite (1) 1 lb 7.5 gal. (65 to 70 percent Cl) Sodium Hypochlorite (2) 1 gal 4.25 gal. (5.25 percent Cl) 1. Comparable to commercial products known as HTH, Perchloron, and Pittchlor 2. Known as liquid laundry bleach, Clorox, Purex, etc. 3.26 POINT OF APPLICATION ' A. Inject the chlorine mixture into the pipeline to be treated at the beginning of the line through a corporation stop or suitable tap in the top of the pipeline. Clean water from the existing system or another source shall be controlled so as to flow slowly into the newly installed piping during the application of chlorine. The rate of chlorine mixture flow shall be in such proportion to the rate of water entering the pipe that the combined mixture shall contain 40 to 50 ppm of free available chlorine. Valves shall be manipulated so that the strong chlorine solution in the line being treated will not flow back into the line supplying the water. Use check valves if necessary. 3.27 RETENTION PERIOD A. Treated water shall be retained in the pipeline long enough to destroy all nonspore-forming bacteria. With proper flushing and the specified solution strength, I. 24 hours is adequate. At the end of the retention period, the disinfecting mixture shall have a strength of at least 10 ppm of chlorine. ' B. Operate all valves, hydrants, and other appurtenances during disinfection to assure that the disinfecting mixture is dispersed into all parts of the line, including dead ' ends, new services, and similar areas that otherwise may not receive the disinfection solution. C. Do not place concentrated quantities of commercial disinfectants in the line before it is filled with water. D. After chlorination, flush the water from the permanent source of supply until the water through the line is equal chemically and bacteriologically to the permanent source of supply. ' FY042165 Wedington Drive Water & Sewer Section 15001-9 I I 3.28 DISPOSAL OF DISINFECTING WATER A. Dispose of disinfecting water in an acceptable manner that will protect the public and U. publicly used receiving waters from harmful or toxic concentrations of chlorine. Do not allow disinfecting water to flow into a waterway without adequate dilution or other satisfactory method of reducing chlorine concentrations to a safe level. B. The Contractor shall meet all requirements of the Arkansas State Plumbing Code. 3.29 SAMPLING DISINFECTED MAINS A. After disinfecting and flushing water mains, collect two samples (one each on i successive days) from each segment of the water main. Submit samples to the Arkansas Department of Health for testing. If samples fail, resample the main on two successive days, and continue resampling until two samples taken on successive days are approved by the Health Department. When approval of these samples is obtained, the water main segment can then be put in service. 3.30 WATER AND SEWER LINE CROSSINGS �. A. Where water and sewer lines necessarily cross, the water line should be at least 18 - inches superior, crown to invert, to the sewer line, with the pipe line initial backfill (from bedding to 12 -inches above pipe), compacted with clay. Where vertical separation is less than 18 -inches, steel encasement shall be installed on the water line or sewer line as indicated on the Details. The cost of the clay liner shall be included in the cost for the sewer or water pipe. The cost for the steel encasement shall be paid for on a unit price basis as listed in the Proposal. 3.31 PAYMENT A. Payment for the work in this Section will be included as part of the payment for the Mf piping covered by the applicable Detail Piping Specifications of this Section. I END OF SECTION I I 1 I FY042165 Wedington Drive Water & Sewer Section 15001-10 1 I SECTION 15001-2 CEMENT -LINED DUCTILE IRON PIPE AND EPDXY COATED FITTINGS PART1 GENERAL ' 1.01 SCOPE A. This Section covers the work necessary to furnish and install, complete, the cement -lined ductile iron pipe and epoxy coated ductile iron fittings specified herein, and as specified further in Section 15001, PLANT PIPING - GENERAL. B. Service shall include ductile iron pipe used for fire hydrant stubs and epoxy coated fittings used for water mains. ' 1.02 GENERAL A. See Section 15001, PLANT PIPING - GENERAL, for additional requirements. PART2 PRODUCTS 2.01 PIPE A. Centrifugally cast, Grade 60-42-10 iron, ANSI A21.51, AWWA C-151, cement -lined 'and seal -coated in accordance with ANSI A21.4, 350 psi minimum working pressure. 2.02 JOINTS A. Flanged, mechanical joint, push -on restrained joint (American Flex -Ring joint or equal), or push -on as specified in Section 15001, PIPING - GENERAL and as shown Ion the Drawings. B. Joints inside casings shall be thrust restrained. 2.03 FITTINGS • A. Gray or ductile iron, 250 psi minimum working pressure with 6-8 mil thickness of fusion bonded epoxy applied for the exterior and interior of each fitting. Epoxy coating shall conform to ANSIIAWWA C-550 and C -116/A21.16. Where taps are I shown on fittings, tapping bosses shall be provided. B. Flanged: ANSI/AWWA C-110 & ANSI B16.1, faced and drilled 125 -pound ANSI standard. C. All buried pipe fittings 2" and larger in size shall be cast or ductile iron, mechanical joint, conforming to ANSIIAWWA C- 110 and ANSUAWWA C-111, or AWWA C- 153. Megalug thrust restraints shall be used with mechanical joint fillings. The Megalug units shall be specifically designed for the type of pipe being used (PVC or ductile iron). H ' FY042165 Wedington Drive Water & Sewer Section 15001-2 - 1 1. I 2.04 FLANGES ' A. ANSI A21.15/AWWA C-115, threaded, 250 psi working pressure, ANSI 125 -pound drilling. 2.05 BOLTS A. Nuts, bolts and other hardware for flanged fittings shall be stainless steel. 1 B. For mechanical joint use manufacturer's standard. 2.06 GASKETS A. Gaskets for mechanical or Flex -Ring joints shall be rubber, conforming to ANSI A21.11, AWWA C-111. B. Gaskets for flanged joint shall be 1/8 -inch thick, cloth -inserted rubber conforming to applicable parts of ANSI B16.21 and AWWA C-207. Gasket material shall be free from corrosive alkali or acid ingredients and suitable for use in sewage or potable waterlines. Gaskets shall be full -face type for 250 -pound FE flanges. 1 2.07 LUBRICANT A. Lubricant for mechanical joint end piping shall be manufacturer's standard. 2.08 TRACE WIRE A. Trace wire for water pipe shall be 14 gauge insulated copper wire. 2.09 POLYETHYLENE ENCASEMENT A. Polyethylene materials for pipe encasement shall meet the requirements of ANSUAWWA C -105/A21.5-82, or latest revision thereof. 1 2.10 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'h pounds / 1 inch x 1000 feet. The tape shall be color coded and imprinted with message as follows: Type of Utility Color Code Legend Water Safety Precaution Blue Caution, Buried Water Line Below Sewer Green Caution, Buried Sewer Line Below ' FY042165 Wedington Drive Water & Sewer Section 15001-2 -2 1 F I IPART 3 EXECUTION 3.01 HANDLING PIPE ' A. Care shall be taken not to damage the cement lining when handling the pipe. 3.02 CUTTING PIPE A. Cut pipe with milling type cutter or abrasive saw cutter. Do not flame cut. ' 3.03 DRESSING CUT ENDS A. Dress cut ends of pipe in accordance with the type of joint to be made. B. Dress cut ends of mechanical joint pipe to remove sharp edges or projections which may damage the rubber gasket. ,' C. Dress cut ends of push -on joint pipe by beveling, as recommended by the pipe manufacturer. D. Dress cut ends of pipe for flexible couplings and flanged coupling adapters as recommended by the coupling or adapter manufacturer. 3.04 MECHANICAL AND PUSH ON JOINT A. Join pipe with mechanical or push -on type joints in accordance with the I manufacturer's recommendations. Provide all special tools and devices, such as special jacks, chokers, and similar items required for proper installation. Lubricant for the pipe gaskets shall be furnished by the pipe manufacturer, and no substitutes will be permitted under any circumstances. 3.05 POLYETHYLENE ENCASEMENT A. Procedures set forth in ANSI/AWWA C -105/A21.5-82, or latest revision, shall be followed during construction. Polyethylene encasement will be installed on all ', buried uncased ductile or cast iron pipe and fittings used on this project. Two layers (double wrap) of polyethylene encasement will be used at all ductile or cast iron pipe and fitting locations. I3.06 TRACE WIRE A. Run trace wire continuous from valve box to valve box, meter box and other access •' points. Bring wire up inside boxes in an accessible fashion. Wrap wire around, or tape wire to each pipe section. Join wire segments by soldering or by using approved wire nuts. Pipe testing shall include following trace wire. Any wire breaks or incomplete splices shall be repaired by the Contractor at no additional expense. Include trace wire in the price for pipe. I IFY042165 Wedington Drive Water & Sewer Section 15001-2-3 I. 3.07 DETECTABLE TAPE I A. Install detectable tape over the center of the pipe, approximately 18 -inches above the top of the pipe. 3.08 TESTING ■ A. All pressure lines shall be hydrostatically tested. Test procedures shall be as specified in Section 15001, PIPING - GENERAL. I 3.09 PAYMENT A. Payment for the work described in this Section will be included as part of the unit 1 price or lump sum bid amounts stated in the Proposal. Unit prices bid for pipe shall include trenching, trace wire, detectable tape, double wrap polyethylene encasement, pipe zone material, backfilling above the pipe zone, topsoil replacement, finish grading, seeding and fertilizing and final clean-up. B. Payment for pipe shall be made at 80% of the unit bid price upon pipe installation, backfilling, and rough grading. Payment shall be increased to 85% upon completion of testing. Payment will be increased to 98% of the unit price bid upon seeding, fertilizing and final cleanup. The remaining 2% will be released upon satisfactory establishment of a grass stand. C. Payment for mechanical joint cast or ductile iron epoxy coated fittings shall be made at the unit price bid in the Proposal per pound, based on the weight of the fittings installed. Weight values will be taken from the current Ductile Iron Pipe Research Association handbook for mechanical joint fittings for AWWA C-1 10 fittings. If compact fittings are used, fitting weights shall be taken from the applicable tables in AWWA C-153. Glands, bolts, megalugs, and gaskets shall be included in the unit price payments; however, the weight of these items will not be added to the handbook's fitting weight. All buried pipe fittings 2" and larger in size shall be cast or ductile iron. Double wrap polyethylene encasement shall be included in the payment for mechanical joint fittings. .I END OF SECTION I [1 I. FY042165 Wedington Drive Water & Sewer Section 15001-2 - 4 I I SECTION 15001-14 ,._ A POLYVINYL CHLORIDE (PVC) PIPE AND FITTINGS PART1 GENERAL 1.01 SCOPE A. This Section covers the work necessary to furnish and install, complete, the polyvinyl • chloride pipe and fittings specified herein, and as specified further in Section 15001, PLANT PIPING - GENERAL. B. Service shall include water lines ranging from 2 inch to 18 inch, used at the locations designated on the Drawings. Service shall also include gravity sewer pipe ranging in size from 4 inch to 15 inch, used at the locations designated on the Drawings. 1.02 GENERAL A. See Section 15001, PLANT PIPING - GENERAL, and Section 15005, GRAVITY SEWER PIPE, for additional requirements. All piping system components shall be the products of one manufacturer. 1 PART2 PRODUCTS 2.01 AWWA PVC PIPE A. PVC, AWWA C-900 pipe, with outside diameters equivalent to cast iron pipe. Sizes 4 -inch through 12 -inch, with pressure rating of 200 psi (DR -14), as indicated on the Drawings. B. PVC, AWWA C-905 pipe with outside diameters equivalent to cast iron pipe. Sizes 14 -inch through 24 -inch, with pressure rating of 235 psi (DR -18), as indicated on the Drawings. 2.02 RURAL WATER PIPE A. PVC, ASTM D 1784, Type 1, Grade 1, with gasket joints for buried water piping. ' B. Pipe class shall be Class 315, SDR 13.5, suitable for static pressures up to 215 psi. C. Use Class 315 pipe in 2 -inch size only. Larger pipe shall be AWWA C-900 or C-905. • ' 2.03 PVC SEWER PIKE A. PVC, SDR-26 gravity sewer pipe shall conform to ASTM D1784, D3034 and F679 ' with gasket joint and integral bell. 2.04 JOINTS A. For buried pipe, gasketed slip joint. FY042165 Wedington Drive Water & Sewer Section 15001-14 - 1 I B. Joints inside casings shall be thrust restrained. 2.05 FITTINGS 1 A. Water pipe fittings shall be epoxy coated ductile iron, mechanical joint with megalug thrust restraints, and as otherwise specified in Section 15001-2, CEMENT -LINED DUCTILE IRON PIPE AND EPDXY COATED FITTINGS. B. For junctions between PVC and brass pipe or polyethylene pipe, flexible transition couplings of stainless steel material, as specified in Section 15001. 1 C. Sewer pipe fittings shall be Class 200 PVC slip joint fittings, as recommended by the pipe supplier for this type of PVC pipe. D. For junctions between PVC sewer and iron or vitrified clay pipe of different outside diameter, flexible transition couplings specifically designed for sewerpipe transition ' purposes. Couplings shall be made of rubber material with stainless steel bands, as manufactured by Fernco, or approved equal. Couplings shall be of shear resistant design. 2.06 GASKETS A. As recommended by the pipe manufacturer to conform to the pipe OD. , 2.07 WATER STOPS A. Gravity sewer pipe (PVC) shall utilize ribbed water stops at manhole walls, as recommended by the pipe manufacturer. 2.08 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 reagent 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'/s pounds / 1 inch x 1000 feet. The tape shall be color coded and imprinted with message as follows: 1 Type of Utility Color Code Legend Water Safety Precaution Blue Caution, Buried Water Line Below Sewer Green Caution, Buried Sewer Line Below PART 3 EXECUTION - 3.01 GENERAL A. All rigid PVC pipe shall be cut, made up, and installed in accordance with the pipe manufacturer's recommendations. ' FY042165 Wedington Drive Water & Sewer Section 15001-14-2 1 I ' 3.02 TRACE WIRE A. Furnish and install a 14 gauge insulated copper trace wire with all PVC water pipe. Run wire continuous from valve box to valve box, meter box or other access points. Bring wire up inside boxes in an accessible fashion. Wrap wire around, or tape wire to each pipe section. Join wire segments by soldering or by using approved wire nuts. Pipe testing shall include following trace wire. Any wire breaks or incomplete • splices shall be repaired by the Contractor at no additional expense. Include trace � wire in the unit price bid for pipe. 3.03 DETECTABLE TAPE A. Install detectable tape over the center of the water and sewer pipe, approximately 18 - inches above the top of the pipe. ' 3.04 TESTING A. All water lines shall be hydrostatically tested at the pressures listed in Section 15001, ' PLANT PIPING — GENERAL. B. Use pipe locating equipment to test continuity of trace wire. The Engineer shall Iobserve and document tract wire test. C. Test sewer pipe in accordance with Section 15005, GRAVITY SEWER pipe. ' 3.05 PAYMENT A. Payment for the water main work in this Section will be included as part of the unit price bid amounts stated in the Proposal. Unit prices bid for water pipe shall include trenching, trace wire, detectable tape, granular pipe base, granular pipe zone material, backfilling above the pipe zone, topsoil replacement, finish grading, seeding and fertilizing, and final clean-up. B. Payment for the sewer main work described in this Section will be included as part of ' the unit price or lump sum bid amounts stated in the Proposal. Unit priced bid for pipe shall include the pipe, granular pipe base, granular pipe zone material, finish grading, air testing, deflection testing, seeding, fertilizing and final clean-up. C. Payment for pipe shall be made at 80% of the unit bid price upon pipe installation, • backfilling, and rough grading. Payment will be increased to 85% upon completion of testing and making the line available to the owner for utilization. Payment will be increased to 98% of the unit price bid upon seeding, fertilizing and final cleanup. The remaining 2% will be released upon satisfactory establishment of a grass stand. ID. Payment will be made for cast or ductile iron, mechanical joint fittings as listed in • Section 15001-2, CEMENT -LINED DUCTILE IRON PIPE AND EPDXY COATED FITTINGS. E. Separate payment shall be made for trenching and backfilling for sewer mains 6 -inch in size and larger, based on the as -built profile depths to the flowline of the pipe and 1 the unit prices bid in the Proposal for various trench depth classifications. Payment • shall be made upon completion of initial rough grading of the backfilled trench. FY042165 Wedington Drive Water & Sewer Section 15001-14-3 I Payment shall include topsoil replacement. Payment or trenching and backfilling for 4 -inch sewer service lines shall be included in the unit cost per foot for the 4 -inch pipe. F. Separate payment will be made for each sewer wye fitting installed and accepted on ' PVC sewer mains. Include the cost of the 4 -inch service bend, and coupling to existing 4 -inch service line in the sewer wye bid item. G. Separate payment will be made for PVC pipe stubouts from manholes, to include the cost of providing and installing the pipe, cap or plug, manhole connection and trenching and backfilling. Stubouts will not be measured as part of the unit price item for pipe. H. No separate payment will be made for the thrust restraints required on pipe joints installed inside casings. Include the cost of the thrust restraints in the applicable casing pipe bid item. 1 END OF SECTION I 1 I 1 .1 I I I FY042165 Wedington Drive Water & Sewer Section 15001-14-4 1 I I PARTI GENERAL I1.01 SCOPE I I SECTION 15005 GRAVITY SEWER PIPE A. This Section covers all work necessary for the installation of gravity sewer pipe and fittings of the sizes and classes indicated. PART 2 PRODUCTS 2.01 GENERAL A. Sizes and types of gravity sewer pipe to be used in all locations are indicated on the Drawings. 2.02 PIPE, FITTINGS, AND JOINTS A. Gravity sewer pipe and fittings shall be PVC sewer pipe as specified in Section 15001-14. 2.03 CONCRETE FOR ENCASEMENT A. Concrete for thrust blocking and encasement shall have a minimum compressive strength of 2,500 psi at 28 days. 1 2.04 IMPORTED PIPE BASE AND IMPORTED PIPE ZONE MATERIAL I II A. Imported material for gravity sewer pipe base and pipe zone backfill shall be as specified in Section 02200. PART 3 EXECUTION 3.01 PREPARATION OF TRENCH A. Provide select material under gravity sewer pipe as shown on Details on the Plans. Place base for pipe in the trench to a depth which allows excavation of bell holes, but to a minimum depth of 6 -inches. Grade the top of the base to the bottom of the pipe ahead of pipe laying for the full width of the trench. Base shall provide a firm, unyielding support along entire pipe length. B. Excavate bell holes at each joint to permit proper assembly and inspection of entire joint. Bell holes shall be of sufficient depth to preclude direct bearing of bell on bottom of trench. C. Provide and maintain ample means and devices to remove and dispose of water entering the trench during the laying operation to the extent required to properly grade the bottom of the trench and allow for proper compaction of the backfill in the pipe zone. Pipe shall not be laid in water. IFY042165 Wedington Drive Water & Sewer Section 15005 - 1 D. Conform to additional requirements of the individual pipe specifications for pipe base and pipe zone material and compaction requirements thereof. 3.02 PIPE DISTRIBUTION A. Distribute material on the job no faster than it can be used to good advantage. Unload pipe which cannot be physically lifted by workers from the trucks, by a forklift, or other approved means. Do not drop pipe of any size from the bed of the truck to the ground. Do not distribute more than 1 week's supply of material in advance of laying. Conform to manufacturers recommendations on unloading and handling pipe. , 3.03 PIPE PREPARATION AND HANDLING A. Inspect all pipe and fittings prior to lowering into trench to ensure no cracked, broken, or otherwise defective materials are being used. Clean ends of pipe thoroughly. Remove foreign matter and dirt from inside of pipe and keep clean ' during and after laying. B. Use proper implements, tools, and facilities for the safe and proper protection of the ' work. Lower pipe into the trench in such a manner as to avoid any physical damage to the pipe. Remove all damaged pipe from the jobsite. Do not drop or dump pipe into trenches under any circumstances. 3.04 LINE AND GRADE A. Do not deviate from line or grade more than 1/2 inch for line and 1/4 -inch for grade, provided that such variation does not result in a level or reverse sloping invert. B. Measure for grade at the pipe invert, not at the top of the pipe, because of permissible variation in pipe wall thickness. C. Establish line and grade for pipe by the use of lasers or by transferring the cut from the offset stakes to batter boards set in the trench at maximum intervals of 25 feet. Maintain a minimum of three sets of batter boards with string line ahead of the pipe laying at all times. If batter boards in the trench prove impractical because of trench conditions, submit other methods of grade and alignment control to the Engineer for approval. D. Where the Drawings show a tie for existing facilities, verify elevations of tie points sufficiently in advance of laying operations to allow adjustments as required. Any adjustments shall be approved by the Engineer in advance. E. Where the Drawings show existing utilities, (water, sewer, gas, etc.) verify the 1 location and grade sufficiently in advance of laying operations to allow adjustments as required. Any adjustments shall be approved by the Engineer in advance. ' 3.05 LAYING AND JOINTING GRAVITY SEWER PIPE A. Ductile iron pipe varies slightly with different manufacturers. Install the particular ' pipe furnished in accordance with the particular manufacturers recommendations, as approved by the Engineer. B. Lay and joint ductile iron pipe with rubber gasket type joints, in accordance with the manufacturer's recommendations, as approved by the Engineer. Provide all special FY042165 Wedington Drive Water & Sewer Section 15005 -2 I I I I I I I I I I I I 3.06 3.07 tools and devices such as special jacks, chokers, and similar items required for the installation. C. Use wall pipe with water stop ring for connecting to manhole walls. BACKFILL AT THE PIPE ZONE A. The pipe zone shall be considered to include the full width of the excavated trench from the bottom of the pipe to a point 12 -inches above the top outside surface of the barrel of the pipe, as shown in the details on the Drawings. B. Particular attention must be given to the area of the pipe zone from the flow line to the centerline of the pipe to ensure that firm support is obtained to prevent any lateral movement of the pipe during the final backfilling of the pipe zone. C. Backfill the area of the pipe zone from the bottom to the horizontal centerline of the pipe by hand -placing the material around the pipe in 6 -inch layers. Continuous support shall be effected beneath pipe haunches by "walking in" and slicing with a shovel. Backfill the area of the pipe zone from the horizontal centerline to the top of the pipe zone as indicated in detail on the Drawings. AIR TESTS FOR GRAVITY SEWERS A. Representatives of the Fayetteville Water and Sewer Department shall be present when sewer lines and manholes are tested. B. All gravity sewers and appurtenances shall successfully pass an air test prior to acceptance and shall be free of visible leakage. Manholes shall be tested as specified in Section 02740, MANHOLE CONSTRUCTION. C. Furnish all necessary testing equipment and perform the tests in a manner satisfactory to the Engineer. Any arrangement of testing equipment which will provide observable and accurate measurements of air leakage under the specified conditions will be permitted. Gauges for air testing shall be calibrated with a standardized test gauge provided by the Engineer at the start of each testing day. The calibration shall be witnessed by the Engineer. D. Line is to be complete with all structures and fittings in place and backfilled. Testing of sections of the constructed gravity sewer for acceptance will not be performed until the Engineer approves readiness for testing. This test should be performed reach -by -reach as construction proceeds and must be completed within 30 days after installation of each reach. E. Repair or replace, in a manner approved by. the Engineer, any section of pipe not meeting the air test requirements, at no cost to the Owner. F. Infiltration of groundwater in an amount greater than herein specified, following a successful air test as specified, shall be considered as evidence that the original test was in error or that subsequent failure of the pipeline has occurred. The Contractor shall correct such failures in a manner approved by the Engineer and at no cost to the Owner should they occur within the warranty period. G. The Contractor, in contracting to do this work, agrees that the leakage allowances as indicated herein are fair and practical. FY042165 Wedington Drive Water & Sewer Section 15005 - 3 I 3.08 AIR TESTING PROCEDURE A. After all plugs are in place and securely blocked, introduce air slowly into the pipe section to be tested until the internal air pressure reaches 4.0 pounds per square inch greater than the average back pressure of any groundwater that may submerge the pipe. Allow a minimum of 2 minutes for the air temperature to stabilize. Determine the height of the groundwater table, at the time of the test. B. The pipe and joints shall also be considered as satisfactory when the time required in seconds for the pressure to decrease from 3.5 to 3.0 pounds per square inch greater than the average back pressure of any groundwater that may submerge the pipe is not less than the applicable value from the following table: SPECIFICATION TIME REQUIRED FOR A 0.5 PSIG PRESSURE DROP FOR SIZE AND LENGTH OF PIPE INDICATED FOR Q=0.0015 1 Pipe Diameter (in.) 2 Minimum Time (min:sec) 3 Length for Minimum Time (ft) 4 Time for Longer Length (sec) Specification Time for Length (L) Shown (min:sec) 100 ft 150 ft 200 ft 250 ft 300 ft 350 ft 400 ft 450 ft 4 1:53 597 .190 L 1:53 1:53 1:53 1:53 1:53 1:53 1:53 1:53 6 2:50 398 .427 L 2:50 2:50 2:50 2:50 2:50 2:50 2:51 3:1 8 3:47 298 .760 L 3:47 3:47 3:47 3:47 3:48 4:26 5:04 5:42 10 4:43 239 1.187 L 4:43 4:43 4:43 4:57 5:56 6:55 7:54 8:54 12 5:40 199 1.709 L 5:40 5:40 5:42 7:08 8:33 9:58 11:24 12:50 15 7:05 159 2.671 L 7:05 7:05 8:54 11:08 13:21 15:35 17:48 20:02 18 8:30 133 3.846 L 8:30 9:37 12:49 16:01 19:14 22:26 25:38 28:51 21 9:55 114 5.235 L 9:55 13:05 17:27 21:49 26:11 30:32 34:54 39:16 24 11:20 99 6.837 L 11:24 17:57 22:48 28:30 34:11 39:53 45:35 51:17 27 12:45 88 8.653 L 14:25 21:38 28:51 36:04 43:16 50:30 57:42 46:54 30 14:10 80 10.683 L 17:48 26:43 35:37 44:31 53:25 62:19 71:13 80:07 33 15:35 72 12.926 L 21:33 32:19 43:56 53:52 64:38 75:24 86:10 96:57 36 17:00 66 15.384 L 25:39 38:28 51:17 64:06 76:55 89:44 102:34 115:23 C. Use extreme caution in air testing large diameter pipe. Do not enter manholes while inflating or deflating plugs or while the pipe line is subject to any pressure. Install, block, inflate and deflate pipe plugs in strict conformance with manufacturer's safety recommendations. 3.09 DEFLECTION TEST FOR PVC SEWER PIPE A. The Contractor shall test all laid and backfilled PVC gravity sewer pipe for deflection t with a mandrel. The maximum deflection allowable shall not exceed 5 percent of the pipe's internal diameter. Deflection shall be checked on all installed pipe by the FY042165 Wedington Drive Water & Sewer Section 15005 -4 I Contractor in the presence of the Engineer and a representative of the Fayetteville Sewer Department. Deflection tests shall becompleted in minimum of 30 days after initial backfill of the pipe and thereafter may be checked at random by the Engineer during the construction and warranty period. All pipe deflected in excess of 5 percent shall be replaced by the Contractor for no additional compensation. 3.10 CONNECTION OF SEWERS TO EXISTING MANHOLES ' A. At locations designated on the Drawings connect new sewer lines to existing manholes. Utilize a core drill to cut the opening through the existing manhole wall. I Connections shall utilize appropriate waterstops and shall be grouted in place to form a watertight connection. Temporary plugs, piping, and/or pumping maybe necessary to prevent discharge of raw sewage, in which case such temporary facilities shall be ' considered part of the connection work. 3.11 WATER AND SEWER LINE CROSSINGS IA. Where water and sewer lines necessarily cross, the water line should be at least 18 - inches superior, crown to invert to the sewer line, with the sewer line initial backfill (from bedding to 12 -inches above pipe), compacted with clay, as indicated on the ' Drawings. Where vertical separation is less than 18 -inches, steel encasement shall be installed on the sewer line as indicated on the Details. The cost of the clay liner shall be included in the cost for the sewer or water pipe. The cost for the steel sewer encasement shall be paid for on a unit price basis as listed in the Proposal. B. Where it is unavoidable for the sewer line to cross above the water line, the waterline must be a minimum of 18 -inches below the sewer and watertight encasement must be utilized on the water and/or sewer line. The casing shall conform to the Details on the Drawings. 3.12 CLEANOUTS A. Install cleanouts on 4 -inch sewer service lines at changes in service line alignment or '' grade, at 100 foot intervals, and at locations where a new service line crosses a street to connect to an existing service line at the street right of way. Cleanout to consist of a 4"x4" PVC Wye, 4" PVC riser and threaded cleanout cap with recessed nut. ' Materials shall be SDR-26 minimum. Tops of cleanout shall be flush with the adjoining ground. 1 3.13 FINAL SEWER CLEANING A. Prior to final acceptance and final manhole -to -manhole inspection of the sewer system by the Engineer, flush and clean all parts of the system. Remove all accumulated construction debris, rocks, gravel, sand, silt, and other foreign material from the sewer system at or near the closest downstream manhole. If necessary, use mechanical rodding or bucketing equipment. • B. Upon the Engineer's final manhole -to -manhole inspection of the sewer system, if any foreign matter is still present in the system, reflush and clean the sections and portions of the lines as required. 3.14 PAYMENT FOR PIPE AND MANHOLE CONNECTIONS 1 A. Payment for the work in this Section is included in the Unit Prices of the Proposal. IFY042165 Wedington Drive Water & Sewer Section 15005 - 5 B. Payment for the gravity sewer pipe shall be made by the linear foot. No deductions will be made for the manholes. I I I I I II I J El Li I I SECTION 15007 CLEANING AND TELEVISION INSPECTION ' OF EXISTING SANITARY SEWERS ' PART I GENERAL 1.01 SCOPE ' A. This Section includes specifications for cleaning and closed circuit television inspection and all associated work for the pipe sizes and lengths of sewers encountered. B. All sewers that are to be abandoned and/or replaced are to be cleaned and inspected. ' The location of active sewer service connections shall be determined in all existing pipe segments within the project limits, where new sewer service lines are to be installed. C. Contractor's operations are limited to daylight hours on Monday through Friday except holidays unless previously approved by the Engineer. ' D. Contractor shall provide traffic control personnel during operations to maintain safety of all personnel and public traffic maintenance. 1 1.02 SEWER SERVICE LOCATION MAP A. In addition to providing a TV tape of the sewer service locations, the Contractor shall provide a redlined map of all of the sewer mains in the project area showing limits of the TV work completed and the locations of sewer services detected. The Engineer 'shall provide an extra copy of the sewer main location plans to the Contractor for this red line purpose. ' B. The Contractor shall cooperate with the Owner and individual property owners to identify active sewer services, where there is some question about which sewer wyes 1 are active. PART 2 MATERIALS 2.01 GENERAL A. The Contractor shall allow Engineer to become familiar with Contractor's equipment before commencement of work. ' 2.02 CLEANING EQUIPMENT ' A. Sewers will be cleaned only as necessary to locate service connections. 1 FY042165 Wedington Drive Water & Sewer Section 15007 - 1 B. The Contractor shall provide all equipment necessary for proper flushing of the sewers in the sizes indicated prior to television inspection. C. Hydraulic high pressure cleaning equipment shall be specifically designed and constructed for sewer cleaning. The sewer cleaner shall have a minimum usable water capacity of 600 gallons and a pump capable of delivering at least 30 gallons per minute (gpm) at 1,000 psi. Pressure to the nozzle shall be regulated by a relief valve adjustable from 0 to 1,500 psi minimum. The equipment will be subject to approval by the Engineer. D. Satisfactory precautions shall be taken to protect the sewer lines from damage that may result from the improper use of cleaning equipment. 2.03 A. I•, TELEVISION EQUIPMENT The television camera used for the inspection shall be specifically designed and constructed for such inspection and shall provide a color picture. Lighting for the camera shall be suitable to allow a clear picture for the entire periphery of the pipe acceptable to the Engineer. The camera shall be operative in 100 percent humidity conditions and shall have a minimum of 600 line resolutions. Cassette recording equipment will be required for all videotaping. The video tapes that will be provided to the Engineer shall be VHS format. PART 3 EXECUTION 3.01 CLEANING OPERATION A. Existing flows shall not be interrupted for periods longer than one hour. Sewage diverted during cleaning operations shall be returned to the sanitary system and not discharged into the streams or storm sewer system. Cleaning of these sewers may be by means of hydraulic high pressure jetting or other equipment as needed. B. Arrangements for construction water and meter must be made with the Fayetteville Water Department. C. Cleaning shall be performed immediately before closed circuit television inspection. D. Unless other methods are approved by the Engineer, hydraulic cleaning shall be performed for all sewers to be inspected. E. Remove all sludge, dirt, sand, grease, roots, rocks, gravel, and other material from the pipe during cleaning operations and collect and remove resulting debris from the downstream manhole of the sewer section being cleaned. Passing material from sewer to sewer section will not be permitted. An approved dam or weir shall be constructed in the downstream manhole in such manner that debris and solids will be trapped and retained. FY042165 Wedington Drive Water & Sewer Section 15007 - 2 1 I ' 3.02 DISPOSAL OF DEBRIS A. Under no circumstances shall sewage or solids be dumped onto the ground surface, street or into ditches, catch basins or storm drains. B. All solids or semisolids resulting from the operations shall be removed from the site by the Contractor unless authorized or directed otherwise by the Engineer. Trucks hauling solids or semisolids from the site shall be watertight so that no leakage or spillage will occur. 3.03 INTERNAL TELEVISION INSPECTION A. The inspection shall be done one sewer section at a time. The section being inspected shall be isolated from the remainder of the sewer in a manner approved by the ' Engineer. Such methods may include plugging or partial plugging of upstream flow, and/or by passing the flow from the section. The Contractor shall be responsible for monitoring the depth of surcharging upstream of any plugs. B. The camera shall be moved through the line in either direction at a uniformly slow rate, stopping at all defects to allow adequate evaluation by Engineer. In addition, the camera shall be stopped at each service connection. C. If progress of the television camera is impeded or stopped by roots in the sewer reach ' being inspected, the camera shall be withdrawn, at the direction of the Engineer. The camera shall then be reinserted at the other manhole of the sewer reach and the television inspection resumed. D. Other obstructions may be encountered during the course of the internal inspection that prevent the travel of the camera. Should an obstruction not be passable, the Contractor ' shall withdraw the equipment and report the obstruction to the Engineer so that an evaluation of whether or not to repair the line can be made. Cost related to difficulties encountered during internal inspection will not be measured for payment nor constitute ' additional cost to the Contract Price, but will be considered as incidental to the contract. I I E. Cost for excavation to retrieve cleaning and internal inspection equipment shall be the responsibility of the Contractor. The Owner and Engineer shall not be liable for any costs relative to retrieving the Contractor's equipment from the sanitary sewer system. 3.04 VIEWING A. Telephones, portable radio, CB, walkie talkies, or other electronic means of communication must be set up where voice or manual communication is not feasible. The Contractor shall provide facilities for the purpose of viewing the monitor while the inspection is in progress. ' 3.05 RECORD LOGS I A. Measurement in the sewer main shall be at the ground level by means of a meter FY042165 Wedington Drive Water & Sewer Section 15007 -3 Li device. Marking on cable or the like which requires interpolation for depth of manhole will not be allowed. Measurement meters shall be accurate to 0.2 feet. A measurement target in front of the television camera shall be used as an exact measurement reference point, and the meter reading shall show this exact location of the measurement reference point. The first feature out of the manhole or cleanout will be measured and used as the initial reference point. B. The Contractor shall furnish all cassette video equipment, cassette video tape film for ' cassette video tape recording, and equipment. No reel to reel video recording or tapes will be permitted. In the course of inspection, all sewer sections will be videotaped in , their entirety. C. Defects shall be described and quantified verbally on the video tapes by the Contractor. , Where appropriate, existing landmarks shall be identified. D. The cassette video tapes will be reviewed by the Engineer for focus, lighting, clarity of view, and technical quality. The Contractor shall maintain sharp focus, proper lighting, and clear, distortion -free viewing during the camera operations. The Contractor shall maintain plugging and eliminate steam in the line for the duration of the inspection. Failure to maintain these conditions will result in rejection of the video tape by the Engineer. Any sewer line whose video tape is not acceptable to the Engineer will be retelevised at no expense to the Engineer or Owner. E. Each individual cassette video tape shall be properly labeled by the Contractor prior to submittal to the Engineer. The label shall list the Engineer's sewer line segment number, date, City/Owner, name of Contractor, and tape number. F. Each set-up shall be described visually (by superimposing a descriptive caption on the ' video tape recording which identifies critical information) and describe audibly on the video tape recording, both at the initiation and at the conclusion of the set-up. The line , segment shall be described by the Engineer's segment number which included both basin and manhole numbers. The video counter number shall be voiced on the video tape recording and written on the record logs both at the initiation and conclusion of ' each set-up. 3.06 MEASUREMENT AND PAYMENT A. Only items listed below will be measured for payment. All other costs shall be included in the unit prices for the items affected thereby. B. Payment for cleaning/internal television inspection as necessary to locate existing active services on sewers to be abandoned and/or replaced shall be made at the unit price bid per foot upon completion of the work and delivery of the tape, logs and redlined layout map to the Owner. No payment will be made for cleaning/internal television inspection for sewer mains that are not being abandoned and/or replaced. END OF SECTION ' FY042165 Wedington Drive Water & Sewer Section 15007 - 4 1 ' SECTION 15012 MISCELLANEOUS TUBING PARTI GENERAL 1.01 SCOPE A. This Section covers the work necessary for furnishing and installing the miscellaneous hoses, tubing, and accessories, complete. 1.02 GENERAL IA. Like items of equipment specified herein shall be the end products of one manufacturer in order to achieve standardization of maintenance and spare parts. ' B. See CONDITIONS OF THE CONTRACT and Division 1, GENERAL REQUIREMENTS, which contain information and requirements that apply to the ' work specified herein and are mandatory for this project. • C. Conform to Fayetteville's Standard Specifications. ' 1.03 RELATED WORK SPECIFIED AND PERFORMED ELSEWHERE A. Section 15013, Corporation Stops 1 PART II PRODUCTS 2.01 GENERAL IA. All items shall be complete with all necessary end connections, fittings, and couplings which are required for the proper completion of the work included under this Section. ' 2.02 HOUSE SERVICE TUBING A. Service tubing shall be 1" Drisco Pipe 5100, SDR-9, 200 psi, ASTM D2737, AWWA C-901. 2.03 LARGE METER SERVICE TUBING 1 A. The 11/2 -inch and 2 -inch service tubing shall be Drisco Pipe 5100, SDR-9, 200 psi, ASTM D2737, AWWA C-901. 2.04 TRACE WIRE A. Trace wire shall be 14 gauge insulated copper wire. II FY042165 Wedington Drive Water & Sewer Section 15012 - I I PART III EXECUTION ' 3.01 GENERAL A. All tubing shall be cut, made up, and installed in strict accordance with the manufacturer's written recommendations, as approved and as further specified herein , under. 3.02 INSTALLATION A. Install 1" polyethylene service tubing in accordance with the Detail for meter settings. B. Install It/2" and 2" polyethylene tubing at meter settings requiring service tubing larger than one inch in size. C. Polyethylene tubing shall be installed with a minimum earth cover of 30 inches over ' the top of the pipeline. Consideration for thermal contraction shall be given by "snaking" the pipeline in the trench. Tracer wire shall be installed on all polyethylene tubing from the corporation stop on the main to the branch piece on the meter setting by either taping or wrapping the tracer wire around the PE tubing at least every 6'. The wire shall be spliced to the water main trace wire, and shall be accessible in the meter box. 3.03 TESTING A. Prior to startup, all miscellaneous hoses, tubing, and accessories shall be inspected , for proper connection and satisfactory performance. Each item shall be tested at the same time that the adjacent pipeline is tested. Joints shall show no visible leakage under test. Repair joints that show signs of leakage prior to final acceptance. If there are any special parts of control systems or operators that might be damaged by the pipeline test, they shall be properly protected. The Contractor will be held responsible for any damage caused by the testing. 3.04 PAYMENT ' A. Payment for the work Section will be included as part of the applicable unit price bid amounts stated in the Proposal for installing service tubing. No separate or additional payment will be made for providing a licensed plumber for installing the interconnecting service tubing between the meter outlet and the existing house service line. Include the costs of plumbing work in the unit price bid for new meter ' settings or existing meter reconnections. END OF SECTION , I I FY042165 Wedington Drive Water & Sewer Section 15012-2 1 r ' SECTION 15013 ' MISCELLANEOUS PIPING SPECIALTIES PART1 GENERAL ' 1.01 SCOPE A. This Section covers the work necessary for furnishing and installing the miscellaneous piping specialties, complete. B. Materials and installation shall conform to the Standards issued by the Fayetteville Water Department. 1.02 GENERAL A. Like items of equipment specified herein shall be the end products of one manufacturer in order to achieve standardization for operation, maintenance, spare ' parts, and manufacturer's service. B. See CONDITIONS OF THE CONTRACT and Division 1, GENERAL REQUIREMENTS, which contain information and requirements that apply to the work specified herein and are mandatory for this project. 1 1.03 SUBMITTALS DURING CONSTRUCTION A. Submittals during construction shall be made in accordance with Section 01300, SUBMITTALS DURING CONSTRUCTION, Division 1, GENERAL REQUIREMENTS. In addition, the following specific information shall be provided: 1. Shop Drawings: Provide drawings and manufacturer's literature, clearly identified, showing layouts, item specifications, and mounting details. PART2 PRODUCTS ' 2.01 GENERAL IA. All items shall be complete with all necessary end connections, fittings, and couplings required for the proper completion of the work included under this Section. ' 2.02 FIRE HYDRANTS A. Three-way fire hydrants shall be 51/4 inch Mueller Centurion A-423, traffic model, with 11/4 inch pentagonal operating nut, 2-21/2 inch hose nozzles, 1-41/2 inch pumper nozzle, and 6 -inch mechanical joint inlet. I IFY042165 Wedington Drive Water & Sewer Section 15013 - 1 I 2.03 CORPORATION STOPS A. Corporation stops shall conform to AWWA C800-84 without a positive stop. The inlet shall be AWWA CC tapered threads and the outlet with a compression coupling. The compression outlet shall utilize a Buna-N beveled gasket to provide a water -tight connection and with a split clamp locking device. The split clamp shall be grooved and provided with a stainless steel screw to draw down the clamp for the prevention of mechanical pullout. The corporations shall be AWWA red brass with precision machined castings and compatible with conventional tapping machines. B. Two-inch service stops shall be ball valves. Install a valve box at 2 -inch ball valve service stops. 2.04 TAPPING SADDLES A. All service saddles shall be by Mueller, and shall be specifically designed for either ' 2 -inch SDR 13.5 PVC pipe, 4 -inch through 12 -inch C-900, Class 200 PVC pipe or 14 -inch through 24 -inch C-905, Class 315 PVC pipe. 2.05 TAPPING SLEEVES AN VALVES ' A. Tapping sleeves shall be sized as indicated on the Drawings and shall be Mueller H615, or approved equal. Tapping valves shall be Type 115 or 116 in Section 10580, with the exception that one side shall be provided with a flange for connection to the tapping sleeve. 2.06 BLOWOFF ASSEMBLIES A. Blowoff assemblies to consist of a 2 -inch post flushing hydrant with 2 th-inch iron ' NSFT discharge with cap and chain, an upper barrel with traffic breakaway union, a lower barrel with brass shoe, automatic weep hole and 2 -inch brass valve, #77 blowoff hydrant as manufactured by the Kupferle Foundry Company. PART 3 EXECUTION ' 3.01 GENERAL A. All miscellaneous piping specialties shall be installed in accordance with and in ' conformance to the applicable requirements of Section 15001, PLANT PIPING - GENERAL, and with the Fayetteville Water Standards. 3.02 FIRE HYDRANTS A. Install fire hydrants with the pumper nozzle facing the street. Adjust height to finish grade using standard hydrant risers. Paint exposed hydrant barrel with white exterior metal paint containing reflectorized beads. Conform with installation details on the ' Drawings relative to drain gravel, thrust blocking and other details. B. Upon completion of the pipeline work, the Contractor shall flow test each new or relocated fire hydrant, and shall submit a report to the Engineer of the flow test results. Testing shall be coordinated with the Owner. No valves shall be opened or FY042165 Wedington Drive Water & Sewer Section 15013-2 , U I I I I I I I II I I I [1 I I I hydrants operated without specific approval 'of the Owner. Upon completion of the flow test, paint the fire hydrant top and nozzle caps with color -coded paint conforming to AWWA Standards, as follows: Fire Hydrant Flow Rate Color Code Over 1500 gpm Light Blue 1000 to 1500 gpm Light Green 500 to 1000 gpm Orange Less than 500 gpm Red C. Submit paint data sheets and color charts to the Engineer for approval, prior to providing paint for fire hydrant color -coding purposes. Additional paint requirements are listed in Appendix B, Special Provisions. D. Utilize extreme care while operating fire hydrants for flow tests. The Contractor is responsible for any damage to the new water main facilities, old water main facilities, or adjoining property that result from flow testing work. 3.03 TAPPING SADDLES AND CORPORATION STOPS A. Provide and install saddles and stops with matching threads, and outlet fittings for the applicable service line. Install as recommended by the manufacturers to ensure that excessive tightening does not damage the main. Complete main leakage and pressure testing with all taps, service lines and meter settings in place. 3.04 TAPPING SLEEVE AND VALVES A. Install tapping sleeves and valves in accordance with manufacturer's recommendations. Where a PVC main is tapped, retain the integrity of existing trace wire. Attach new trace wire to existing and solder the connection. B. Representatives of the Fayetteville Water Department shall be present when existing mains are tapped. 3.05 BLOWOFF ASSEMBLIES A. Install blowoffs as indicated by the details on the Drawings and in accordance with the manufacturer's recommendations. 3.06 TESTING A. Prior to plant startup, all MISCELLANEOUS PIPING SPECIALTIES shall be inspected for proper connection and satisfactory performance. Each item shall be tested at the same time that the adjacent pipeline is tested. Joints shall show no visible leakage under test. Repair joints that show signs of leakage prior to final acceptance. The Contractor will be held responsible for any damage caused by the testing. B. The Contractor shall be responsible for any line breaks or leaks that result from flow testing the fire hydrants. ' FY042165 Wedington Drive Water & Sewer Section 15013-3 I 3.07 PAYMENT A. Payment for the work in this Section will be included as part of the applicable unit price bid amounts stated in the Proposal. B. Payment for fire hydrants shall include grave] drain pit and thrust blocking. Separate payment will be made for the gate valve with box, the 6" stub pipe, and the main tee. Separate payment will also be made for any required pavement surface restoration or base backfill. C. Existing fire hydrants are to be salvaged in workable condition and delivered to the Owner's shop on Cato Springs Road. Hydrants must be in workable order and undamaged to receive payment for salvaging the hydrants. 1 END OF SECTION FY042165 Wedington Drive Water & Sewer Section 15013 -4 SECTION 15014 MISCELLANEOUS METERING AND MEASURING DEVICES PARTI GENERAL 1.01 SCOPE A. This Section covers the work necessary to furnish and install the miscellaneous metering and measuring devices, complete. Included are meter setting assemblies. B. Materials and installation shall conform to the City of Fayetteville standards. 1.02 GENERAL A. Like items of equipment specified herein shall be the end products of one manufacturer in order to achieve standardization for appearance, operation, maintenance, spare parts, and manufacturer's service. B. See CONDITIONS OF THE CONTRACT and Division 1, GENERAL REQUIREMENTS, which contain information and requirements that apply to the work specified herein and are mandatory for this project. PART 2 2.01 A. 2.02 2.03 PRODUCTS Water meters shall be provided and installed by the City of Fayetteville. IUI_ y : �Z AMC A. Meter boxes shall be 18" diameter by 24".deep, PVC with a 0.275 inch wall thickness, as manufactured by Mueller or McCullough. Single meter setting boxes shall have single inlet and outlet notches. B. Meter boxes for 1" meter settings shall be 24" diameter by 24" deep, PVC, SDR-5 1. METER BOX LID A. Meter box lid shall be 18" flat cast iron, Crouch Foundry, C — 109. B. Meter box lid for 1" meter settings shall be 24" diameter cast iron flat meter box lid, Western Iron No. 111. FY042165 Wedington Drive Water & Sewer Section 15014 - 1 2.04 A. B. 2.05 2.06 METER YOKE Meter yoke shall be 5/8" x 3/4" x 12", Mueller B-2404, with a Mueller H — 14222, 3/4" tail piece. Meter loop for 1" meter settings shall be 1" copper setter, Mueller B -2404x12" METER SETTER CONNECTIONS A. For 1" meter settings, provide 1" polyethylene water service tubing and stubout. Utilize 1" compression x compress in fittings, Mueller H-14227 (2 each) for connections. EXISTING METER SETTINGS A. Maintain existing meter settings in good condition during the construction period. Meter settings being replaced with new settings shall be abandoned in place after the Owner removes the existing meter and installs a meter in the new setting. PART 3 3.01 3.02 EXECUTION GENERAL A. All equipment in this Section shall be installed carefully to avoid damage to the instruments and in accordance with the manufacturers' instructions, as approved. B. The Contractor shall furnish such additional incidental materials and labor as required for proper mounting. Install measuring and metering devices plumb or level, as applicable, and attach securely to mounting brackets with suitable fasteners. Units installed in -line shall be made up with the gaskets or thread lubricant specified for the adjacent piping. METER SETTINGS A. Install meter settings in accordance with the details on the Drawings and with the recommendations of the manufacturer. B. Location of meter boxes shall be field determined to correspond to the requirements of the Owner, the desires of the property owner and the general location of existing houses. The Field Engineer shall coordinate meter locations. C. The Contractor shall install all components of the meter settings except for the actual meter. The Owner will install meters in the meter settings. FY042165 Wedington Drive Water & Sewer Section 15014-2 3.03 PAYMENT A. Payment for the work in this Section will be included as part of the applicable unit price bid amounts stated in the Proposal. Payment shall be for complete installations, including the meter box, lid, and meter yoke as well as a separate meter box with lid and pressure reducer, as required by the meter setting detail. Payment shall also include the cost for a plumber to make the connection between the pressure reducer outlet and the house service line. B. In the event that existing meter settings to remain in service have defective boxes, lids and/of yokes, The Owner may direct replacing individual defective components. In this case, payment will be made for the completed installation, in accordance with the applicable unit price bid item. END OF SECTION FY042165 Wedington Drive Water & Sewer Section 15014 - 3 I I I I I I SECTION 15080 MANUALLY OPERATED VALVES PART 1 GENERAL REQUIREMENTS 1.01 SCOPE A. This Section covers the work necessary for furnishing and installing the various manually operated valves in the piping systems, complete. B. Materials and installation shall conform to the Standards issued by the Fayetteville Water Department. 1 1.02 GENERAL H I A. Like items of equipment specified herein shall be the end products of one manufacturer in order to achieve standardization for operation, maintenance, spare parts, and manufacturer's services. B . See CONDITIONS OF THE CONTRACT and Division 1, GENERAL REQUIREMENTS, which contain information and requirements that apply to the work specified herein and are mandatory for this project. PART 2 PRODUCTS 2.01 GENERAL A. All valves shall be complete with all necessary operators, extension stems, floor ' stands, worm and gear operators, operating nuts, etc. which are required for the proper completion of the work included under this section. ' B. Renewable parts including discs, packing, and seats shall be of types recommended by valve manufacturer for intended service. C. All units shall have the name of the manufacturer and the size of the valve cast on the body or bonnet or shown on a permanently attached plate in raised letters. D. For the purpose of designating the type and grade of valve desired, a manufacturer's name is given in the following specifications. Valves of equal quality by other manufacturers will be considered in accordance with the General Conditions. 2.02 DESIGN FEATURES - BRASS AND BRONZE COMPONENTS A. Brass and bronze components of valves and appurtenances which have surfaces in ' contact with the water shall be alloys containing less than 16 percent zinc and 2 percent aluminum. B. Approved alloys are of the following ASTM designations: II FY042165 Wedington Drive Water & Sewer Section 15080 - 1 1. B 61, B 62, B 98 (Alloy A, B, or D), B 139 (Alloy A), B 143 (Alloy 1-B), B 164, B 194, B 292 (Alloy A), and B 127. 2. Stainless steel Alloy 18-8 may be substituted for bronze at the option of the manufacturer and with the approval of the Engineer. C. All gland bolts on iron body valves shall be bronze and shall be fitted with brass nuts. 2.03 VALVE OPERATORS A. All valve operators shall open by turning counterclockwise. Operators shall be galvanized and painted the same color as the valve and associated pipeline. 2.04 VALVE BOXES A. Valve boxes shall be American Flow Control Trench Adaptor of appropriate length for the installation. The word WATER shall be cast into the top of the lid. Extension pieces, if required, shall be the manufacturer's standard type. All units shall be complete with all necessary bases and accessories. 2.05 EXTENSION STEMS FOR VALVE OPERATORS A. Where the depth of the valve is such that its centerline is more than 4 feet below grade, operating extension stems shall be provided to bring the operating nut to a point 6 inches below the surface of the ground and/or box cover. Extension stems shall be constructed of steel and shall be complete with 2 -inch square operating nut. Extension stems shall include a set screw connection to the valve operating nut, and a centering disc near the top of the stem, as needed to keep the stem nut centered in the valve box. 2.06 GATE VALVES A. Type 116: Gate valves 2 -inches and larger for buried water service shall be iron body, resilient seat, epoxy lined with mechanical joint ends, nonrising stem, O-ring seal and 2 inch square wrench nut conforming to AWWA C-509. Valves shall be rated for 200 psi and shall be Mueller A-2360-20, American Flow Control Series 2500, or equal. 2.07 BUTTERFLY VALVES A. Butterfly valves furnished and installed shall be Class 250B in conformance with the requirements of AWWA C504, latest revision, for "Rubber Seated Butterfly Valves". All butterfly valves shall be furnished by Henry Pratt Company, ground hog type, or approved equal. FY042165 Wedington Drive Water & Sewer Section 15080-2 , I I I I I I PART 3 EXECUTION 3.01 GENERAL ' 3.02 I I I I] I I I I [I A. Bolt holes of flanged valves shall straddle the vertical centerline of the pipe run. Prior to installing flanged valves, the flange faces shall be thoroughly cleaned. After cleaning, insert gasket and bolts, and tighten the nuts progressively and uniformly. If flanges leak under pressure, loosen or remove the nuts and bolts, reseat or replace the gasket, retighten and/or reinstall the nuts and bolts, and retest the joints. Joints shall be watertight at test pressures before acceptance. B. Thoroughly clean threads of screwed joints by wire brushing, swabbing, or other approved methods. Apply approved joint compound to threads prior to making joints. Joints shall be watertight at test pressures before acceptance. PLACING A. Generally, unless otherwise indicated on the Drawings, all valves installed in horizontal runs of pipe having centerline elevations 4 feet 6 inches or less above the finish floor shall be installed with their operating stems vertical. Valves installed in horizontal runs of pipe having centerline elevations between 4 feet 6 inches and 6 feet 9 inches above the finish floor shall be installed with their operating stems horizontal. If adjacent piping prohibits this, the stems and operating handwheel shall be installed above the valve horizontal centerline as close to horizontal as possible. Valves installed in vertical runs of pipe shall have their operating stems orientated to facilitate the most practicable operation, as approved by the Engineer. All buried valves shall be installed with valve boxes in accordance with the details shown on the Drawings. B. Install 18 -inch by 18 -inch by 6 -inches thick concrete pad around the top of all valve boxes. 3.03 ACCESS A. Location of valves shall be as required to provide accessibility for control and maintenance. 3.04 ANCHOR BOLTS A. Anchor bolts for floor stands, stem guides, etc. shall be cast -in -place during concrete placement. Threads shall be protected and shall be cleaned before the nuts are attached and tightened. 3.05 TESTING A. Valves shall be tested at the same time that the adjacent pipeline is tested. Joints shall show no visible leakage under test. Repair joints that show signs of leakage prior to final acceptance. If there are any special parts of control systems or operators that might be damaged by the pipeline test, they shall be properly protected. The Contractor will be held responsible for any damage caused by the testing. ' FY042165 Wedington Drive Water & Sewer Section 15080 - 3 B. 3.06 A. B. If requested by the Engineer, the valve manufacturer shall furnish an affidavit stating the materials options furnished and/or that he has complied with these and other referenced specifications. PAYMENT Payment for the work in this Section will be included as part of the unit price bid amounts stated in the Proposal. Payment for buried valves shall include payment for the valve boxes, lids, extension stem where required, and concrete collar. END OF SECTION FY042165 Wedington Drive Water & Sewer Section 15080-4 i I I I H H PART 1 1.01 A. B. 1.02 1.03 SECTION 15082. SELF-CONTAINED AUTOMATIC PROCESS VALVES GENERAL SCOPE This Section covers the work necessary for furnishing and installing the various self- contained automatic process valves, complete. Work includes the individual homeowner pressure reducers installed with meter settings. GENERAL A. Like items of equipment specified herein shall be the end products of one manufacturer in order to achieve standardization for operation, maintenance, spare parts, and manufacturer's services. B. See CONDITIONS OF THE CONTRACT and Division 1, GENERAL REQUIREMENTS, which contain information and requirements that apply to the work specified herein and are mandatory for this project. SUBMITTALS DURING CONSTRUCTION A. Submittals during construction shall be made in accordance with Section 01300, SUBMT17ALS DURING CONSTRUCTIONS, in Division 1, GENERAL REQUIREMENTS. PART2 PRODUCTS 2.01 GENERAL A. The use of a manufacturer's name and model or catalog number is for the purpose of establishing the standard of quality and general configuration desired only. Products of other manufacturers will be considered in accordance with the GENERAL CONDITIONS. B. All valves shall be complete, with all necessary operating appurtenances include din the work under this section. C. All units shall have name of their manufacturer and the size of the valve cast on the body or bonnet or shown on a permanently attached plate in raised letters. 2.02 METER SETTING PRESSURE REDUCERS A. For 5/8" x 3/s" meter settings, provide and install a Watts 3/a" N250B pressure reducer, or approved equal, in a PVC meter box. FY042165 Wedington Drive Water & Sewer Section 15082 - 1 For 1" meter settings, provide and install a Watts 1" U5B pressure reducer, or approved equal, in a PVC meter box. C. PART 3 3.01 3.02 "4 Meter boxes and lids used for pressure reducers will be identical to the boxes and lids specified for the meters. EXECUTION GENERAL A. Before installation carefully clean valves of all foreign material, and inspect valves in open and closed positions. Install valves in accordance with the applicable portions of these Specifications. Installation practices shall conform to manufacturers' recommendations. B. Prior to installing flanged valves, the flanged faces shall be thoroughly cleaned. All flange bolts shall be lubricated with a light coating of the piping manufacturer's recommended thread lubricant. After cleaning the flanged faces, install the flange gasket and bolts. Tighten the nuts progressively and uniformly using a torque - limiting wrench to the torque values specified by the piping manufacturer. If flanges leak under pressure, loose the nuts, reseat or replace the gasket, retighten the nuts, and retest the joints. Joints must be watertight or airtight at test pressures before acceptance. After 24 hours has elapsed, retighten the bolts to their specified values with torque limiting wrenches. METER SETTING PRESSURE REDUCERS A. Install individual homeowner pressure reducers in separate meter boxes, downstream of the meter setting box, as indicated on the Drawings. Where dual meter settings are used, install two pressure reducers in the pressure reducer box. TESTING A. Valves shall be tested at the same time that the adjacent pipeline is tested. Joints shall show no visible leakage under test. Repair joints that show signs of leakage prior to final acceptance. If there are any special parts of control systems or operators that might be damaged by the pipeline test, they shall be properly protected. The Contractor will be held responsible for any damage caused by the testing. PAYMENT A. po Payment for the work in this Section will be included as part of the applicable lump sum and unit price bid amounts stated in the Proposal. Payment for individual pressure reducers installed on meter setting outlets shall be included in the unit price for the completed meter setting installation. END OF SECTION FY042165 Wedington Drive Water & Sewer Section 15082 - 2 , FAYETTEVILL 1 THE CITY OF FAYETTEVILLE, ARKANSAS City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Re: Standard Water Line Specifications April 10th,1191 I •1 I These STANDARD WATER LINE SPECIFICATIONS are hereby promulgate b the City Engineering Division under authority granted by th Fayetteville City Council by Resolution 46-96 dated April d 1996, as approved by the Water and Sewer Committee on Febrl4r: 15th, 1996, and as approved by the Mayor of the City o: Fayetteville. I H soda, Public Works Director ' Venable, Asst PuBI-ip Works 11 id R. Bunn, City Engineer , I I 113 WEST MOUNTAIN 72701 501-521.7700 CAV Cll.ClC_Cnc-J I RESOLUTION NO. 46-96 I U I L I I L r I I I A RESOLUTION AUTHORIZING THE ENGINEERING DEPARTMENT TO PROMULGATE POLICIES, PROCEDURES AND SPECIFICATIONS FOR WATER LINES, SEWER LINES AND STREETS. - BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Engineering Department is hereby authorized to promulgate policies, procedures and specifications for water line, sewer lines and streets. 5e n 2.. That such policies, procedures and specifications for.waterlines and sewer lines shall be reviewed and, approved by the Water and Sewer Conunittee of the.City;and shall be approved by, the Mayor. • Sec i n Thar ouch pohcr pmceducesand,apecEfctrons for. suetscsliall :be• .; rep iewed.'and approved by..the Street:Comnuttee• of. the :.City: Council {niI: shall .be approved; oy . : the Mayor. PASSED AND APPROVED this lnd day of April , 1996. ATTEST By: . Traci Paul, City Clerk J�4, r l• 7 C /�' J . T I. f%;.�.{ APPROVED: By: le4danna, Mayor I TABLE OF CONTENTS I PART A, GENERAL REQUIREMENTS: 1. Requirements to Extend Water Service .......•; 2. Minimum Size of Water Lines ......................... 3. City Participation in Water line Costs .............. I 4. Easements. ....................:.................. 5. Permits ............................................ 6. Approval of Water Extension Plans .................... 3 7. Inspections and Testing Procedures ................... ' 8. Final Acceptance by the City ......................... 9. Location of Water Lines .......................... .. 5 10. Fire Hydrant Spacing ................... 11. Water System Study ........... ........................ 12. Applicability...................... ................ PART B. MATERIALS I 1. Pipe and Fittings. . . . . - - _ . . . . . . - . . . - - - . - - . . . . _ 2. Polyethylene Encasement (Pipe Wrap) .................. 3. Detectable Tape.,..,.,,.,,.,.............'............ 3 4. Backfill`Materials....... ............................ 3 5..,Pipe.Bedding Mater.ials........... ............,:. „-..: :41. 6. Tracer. Wite.............. 7. Concrete:................... 4 ....................: 8. :Steel 'Encas-ement.Pipe. ..:•................ _ .5 •9. Gate Valves.. " " .. 10. Butterfly Valves_........ ............................ 6 11. Valve Boxes. . . . . - . - . . . . _ . . - . . . . . - 7 .......... 12. Fire Hydrants. - - . . . . . - - . . . . . . . - . . . - . . - 71 13. Tapping Sleeves ............ ...........:.............. 8 14. Service Connection Materials.. . . . . - . . . . - . - . . - . . . . . . . . 8 PART C. CONSTRUCTION METHODS 1. Pipe Laying .....................:.................... 1 ' 2. Pipe Trench, Excavation ..........................._ 5 3. Pipe Trench, Backfill...............................5 5 4. Installation of Meter Box Settings71 i 5. Valve and Valve Box Installation ..................... 7 6. Fire Hydrant Installation...a ......... 7. Blow -Off Construction......... ..... .. 9 ......... .. 8. Clean -Up. - . . . . . . . . . . . . . . . . . . - . . . - - . . . . 9 9. Pavement Repairs. . . . . . - . . . . . . . . . . . . . . . . 12 10. Barricades, Guards, and Safety Provisions............ 13 11. Maintenance of Traffic and Closing of Streets........ 13 I I • I I I I n I 1. Requirements to Extend Water Service: All new development of any kind shall be required to exter water services to that development at the owner's expense. Wate service shall include providing adequate domestic water flows a well as fire protection with hydrants spaced in accordance with th local and state fire codes. On subdivision or large scale development water systems, wate lines shall extend to the subdivision property line where futur streets are either planned or built to serve adjacent property Construction of such extensions shall be at- the expense of th, developer. At other locations easements may be required., to facilitate future extension of lines to adjacent properties. Therequirements to extend water service and provide line; 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 i.n no: case shall ' hydrants be installed outside the City. unless a): a fire .f_low'of at least.500 gallons per minute.can.be obtained at the .hydrant,.and .b.. theH residents-. being served' by the -hydrant have <a: contract:�for.:.fire "protect.ion with the. City of Fayetteville .and/or with :a>>Washington County Rural;. Fire'Departsnent:having a.mutual:aid.agreement,:with`the • Fayetteville Fire. Department. U I J I I L 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 II I The minimum line size requirement for the provision of. protection shall be a looped 6 -inch line or, in the event of a d end line, an 8 -inch. This minimum requirement shall regardless of the theoretical flow capacities existing in� system. Even where a 6 -inch loop may be attained, the City Engin, may require the installation of an 8 -inch line in certain loca where loops are long, and where large developments< involved. Lines larger than 8 -inch may be required if they needed to provide domestic and fire flow demands for a developmet 3. City Participation in Water Line Costs: In cases where the City desires to have a larger sized wl line in place than is required under Part 1, Paragraph 2 of the Specifications, the City may enter into an agreement with developer to provide for the construction of the larger sized 1 In that event, the City shall be responsible for difference in material and installation cost between the size required for the developer and the size line desired by the C The City shall not be responsible for any engineerinc associated with the up -sizing unless the larger size line is than 12 -inches in diameter. The City shall not participate in cnci- of On A-4nr.h l.r .....-.11.... ll__ ____. I .. .- - The. cost:.. involved. in up-sizing. 'developer"s. engineer by. the taking of by the City Engineer and thy the City 4. Easements: shall be -.determined by :the. bids, and shall be.approid Councileand/oi Mayor. Easements for water lines shall be at least regardless of the size of the water line. The designated specifically for water line purposes general utility easement. I 20 feet in width easement may e. or it may beta Lines sized 12 -inches through 18 -inches shall not be placed easements of less than 25 feet. Lines larger than 18 -inches sha l be placed in an easement of no less than 30 feet. Wider easements may be required, depending on the specific circumstances involvel. Easements of a lesser width will be considered when adjacent to another easement or under other special circumstances. Als where easements are required between lots, the City will consid� 16 foot easements (to coincide with setbacks)'. Part A, General I H I I I I I I I I I I 5. Permits: All permits required to accomplish the work shall be t] responsibility of the owner or engineer. Such permits may inclu( but is not limited to permits for work within Highway Departmei R/W, railroad crossing permits, "Notice of Intent!' for Erosic Control (Arkansas Department of Pollution Control and 'Ecology) Drainage Permit, Grading Permit, and a "No Charge" tapping permi for fire service lines. Work shall not be started without tY appropriate permit(s) in place. 6. Approval of Water Extension Plans: Detailed plans and specifications shall be required extensions and shall be prepared by a professional registered to do business in the State of Arkansas. for al engines The plans and specifications shall be first approved by th, City Engineer and then shall be forwarded to the State Departmenr• of Health by the Engineer of Record for their approval. In no case shall any water line construction be allowed before the City ha: written approval from the State Health Department. Private lines constructed for fire prevention purposes whici have? no.metering.device or backfl.ow..prevention device rat the.p&in:t • of tie -an to;:the:: Citymainishall'..be.treatedas a.public.line.and kie subjectto these .=.specifications 'as far :as.'engineer:ing,::.coastruction techn quest; •materials, :testing;:•and :inspections are concerned. After a;fynals.inspection ;and ;'•acceptance .of.the :.work, the line shall • be owned" anda.intaineft by t_he towner- ofs'.the property...it .serves:.. 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 measures s raw bales, silt dams, silt ponds, etc.) must be in place in the field prior to construction. For projects 5 acres or larger in size, it is the responsibility of the contractor to have on file with the Arkansas Department of Pollution Control and Ecology a "Notice of Intent". Written notice of the intent to begin construction must be given to the City no less than three (3) days nor more than ten (10) days prior to the construction start date. A pre -construction conference involving the Engineer of Record, Contractor, and the. City i.s required prior to beginning construction. Part A, General 3 I 7. Inspections and Testing Procedures: I All field tests required for a project shall be• witness the City in the presence of the Engineer of Record and It Contractor. The City representative shall be one of the Public Works Construction Inspectors. The Contractor's represent shall be the foreman or superintendent on the job. The Engine Record may be represented by an authorized and quail representative. The City requires a 24 hour notice on all tests. Calls to o City for the -purpose of setting test times shall be made by later than 10:00 AM for test on the following day. Tests delayed by weather or other factors will be rescheduu on the same basis. If a test cannot be reasonably scheduled so a representative of the City can be present, the Engineer of Re will witness the test and certify to the City the results. In no case shall a test be made without the presence of Engineer of Record and the Contractor. It is the responsibility the Engineer of Record and/or the Contractor to coordinate scheduling of tests with the City and with the other part involved. The tests generally associated with water line construction are: 1 a) The' pressure• -test:ing :of. tapping sleeve installations b) The pressure. testing of lines after.installation c) The bacteriological (Bac-T) testing d) Fire Hydrant tests I Generally, no Contractor or Engineer of Record involvement'1 required in the taking of samples for the Bac-T test except that the Contractor is responsible for the proper flushing of the li prior to samples being taken by the City. However, the City m require the presence of the Contractor or Engineer of Record wh questions have been raised as to the methodology or techniques used in the sampling process. Bac-T samples are sent to the State Department of Health for testing. Results obtained by the City shall be forwarded to t Engineer of Record either by fax or by mail immediately up receipt by the City. I Part A, General C Li I I] I I I CJ 1 I Lines failing the Bac-T tests shall be re -sampled as soon a: practicable. If,a„line fails.thre'e (3) consecutive Bac-T tests, the line must be re -chlorinated before..Bac-T samples can be takes again. The City shall not be responsible for the rescheduling O1, failed Bac-T tests. The fire hydrant test shall consist of checking the operatior 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 -..fors -ownership- upon,written notification, to the: Owner :after =final .'inspection. Once,. -the C/i>ty accepts :.the pro'jec t f:or. ownershi:p,. the Ownershall-':be resppnsib:ie for the -provision€o the :C'ity of a two (2)'..year ..maintenance bond- for 100 .percent of the construction : cost which .'::shall ; Cover G defects :in •.materials :;and. workmanship. A:iwalk=through shall,;be'performed at the.end 'of'`the two year period and all deficiencies corredted'prior to release of the bond. City maintenance shall begin after expiration of the Two (2) year Maintenance Bond. Record drawings are- hereby required as a condition of final acceptance by the City. 9. Location of Water Lines: Water lines shall be placed on public streets either in the right of way or in an easement adjacent to the street right of way except that lines can go between lots when there is no other reasonable way to access a line or provide for future service. In no case shall lines intended for individual services be placed in the rear of lots or along back property lines. Part A, General, 5 I 10. Fire Hydrant Spacing: I Maximum spacing for single family and duplex developments s 800 feet. Maximum spacing for all other residential developmeF shall be 600 feet. Spacing and placement of fire hydrants within apartme complexes shall be as called for by local or state fire codes or directed by the Fayetteville Fire Chief. For commercial and industrial developments, fire hydra 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 fi decisions made in regard to required line sizes, water, line locations, location of water pump stations, water tank sizes al location, and any other matter relating to the water distributi system. 12. Applicability: I These regulations and,,. requirements contained .in.,Pa;rt P. of • these Standard :Specifications.sha:ll be applicable to all, land parcelsof .land : being. d.eveloped}. ror•'.conumexcial, :.industrial, residential use. The. material and cons..truct.lon.s.pecificatzions ccrit'ained in Parts B and C< shal'll. he'.appli'ca`ble to all water lin construction under the control of.. the City of Fayetteville. �I I I I I Part A, General I I I ' STANDARD SPECIFICATIONS FOR WATER LINES PART B:: MATERIALS 1. PIPE AND FITTINGS: Allowable pipe materials shall be Polyvinyl Chloride (PVC) ar Ductile Iron. Materials for mains larger than 24" shall k determined on a case by case basis. All pipe shall be designed ft ' a working pressure of at least 200 psi except that for large pip (30" in size or larger) the design working pressure shall be a called for by formal design. In no case shall the design workin pressure be less than 150 psi. For pipe smaller than 24", th allowable pipe sizes are 2, 6, 8, 12, and 18 inches. Polyvinyl Chloride Pipe - PVC pipe 2 inches in size shall hi manufactured in accordance with ASTM D-2241. PVC. pipe 6 inches through 12 inches in size shall be manufactured in accordancf 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 12454E PVC compound conforming tc ASTM Resin Specification D-1784, latest revision. Clean, reworked material generated from the manufacturer's owe. production: shall be acceptable :as! long as: the pipe '',produced meets. all the.' requirements of the S.pecifications:. Nomii_na1 laying length:shall..be 2.0 feet. Joints. for ".2 -inch .:plastic :pipe shall. .conform toASTM ' Specification D-3:139. Joints for ::plastic ipe 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 wit k' t requirements of "Thickness Design of Ductile Iron Pipe' ANSI/AWWA C150/A21.50-91, effective March 1, 1992. Joints and joint materials for ductile iron pipe shall conno to ANSI/AWWA C105/A21.4. All ductile iron fittings shall conform to the require t of ANSI/AWWA C153/A21.53, latest revision, for Ductile Iro Compact Fittings. a Restrained joint pipe and fittings shall be ductile iron pip, manufactured in accord with applicable sections of ANSI/ , C151/A21.51 and ANSI/AWWA C110/A21.10. All restrained j ni pipe shall be "TR Flex," as manufactured. by U. S. Pipe, "F x• Ring" joint as manufactured by American Ductile Iron Pipe, of equal. I Swivel joint fittings shall have a retainer lip and swivel rotatable gland for positive restraint without tie r s. Restraint joints shall be used where testing will be e against closed valves, etc. Flanged pipe and fittings shall be in accordance with e requirements for "Flanged Ductile Iron Pipe. with" Thread Flanges,". -ANSI/AWWA C115/A21.15,..J.atest.revision. Bilts:.and gaskets ;ha -ii •-meet :::the :requir.ements :of ,:ANS3/AI�A C111/A21;11,for "Rubber -Gasket. .Joints for Ductile-lron.Pressure Pipe and..F.ittings." All ductile iron pipe and ductile iron. pipe fittings. shil have a. standard thickness cement mortar lining in conformance to ANSI/AWWA C104/A21.4. I All ductile iron pipe shall have a bituminous exterior coating unless otherwise specified. Exposed pipe may be required o, have a factory prime coat consisting ofr,one coat of Kop-C t 240 Gold Primer, Kop-Coat 622 LCF Primer, or approved equa The bituminous coating shall be approximately 1 mil thick and shall be factory applied to the outside of all pipe a fittings. The finished coating shall be continuous, Smoot , neither brittle when exposed to the cold nor sticky when exposed to the sun, and shall be strongly adherent to the pi or fitting. Joint lubricant shall be provided by the pipe manufacture and applied as per the manufacturer's recommendations. 1 Part B - Materials I.J I I I I I I 1., I 1 I I I Galvanized Steel Pipe and Fittings: Threaded fitting pipe fo; blow-offs.shall,;be unlined::, Schedule 80 steel pipe and shalt conform with the requirements of ASTM Al20-82, latest revision, and shall be galvanized in accordance with ASTI 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): Polyethyleneencasement shall be in C105, latest revision. The polyethylene nominal thickness of .008 -inch (8 mils), either flat tube or sheet form. 3. Detectable Tape: conformance to ANSI/AWWA film shall have a minimum and shall be provided in 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, acid,:-chemical.:reagents and. solvents: found inh..;,the ;so:i1.: .:The minimum -overall thickness, of the tape .shall.. be 5.. 5: mils-_and.the. .,width shall not .be.less than 2 inches with a&. mediumunit... weight of 2..:1-/2..pounds/1 .inch x 100:0 feet. The tape shall be color coded and imprinted. with: the message as follows: e of Water Color Safety Precaution Blue 4. Backfill Materials: Allowable backfill material shall be: Caution, Buried Water line Below (1) Class 7 Aggregate Base Course as specified in Table 303- 1, page 161, in section 303 AGGREGATE BASE COURSE, of the "Standard Specifications for HIGHWAY CONSTRUCTION," Edition of 1993, published by the Arkansas State Highway and Transportation Department. Part B - Materials 03 I I (2) sand.Sand shall consist of clean, hard, durl uncoated grains free from lumps, clay and organic inateri s All (100%) of "sand" shall pass a no. 8 sieve,.__ (4) Red Clay Gravel or "Hillside" as approved by the Jt Engineer" (5) Native materials where the Class 7 materials is , required and where suitable (not to be used as beddi: 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 rik crushing operation commonly known as grit, or equal ' b) Sand c). Class•.8•.:Base. (AHTD'Specification)_;: d) Materials meeting either ASTM D448 Size'#67 or: ASTM D2774 ' In no case shall the maximum dimension of rock exceed 0.50 inches. 6. Tracer Wire: Tracer wire shall be 14 gauge coated copper for undergroul burial. 7. Concrete: ' Concrete for use as reaction backing or below-grou encasement shall be Class "B", defined as concrete with five ba of cement per cubic yard of concrete and with a minimum 28 daa compressive strength of 2,500 psi. I Part B - Materials I 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 I' I. 18 30 0.312 'I " 20 - 24 36 0.312 ' 36 48 0.375 I' 48 60 0.3.75 " " 9. Gate Valves: Gate valves shall be used for pipe up through 10 -inches in ' size. Gate valves 'shall be.:xesilientseated type,.non;-rising., stem gate valves, in conformance withthe requirements' of AWWA 0509,. latest. -revision, for,,, "R&silzeri .Seated;. Gate .Valves;: 3 Though...=1.2 NPS, for. Water•.and'.::Sewage..Systelhs. All :c3'ate ..valves : shall.; be desi-gned :for a miTnimum of 200'; .psi :working. ";pressure. 't All: 'gate '• valves'.+shall- be M&H, AWWA. C5'09"Resrl:ent- Seated -':Gate Valvesi:.or ...:approved'equal..:Approved'equa]s'are! Waterous, Mueller,.and.clow.. All gate valves shall have 0 -ring stem seals. The.0-ring stem seal shall be so designed that the seal above the stem collar can be replaced with the valve under pressure in the full -open position. -"- Gate valves shall have standard mechanical joint ends -'unless indicated on the Plans. Tapping valve ends shall be flanged by NJ. Buried gate valves shall be designed for operation with a nominal 2 inch square operating nut. The standard direction of opening shall be open left as viewed from the top. Handwheels for gate valves shall be in conformance to AWWA C509. Part B - Materials F7 I The interior plate shall have meeting AWWA-0550 The valve sha revision. and exterior of the valve body, bonnet and ,e factory applied fusion bonded epoxy coati latest revision. 11 be tested in accordance with AWWA C509, lane 10. Butterfly Valves: Butterfly valves shall be used for all pipe 12 -inches larger except that 12" tapping valves shall gate valves. Butterfly valves shall be Class 250B in conformance withhE requirements of AWWA C504, latest revision, for "Rubber Se ec 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 e s unless alternate valve ends are indicated on the Plans. B y thickness shall be in strict accordance with AWWA C504, latest revision, Class 250B. All butterfly valves shall be of the tight closing, syntheic. rubber -seat type, as.follows• . 1) Valves 20 inches (nominal--:diameter.).;and.. smaller',shi] have : bonded seats -.which . are :simultaneously .molded.. in,.. vulcanized and --bonded to the body Seat •bond mtt wi'thstand'75`pounds.'pull under test procedure-ASTM D4.2,,. Method B. 2) on valves 24 inches and larger, all seats shall be o synthetic rubber compound. Seats shall be retained the valve body by mechanical means without retaining - rings, segments, screws or hardware of any kind in t flow stream. Seats shall be a full 3600 witho interruption and have a plurality of grooves mating wi a spherical disc edge seating surface. Valve seats shall be field adjustable around the full 3600 circumferen and replaceable without dismantling operator, disc. shaft and without removing the valve from the line. Valve discs shall be as follows. I 1) Valves 12 inches through 20 inches nominal diamete Valve discs shall be constructed of alloy cast iron AS A-436, Type 1. 1 Part B - Materials I ' 2) Valves 24 inches nominal diameter:. Valve discs shall 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 stet seating edge. The valve shaft shall be constructed of stainless steel ar the. bearings shall be corrosion resistant and self-lubricating. Ti ' valves shall be equipped, with a totally enclosed type operator fully gasketed and grease packed, suitable for direct burial. Th operator shall be designed for operation with a nominal 2 inc square operating nut for use with a T -wrench. Operators shall b ' designed to open with a counterclockwise rotation of the operato nut. All valves shall have factory applied fusion bonded epox, coating meeting AWWA C550 latest revision. The valve shall be hydrostatically tested at 250 psi fo: 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 34( Gold Primer or Kop-Coat 622 LCF Primer, or approved equal. 11. Valve Boxes: , 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: I I I All fire hydrants shall be dry barrel hydrants in conformance with AWWA C502, latest revision, for 'Dry Barrel Fire Hydrants", and shall be designed for a working pressure of 200 pounds per square inch gauge. Pressure class 200 fire hydrants shall be three-way, painted white above the ground line .with reflective paint 7216 3M. Approved fire hydrants are Mueller Centurion hydrants, Catalog No. A-423 or Waterous 5 1/4" WB67-90. The hydrant shall have a 6 inch mechanical joint inlet in conformance to the dimensions shown in ANSI/AWWA C110/A21.10, latest revision. Three-way hydrants shall have a 5-1/4 inch valve opening. Part B - Materials 7 I • All fire hydrants shall be equipped with a two-piece birl having a break -a -way flange at the ground line and shall designed for a 42 -inch bury. Extensions shall be Mueller A-3 approved equal. Hydrants shall be equipped with two 2-1/2 inch hose noz e and one 4.5 inch pumper nozzle. The operating nut shall nominal 1-1/2 inch pentagon, National Standard operating u designed to open left (counterclockwise). Fire hydrants shall be equipped with a safety stem coupin and flange which are intended to fail upon vehicle impact withou damage to the stem or main valve. All fire hydrants shall be tested in accordance wit AWWA C502, latest revision. 13. Tapping Sleeves; ' Tapping sleeves shall be designed for 200 psi and shall be t Type 432 for pipe six (6) inches through twelve (12) inches and JCM 412 for pipe greater than twelve (12) inches, or approved equ Tapping sleeves shall be vinyl coated. 13. Service Connection Materials: Materials, for water main taps, service lines, and meter boy, assemblies shall be: Copper Pipe ....................... Type K soft coppe , 3/4",Corporation Stop............. Mueller B-25008 3/4" U Branch, 7.5" width......... Mueller H-15363 5/8" x 3/4" x 12" meter yoke...... Mueller H-1402 3/4" Tail Piece :.................. Mueller H-14222 18" Cast Iron Flat Meter Lid...... C-109, Crouch Found 18" x 24" PVC Meter Box, #501824 .30T, ).275 wall thickness....,..... Mueller/McCullough , Tapping saddles for PVC and Ductile Iron shall be manufactured by Mueller and Romac respectively. I I Part B - Materials I II 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 fron bottom of pipe to top of pipe. At all crossings, the water line pipe shall be adjusted to provide one full length of water line pipe over the sewer line with both joints located as far as possible from the sewer line. A ten (10) foot separation shall be maintained between water lines and sewer lines where those lines run parallel to each other. Care shall be taken not to exceed the manufacturer's recommendations on the degree of deflection allowed per joint of pipe. A pipe bend shall be installed where necessary to maintain conformance to those recommendations. Pipe, regardless of type., shall -be. -laid on 6 inches of bedding material. .(see Part B, Paragraph 5) and shall. be covered to a.depth .of 6" (over thetop of the pipe Tdith� the same material. The bedding ,shall'.be .hand. tamped in the ditch prior to :pipe installation and ..shall'be.hand tamped around and over the pipe. Reaction backing shall be installed at all points of unbalanced pressure. Required area of undisturbed soil for backing purposes shall be calculated based on the bearing strength of the soil (2000 pounds/square foot) maximum allowable unless proven otherwise by soil tests) and on a working pressure of 200 psi. Calculations shall take into account pressures due to -water hammer. Sufficient concrete shall be used to properly transfer load from the fitting to the undisturbed soil in a uniform manner and without exceeding the strength of the concrete. The fitting shall be wrapped with 8 mil polyethylene prior to pouring the concrete. Concrete shall not extend over or around the fitting joints. All bends, tees, etc. shall -remain open until inspected by the city. The transition from. 6 -inch pipe to. 2 -inch pipe shall be by means of a tapped 2 -inch plug. ' All 12 -inch or smaller ductile iron 90 degree bends, tees, hydrant shoes, and other valves within 30 feet of a plug or reducer shall have retainer glands. Part C, Construction Methods 1 I Where ductile iron pipe is being laid, polyethylene encas shall be installed in accordance with ANSI/AWWA C105, 1 revision, for either Method A, B or C installation. The encas shall be provided for all fittings and all other buried iron appurtenances. The encasement shall be protected from prol exposure to sunlight to prevent deterioration of the polyeth, film. All iron fittings and all other iron appurtenances sha. wrapped with polyethylene. Pipe detection tape shall be provided in all trenches!ic o1 water line construction. Installation shall be per manufactur recommendations and shall be as close as practical to finic grade while maintaining a required minimum of 18 inches between detection tape and the top of any pipe line. A trace wire shall be laid adjacent to all PVC installati and shall be looped around the pipe at least once per joint connected to all valves and fittings. At valves and meter settings, the trace wire shall be brought up into the valve meter box as indicated in the standard details. A tracing test be required prior to final acceptance. Maximum pipe cover shall be 60 inches under normal conditio Cover greater than 60 inches shall be allowed for short distan s where required by field conditions. No hydrants shall be allo d where lines, are greater than 60 inches deep. Minimum pipe cover shall be 36.inches. Cover shall be .measured from the top of e pipe:ba:rrel:and• shall .be further defined as: ..a).Land:Levdl Normal to the Direction of the Pipeline_ Coy shall be-measured•from the top of the..barrel of thelpipe the top of the existing: natural ground surface. b) Cut Sections: Cover shall be .required and shall measured from the top of the pipe barrel to the planned grad c) Fill Sections: Cover shall be measured from the top of t pipe barrel to the natural ground surface underlying the fl unless fill material is placed and properly compacted prior to laying the water line. d) Along and Under Streets: The Cover along streets shall measured either from natural ground or the curb elevation whichever results in the lowest absolute elevation of t pipe. Cover under streets shall be measured from the top the subgrade. Minimum elevation for service lines under streets shall be 3 inches below the planned subgrade. That depth shall be maintains to a point at least 5 feet outside of the curb, storm sewer line or sidewalk. Service lines shall be wrapped with polyethylene i areas where a grit or other bedding material is not required. Part C, Construction Methods I I I.. 1 1 I I. 1 1 Reasonable amounts of: water for flushing, testing an( disinfecting water lines will be supplied by the City. The wor) shall be coordinatedto ensure that it will not be carried or during periods of high water usage. Water valves on the existinc water system shall only be operated by, or under the direct personal supervision of the City of Fayetteville Water Department. After completion of construction of all water lines or sections thereof, the Contractor shall flush, test and disinfect the new water lines as set out below. a) Flushing: The Contractor shall fill and flush the newly constructed lines and visually check all combination air release and vacuum valves, blow -off valve assemblies, line valves, and fire hydrants to assure proper operation. b) Hydrostatic Testing: - All pipe on this project shall be tested as set out in AWWA C600, latest revision. Tests will be conducted only after the line is completed, including all taps and meter settings as required and the backfill completed. These tests shall be performed by the Contractor in the presence of the City Inspectors and the Engineer of Record. The Contractor shall furnish all necessary pressure gauges, meters, and pumps and make all taps and connections. • Each. valved sectionrof pipe: shall be slowly filled with water and.'the specif._ied::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 for •a period of two hours. Fire hydrant valves shall be. open during the pressure test. c) Leakage: The leakage test shall be conducted concurrently with the pressure test. Leakage shall be defined as the quantity of water that must be supplied into the newly laid pipe, or any valved section thereof, to maintain pressure within 5 psi of the above specified test pressure after the air in the pipeline has been expelled and the pipe -has been filled with water. Part C, Construction Methods 3 I The leakage for water pipe shall be within the limits set out in AWWA C600, latest revision. No pipe installation will e accepted until the.leakage is less than the number of galls per hour as determined by the formula: L = (S) (D) (P05) 133,200 L = allowable leakage, in gallons per hour; S = length of pi tested in feet; D = nominal diameter of the pipe, in inchet and P = average test pressure (psi). Should any test of pipe laid disclose leakage greater th1 that specified, the leak shall be located and repaired and the line shall be re -tested. All visible leaks shall be repair 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.� feet per second. The line shall then be disinfected I accordance with AWWA C601, latest revision, for "Disinfecting Water Mains," continuous feed method, except that the placin of hypochlorite granules into the main during constructior� will not be permitted. The contractor shall take great care when flushing the line t assure proper drainage is. available to prevent harm at an adjacent downstream'. location. Disposal of the disinfecting water shall be in a mannerthat, 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 pQ S. i 2. Pipe Trench,. Excavation: I. The trench shall be excavated to_at least 6 inches below th( grade necessary to provide the minimum cover required: Trench widtt shall be outside pipe diameter at the bell plus l foot either side, except for PVC pipe, the minimum trench width shall be the outsidE diameter of the pipe plus 8 inches. Maximum trench width shall be the outside diameter of the pipe plus 2 feet. ' Where the bottom of the trench at subgrade is found to be unstable or to include ashes, cinders, any type of refuse, vegetable or other organic materials, or large pieces of fragments of inorganic material which in the judgment of the Engineer should be removed, the trench shall be excavated and such material removed to the width and depth ordered by the Engineer. ' Before the pipe is laid the subgrade shall be made by backfilling with bedding material (Part B, Paragraph 5) in,,.6 inch uncompacted layers. The layers shall then be hand or machine ' tamped so as ,to provide a uniform and, continuous bearing and support for the pipe at all points along the pipe length. ' The sides of any excavation, when deemed necessary or as required by State or FederalS regulation, shall be properly supported with bracing, shoring or..sheeting as the need may be.. Such bracing, and shoring.shall be withdrawn as the work- progresses. In case the excavation is close -enough .to buildings or other •r.. foundations as to endanger �thexir. stability by the .removing.of.such bracing, then they shall be made'.se'cureand left in place, and the ' 'water line trench backfilled'and'thoroughly tamped. with the bracing in place. The Contractor shall provide sufficient pumps and other ' necessary equipment to keep the trench free of water which may accumulate. If the bottom of the trench becomes soft and muddy, the Contractor shall remove all such soft material and replace it ' with bedding materials approved in Part B of these specifications. Under no conditions shall pipe be laid in a trench that has not been properly dewatered. ' The length of trench that may be opened ahead of the pipe laying operation shall be determined by field conditions. The contractor is responsible for the proper restoration of open trenches damaged by the weather or by other means. If, because of such trench damage, a different type of pipe bedding system is required to provide proper pipe support, the extra expense of such ' revised bedding'shall be borne by the contractor at no cost to the City. 1 Part C, Construction Methods 5 I 3. Pipe Trench, Backfill: After the pipe bedding has been placed (including up thr g 6" above the pipe, the trench, excavated areas around valls fittings, fire hydrants, and other appurtenances shall b backfilled with excavated material free from rock larger than inches within 18" of the top of the bedding and 8" in diam e thereafter. In no case shall rock material from blasting op?rati3n be allowed in the trench. All pipeline trench backfill shall be placed in layers Hof appropriate thickness and compacted using a mechanical, hydraulically -powered vibratory trench compactor or ot1pr equivalent equipment. Heavy compaction equipment shall not be u d closer than 2 feet to the top of the pipe. Any backfill failing to meet the compaction requirements set out below shall be replad and/or recompacted to meet the compaction specifications. All trench backfill (except under paved or driving surface areas as detailed below) shall be compacted to 90 percent (minim ) of that of the adjacent undisturbed soil. Unless specifically nolad 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 paid area or driving surface including streets, parking lots, future or, planned streets; or driveways.,., the backfill shall be crushed stUe as specified.in Section 300. CRUSHED. STONE. BASE (AHTD:Class 7). Tl Crushed stone trench backfill (.aggregate base cour.se, Class 7) shall be placed in 6 to 8 inch lifts and compacted to 95 perce modified Proctor density (ASTM D1557-78). Red clay gravel or "hillside" may be used as a backfi material in areas described in the above paragraph wit specifically approved by the City Engineer and compacted in 6 to inch lifts to 95 percent of standard proctor. One density test per crossing shall be required. Where tl� trench runs parallel to the driving or paved surface one density test shall be required per 500 feet or portion thereof. additional test will be made for each test failure at approximate 100 feet either side of failing test. In areas to be topsoiled, the density of the backfill materi shall be tested at a depth of 12 to 18 inches below the finish grade prior to the placement of the topsoil. In open fields and other areas where deemed appropriate, t trench may be overfilled and allowed to settle prior to fina surface replacement. Trenches may be flooded to promote settlement in areas where it is deemed appropriate. Part C, Construction Methods 11 4. Installation.of Meter Box Settings: I.. Meter box settings shall be located at the street right of wz or easement line. Double meter boxes shall be placed on the property line between the two lots to be served. Single meter set I. shall be placed in the center of the lot. The final grade at the meter box location shall be determine by the Engineer of Record and the meter box shall be placed at tha I. grade. Up to the time of final acceptance by the City, it shall b the responsibility of the Owner to make whatever adjustments t meter boxes that might be necessary. After final acceptance by th ' City, any adjustment of meter boxes needed will be handled is accordance with existing or future City Ordinances that may gover: the situation. No meters shall. be set by the City until the meter box is adjusted to the proper grade. ' Any boxes falling in driveways or sidewalks shall be relocates at the expense of the developer or lot owner. ' It. shall be the responsibility of the Engineer of Record tc place meter box locations on the Record Drawings and,to mark then in the field. The Record Drawings shall indicate from where each lot is to receive water service. 5._ Valve and Valve Box. Installation: ' Gate and butterfly valves shall be installed in accordance with AWWA C600, latest revision, Sections 3.3 and 3.6, and with either AWWA C504 or AWWA C509, as applicable, latest revisions, the ' manufacturer's recommendations, and these Specifications. Prior to installation, all. valves shall be visually inspected 1 for defects, and any foreign material in the valve interior removed. IA 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 I. that the ground will not settle after placement of the concrete collar. ' Part C, Construction Methods 7 I All valve box lids shall have an 18 inch square conch collar placed around them. The collar shall be centered on t valve box lid and shall be 6 inches thick. The top of the shall be flush with the top of the box and the surrounding gr or roadway surface. Valve box collars shall not be construct until every item of cleanup has been completed. I 6. Fire Hydrant Installation: Prior to installation, all hydrants shall be inspected Io1 direction of opening, cleanliness of inlet elbow, handling dama�e, and cracks. All hydrants shall stand plumb within a tolerance of 1/8 inct horizontally in 12 inches vertically. The nozzles shall be paraj&e: with, or at right angles to, the street with. the pumper no lE facing the curb. Hydrants shall be set to established grade wits the nozzle centerline at least 18 inches above the ground. When hydrants are placed beyond the curb, the hydrant barge] shall be set so that no portion of the pumper or hose nozzle car will be less than 12 inches nor more than 18 inches from IPE outside face of the curb. When set in the lawn space between c curb and the sidewalk, or between the sidewalk and the property line, no portion of the hydrant or nozzle cap shall be with!E 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. e 6 inch branch of themain line fittings shall be equipped w h retaining lip and swivel gland for positive restraint without tie rods. Any change in grade needed to properly place the hydr t 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 p of the reaction backing to at least 6 inches above the wale opening in the hydrant, and to a distance 3 feet around the elbow. No drainage system shall be connected to a sewer. 1 The bowl of each hydrant shall be braced against unexcavated earth at the end of the trench with concrete reaction backing. N NO CASE SHALL THE CONCRETE BACKING BLOCK OR IMPEDE FLOW FROM E FIRE HYDRANT DRAIN PORTS. I [1 Part C, Construction Methods 18 I I Li I I I L L I L I I [I I I I 7. Blow -Off Construction: The location of the blow -offs shall generally be as detailed The exact location as well as the orientation and length of th piping shall be determined in the field to ascertain that th 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 andl approved by the City Engineer. There are generally three classifications of cleanup for waterI line construction: Class I Cleanup. Areas of construction within lawns, or other well -kept areas, including. street rights. of are kept as lawns byadjacentlandowners. gardens, way that Class II. Cleanup. Areas of construction within fields, meadows and street rights of way which are mowed or cultivated (gardens excepted). Class III Cleanup. Areas of construction that are brushed or.wooded, steep rocky slopes, or other areas is not practical for the area to be cultivated. heavily where it The method of cleanup for each of the classes defined above shall be as set out below. a) Class I Cleanup - Lawns. Gardens, Etc. The trench shall be backfilled in accordance with these Specifications. After the topsoil has been replaced to the same depth as adjacent undisturbed areas over the damaged areas, the Contractor shall proceed immediately to hand rake the entire construction area to remove all rock 1/2 inch or larger in diameter. Debris of every type shall be removed and all damaged, tree limbs shall be pruned. After the area has been raked and accepted, it shall be seeded at the rate of 0.15 pounds per 100 square feet, using the following seed mixture (percent weight): Part C, Construction Methods 6 I Lawn Fescue 40% Blue Grass 30% Rye Grass (Annual) 30% During or after seeding is complete, all areas shall�b covered with 10-20-10 fertilizer at the rate of 250 pounds e acre, or approximately one-half pound per 100 square feet. N watering will be required. However, after seeding and fertilization the entire area shall be rolled with a rollelf 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 e uniformly spread so as to provide a thickness of approximat y 2 inches when first spread. Where the existing ground cover does not contain any of e. grasses as set out in the seed mixture above (Bermuda gra , Zoysia, etc.), the Contractor shall be responsible for cutting, removing stockpiling and saving the existing sod the job site. After constructing the, water line backfilling the trench, the sod shall be replaced to a condition equal to or better.than that prior to constructio In the event that insufficient sod has been stored;. or sod h been lost or destroyed, the. Contractor shall be responsib for providing and installing new solid sod of the existing type to complete :the cleanup. b) Class. II Cleanup - Fields Meadows, Etc. The trench shag be backfilled in accordance with the Pipe Specification After the backfill is completed and the surface over t trench left slightly rounded, the area shall be machine rak) to remove all rock to a condition equal to the existing surface on the better side of the adjacent existing right way. All excess excavated material shall be removed from the sit 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 o 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' [1 I I I I I I After the area has beenaccepted, it.shall be seeded at tt rate of 0.15 pounds per 100 square feet. During or afte seeding is complete, all areas shall be covered with 10-20-1 fertilizer at the rate of 250 pounds per acre, or abou one-half pound per 100 square feet.. No watering will b required. However, after seeding and fertilization the entir area shall be rolled with a roller of sufficient size an weight to achieve a smooth finished surface prior t mulching. Where the existing field grass is Bermuda, or other type not specified above, the Contractor shall place suc] 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) C1dSs 111 Cleanup - steep, wooaea or Rocky Areas.. The trench shall be backfilled inaccordance with the Pipe Specifications. After the trench backfill is complete, all damaged brush of every type shall be cut just below ground surface and all damaged limbs shall be trimmed. All brush and debris shall be disposed of by the Contractor and the entire area shall be machine raked.so that the'area of construction is in a condition equal to the existing:. surfaceon the better .side of•the existing adjacent right of .way.. The area of the trench line shall then be seeded and - fertilized at the rate of 0.15 pounds: per 100"• square feet using the.same seed mixture, fertilizer and application rates as set out under .Class II cleanup, except that tall fescue (Kentucky 31) shall be used in place of field fescue. Straw mulch consisting of good grade clean straw, free of weeds or seed shall be placed over seeded areas and shall be uniformly spread so as to provide a thickness of approximately 2 inches when first spread. d) All Areas. All work within the construction area shall be cleaned to the satisfaction of the Owner. In general, all rocks, trash or rubbish of any nature shall be removed from the site of the work. During construction, the Contractor shall at all times keep work areas in a clean, neat and workmanlike condition. Excess pipe, excavation, brush and materials of construction shall be removed and disposed of as the work progresses. In built-up areas, including lawns, the job site shall be cleaned up immediately behind construction. Streets and driveways blocked by excess materials after basic construction is completed will not be tolerated. Part C, Construction Methods 11 I I If the trench should settle while the Contractor is still the job or within two (2) years of the project comple date, the Contractor shall make the required repairs aadditional cost to the Owner in accordance with the continuiresponsibility provisions of these Specifications. Failur Contractor to make necessary repairs during the one period will be cause for Owner to make or contract for repairs and invoice the Contractor for all costs. e) Restoration of Damaged Surfaces and Property. Where pavement, trees, shrubbery, fences, poles or other prop and surface structures have been damaged, removed or distu by the Contractor, whether deliberately or through failur carry out the requirements of the contract documents, s laws, municipal ordinances, or through failure to employ u: and reasonable safeguards, such property and sur: structures shall be replaced or repaired at the expense of Contractor. f) Access after Construction. Unless otherwise directed, 1.. 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, r. house building activitie::: 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 I 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 bel the top of the existing pavement. Six inches of 3000 p concrete shall be placed and allowed to cure. This area shall then be resurfaced by applying asphaltic ceme prime coat at the rate of 0.25 .gallons/square yar followed by a minimum of 3 inches of hot -mixed, hot -laid asphaltic concrete, laid to an elevation matching t existing finished grade. The hot -mixed, hot -laid aspha shall be compacted to 92 percent of theoretical density. 1 Part C, Construction Methods 1 I i 1 1 1 1 I 1 1 1 I. I. I. I c One nuclear densimeter test per asphaltic patch or repa .shall be performed. The asphaltic pavement repair sha be deemed. acceptable by the Engineer upon a passi nuclear densimeter test at a location as directed by t Engineer. The cost of determining the compacted densi shall be at the expense of the Contractor. Any unacceptable patch or repair shall be replaced and/ recompacted and retested at the Contractor's expense. Concrete Pavement. Repair. The existing pavement sha. be saw -cut and removed to a point 18 inches beyond t] trench line limits, and brought to grade 9 inches belt the top of the existing pavement.. Concrete (4200 ps: shall be placed to match the existing surface. Joii sealer shall be placed in the area between the repaire surface and the original surface. Unpaved Driving Surface Repair. After the trench he been backfilled as set out elsewhere in thes Specifications, the surface shall be brought to th 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...wher specifically noted otherwise. . 10. Barricades, Guards and Safety Provisions: To protect persons from injury and to avoid property damage, adequate barricades, construction signs, warning lights and guard_ 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 sole 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 inte travel not more than street intersected. Contractor shall pro and driveways. rruption to traffic, and may close to through two consecutive blocks, including the cross Where traffic must cross open trenches, the vide suitable bridges at street intersections Part C, Construction Methods 13 1 I I The Contractor shall post suitable signs indicating that street is closed and necessary detour signs for a p p maintenance of traffic. Three (3) days written notice tot Mayor's office is required prior tothe closing of any stree Also, it will be the contractor's responsibility to notify 1 emergency units (fire, police, EMS, etc.) prior to the closi o partial closing of a street. The closing of State Highways s 1 require approval of both the City and the State Highway an Transportation Department. I n I. I C I I Part C, Construction Methods 1, I APPENDIX B ' SPECIAL PROVISIONS The Standard Water Line Specifications as published by the City of Fayetteville shall govern for all water mains and appurtenances to be installed on this project, except as modified herein. ' 1. All ductile iron mechanical joint waterline fittings shall have a 6-8 mil thickness of fusion bonded epoxy applied to the exterior and interior of each fitting. This coating shall conform to ANSI/AWWA C550 and C116/A21.16. ' 2. Tracer wire when spliced or damaged shall be connected with wire nut and wrapped with electrical tape. ' 3. Meter yoke shall be Mueller B2404 or approved equal. ' 4. Water service line shall be Drisco Pipe, 200 psi, DR -9, or approved equal. One inch minimum size between the main and meter setter inlet. Install trace wire with the service line, spliced to or looped from the water main trace wire to the meter box. Service line Ion the meter outlet side, connecting to the customer's tubing, may be 1 -inch or 3/4 —inch in size, as required to match the customer's service line. ' 5. All trenches shall be backfilled in accordance with the City of Fayetteville's Standard Specifications for Waterline Construction, dated 1996, or its latest revision. Ii I] I I I I II L C 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 deteuuinations. 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. I FY042125 Hwy 62 Water, Appendix B Paint Name - Interprise First Step Metal Primer — 48938 Red Interorise-Green Base 1180 Colorant Oz 48'h 96`h 102 Thalo Blue 15 1 103 Thalo Green 2Y 9 0 111 Med Yellow 31 0 Interprise-Red Base 1184 Colorant Oz 48th 96th 102 Thalo Green 0 0 0 114 Ext Yellow 1 Y 29 0 116 Ext Red l0Y 37 113 White 30 0 Interprise-Blue Base 1180 Colorant Oz 48th 96th 102 Thalo Blue 1 Y 4 115 Magenta 8 Paint Name - Koppers Koppers - Orange 324 Osha Safety Rustarmor 500 Enamel 7. Valve boxes shall be American Flow Control Trench Adaptor of appropriate length for the installation. The word WATER shall be cast into the top of the lid. Extension pieces, if required, shall be the manufacturer's standard type. All units shall be complete with all necessary bases and accessories. FY042125 Hwy 62 Water, Appendix B 2 I u ITh _2 'I I THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Jim Beavers, City Engineer From: David Jurgens, Water/Sewer Date: 13 March, 2000 Re: Water Shut Down and Boil Orders For Contractor Work Updated 13 March 2000 The Arkansas Department of Health has changed its boil order policy: This memo, and the attached notices to customers, reflect the changes in that policy. These outline the updated procedures to be followed any time a contractor must shut down water to any customers serviced by the Fayetteville water system. Most of the changes are in the attachments and in the sampling procedures the Water/Sewer Department must. follow; there are no changes in the contractor's procedures. This policy should go into effect immediately. You can easily tell if the form being used is the updated form. These all have the following line near the bottom of the notice: Lcttcr updated 13 March, 2000. Previous editions are obsolete. ''. If this line is not present, the notice is obsolete and should be discarded. ' . First, shutting down water to any customers for a planned job shall be avoided whenever possible. All possible efforts must be made to keep water flowing to all customers. If the shut down involves hospitals, health facilities, schools, food service establishments, day care centers, industries, chicken ' houses, homes with special needs, and other water -critical facilities (as determined by the City), temporary water service must be provided at the contractor's or developer's expense. ' In the event that water must be shut off to a customer, each customer shall be notified no later than 72 hours (or three working days, whichever is longer), in advance with a form provided by the Water and Sewer Maintenance Superintendent. A copy of this form is attached. The contractor is responsible to hand out these advance notices to each customer who will be out of service after specific coordination with the Water and Sewer Maintenance Department. Notices shall be distributed to the customers ' only after it is completely filled out, including the address list, and submitted to and approved by the Water/Sewer Department. The City reserves the right to establish the day and time for the water shut -down. This may include, but is not limited to, requiring that the shut -down take place at the time ofminimum usage for the customers, and will frequently be late night and/or weekend work. Any costs incurred will be borne by the ' contractor. When possible, we would like to have the work performed no later in the week than Wednesday, so we ,. can have the boil order results back in the same week as the work is performed. I I Steps of the process are as follows: ' 1. Identify the potential need to shut down the water. 2. Coordinate with the Water/Sewer Department to identify exactly what addresses will be impacted and what valves must be operated. Jointly ensure that all of these valves are in proper working order. 3. Meet with the following to ensure all parties are involved and fully aware of the project and what is involved. This meeting will normally be held at the City Engineer's office at least 4 working days prior to the shut down. The following must attend: the designing engineer (or his representative), the contractor, the City's engineering inspector, and a representative of the Water/Sewer Department. The designing engineer or contractor must bring with them the list of addresses to be affected. They must also have detailed plans for the work to be performed and plans for any temporary water services to be provided. Coordination must be made with each critical water user prior to this meeting. Points of contact (names and telephone numbers) for each must be on the list. 4. Deliver the notices to the Water/Sewer Department, with the address list. Confirm that the information is approved. This must be done prior to distributing the notices to the customers. 5. Hand out notices to the customers three working days in advance. Each individual address that is notified must be written down, and a copy of the list must be delivered to the Water and Sewer Department no later than two working hours prior the notices being distributed. This list should exactly match the list identified in advance, per paragraph 3, above. If apartments or other multi -dwelling ' structures are involved, notice must be delivered to each individual residence. Legally, notices can not be put in mailboxes. 6. Confirm with both Engineering and Water/Sewer no later than 10:00 aim the day prior to the work being performed to confirm inspection and valve operation. [Engineer/Contractor]. 7. Perform the work. 8. Notify Water/Sewer when finished with job, so they can take water samples for the boil order. ' 9. Issue boil order releases when sample results are returned. The Water/Sewer Department will issue the releases. In some cases, the Water/Sewer Department may require the contractor provide personnel to assist in handing out the notices. 1 I have attached two separate notices which may have to be distributed. The first is for water pressure reduction, when no boil order will be required. The second is when a boil order will be required. The decision of which is required will be made in the meeting at Engineering (step 3). Letter updated 13 March, 2000. Previous editions arc obsolete. 'SPECS\BOB.-CON.DEP ' I FAYETTEYILLE I. THE CITY OF FAYETTEVILLE, ARKANSAS WATER SYSTEM NOTICE.TO THE CUSTOMER PRECAUTIONARY BOIL WATER NOTICE DATE: Date t ro t Due to scheduled water system maintenance in your area, the contractor listed below, under supervision of the engineer listed below, must shut the water off to your business or residence. If you need to draw up water for use, please do so before this time. The water will be off as follows: DATE TURNED OFF (approximate): TIME TURNED OFF (approximate): ' TIME TURNED ON (approximate): Once your water has been turned back on, the Arkansas Department of Health (ADH) requires the City of Fayetteville ' Water and Sewer Department issue this precautionary boil water notice. The ADH recommends that water being used for drinking and cooking be heated to a rolling boil for at least one minute- Ice cubes formed while this boil order is in effect should be discarded and only boiled water used for making ice. Water used for bathing should not be a problem, although small children should be supervised to ensure they do not ingest the water. In addition to or in lieu of boiling the water, you may want to use bottled water from a reputable source. This boil order will be in effect until the water has been tested and approved by the Arkansas Department of Health ' laboratory. The results should be known in 5 to 7 days. You will be notified via letter on your door as soon as the Water/Sewer Department receives this approval from the State Health Department. Again, this boil order is a precautionary requirement. The chances of contamination in your water are slight, but for your safety and to meet State regulations this precautionary boil order has been issued for your residence or business. If you have any questions, please call one of the following: ' Engineer: cot,my and contact Nerve Phone Contractor: Contpmty and Contact Nmne phone ' Thank you for your patience and consideration. I Water & 575-8386 Superintendent ' Letter updated 13 March, 2000. Previous editions are obsolete. DACABOELCON.WPD I 113 WEST MOUNTAIN 72701 501-521-7700 rAY Sn1-575-A957 THE CITY OF FAYETTEVILLE, ARKANSAS ' WATER SYSTEM NOTICE TO THE CUSTOMER WATER PRESSURE REDUCTION ' DATE: Date 1 Stn t Due to scheduled water system maintenance in your area, the contractor listed below, under supervision of the engineer listed below, must significantly reduce the water pressure in the area serving your business or residence. The water pressure will be reduced at the following time: DATE TURNED DOWN: L TIME TURNED DOWN (approximate): TIME TURNED BACK ON (approximate): The pressure will probably be reduced such that you will not have water available in your residence or business. We are attempting to make the repairs in this way so as to avoid having to put your home or business on a precautionary boil order. As this is simply a temporary reduction in pressure and, if the work goes as planned, there will be no requirement for the City to issue a precautionary boil order. Your water will be perfectly safe to drink as soon as full pressure is restored. If the repair does not work as we expect and a boil order becomes necessary, you will be notified, in writing, when we the need for the boil order is identified. ' If you need to draw up water for use, please do so before the time we will be reducing pressure. If you have any questions, please call one of the following: ' Engineer: Company and Contact Name Phone Contractor: Company and Contra Name Thank you for your patience and consideration. DAVID JURGENS Water/Sewer Maintenance Superintendent 575-8386 Letter updated 13 March, 2000, Previous editions arc obsolete. 17119 I I D1\C:\\B0ILC0N-PRE$,WpD ' 113 WEST MOUNTAIN 72701 501-521-7700 FAX 501-575-8257 I BOIL ORDER FORM II DATE NOTIFIED DATE CLEARED III ADDRESSES: CREW FOREMAN 1 I. I I I I I I 1• l I I E I I I Li I 1� 2 3 4 5 6 7 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Slate of Arkansas 79th General Assembly Regular Session, 1993 By. Senator Keet As Engrossed: 2/10/93 ACT 2911993 A Bill SENATE BILL 320 For An Act To Be -Entitled "AN ACT TO REQUIRE THE INCLUSION IN ALL BIDS FOR PUBLIC WORKS PROJECTS A SEPARATE PRICE PAY ITEM FOR TRENCH OR EXCAVATION SAFETY SYSTEMS; TO INVALIDATE BIDS WHICH DO HOT CONTAIN SUCH PROVISIONS; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES." Subtitle "AN ACT TO REQUIRE THE INCLUSION IN ALL BIDS FOR PUBLIC WORKS PROJECTS A SEPARATE PRICE PAY ITEM FOR TRENCH OR EXCAVATION SAFETY SYSTEMS." BE IT ENACTED BY THE GENERAL ASSEMBLY OF. THE STATE. OF ARKANSAS: SECTION 1. Whenever any agency of this state or of any county, municipality, or school district, or other local taxing unit or improvement district enters into a contract covered by the provisions of Arkansas Code SS 22-9-202 - 22-9-204 for the making of repairs or. alterations or the erection of buildings or for the making of any other improvements, or for the construction or improvement of highways, roads, streets, sidewalks, curbs, gutters, drainage or sewer projects, or for any other construction project in which the public work or public improvement construction project involves any trench or excavation which equals or exceeds five (5) feet in depth, the. agency, county, municipality, school district, local taxing unit or improvement district shall require: (1) the current edition of Occupational Safety and Health Administration Standard for Excavation and Trenches Safety System, 29 CFR 1926, subpart F, be specifically incorporated into the specifications for the project; and (2) the contract bid form to include a separate pay item for I vja76 I • • 1 3 4 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 As Engraved: 2/10/93 trench or excavation safety systems and be included in the base bid 58120 I. SECTION 2. In the event a contractor fails to complete a separate pa, item in accordance with the applicable provisions of Section 1 of this act, the agency, county, municipality, school district, local taxing unit or ' improvement district shall declare that the bid fails to comply fully with the provisions of the specifications and bid documents and will be considered invalid as a non -responsive bid. The owners of the above stated project chat notify the State Department of Labor (Safety Division) of the award of.a contract covered by this act. SECTION 3. All provisions of this act of general and permanent nature' are amendatory to the Arkansas Codeof 1987 Annotated and the Arkansas Code Revision Commission shall incorporate the same in the Code. I SECTION 4. If any provisions of this act or the application thereof any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect withou the invalid provisions or application, and to this end the provisions of thil act are declared to be severable. SECTION 5. All laws and parts of laws in conflict with this act are 23 hereby repealed. ' 24 25 26 27 28 29 30 31 32 33 34 SECTION 6. Emergency. It is hereby found and determined by the Seventy -Ninth Ceneral Assembly of the State of Arkansas that the well-being Arkansas' craft workers are unnecessarily exposed to the hazards of trench excavation and the immediate passage of this act is necessary in order to protect the health and safety of the Arkansas worker. Therefore, an emergen is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval. /s/ Senator Keet 35 36 r M 2 vjR7! I C I C I C I n I F I I C C C Occupational Safety and Health Admin., Labor f it is necessary to stand at the out bard or inboard edge /na the deckloa ere less than 24 incof bulwar ra'I, roaming, or otheotection fx is all employees shbe prow' ec wit a suitable meanf prote io agai st falling from thekload. (d) first -aid and lifesg equi meet. (1) P visions for rendng fit aid and m dical assistancell b in ac- cordant with subpart Dthi part.(2) Th employer shen re thatthere is i the vicinity c barge inuse at le t one U.S. CGuard-ap- proved 3O- ch liferingnot lessthan 9O fee of line ated. and atleast one po able or penent ladderwhich will rch the tof the apronto the surface f the watIf the above equipment is n t av the employer all the time that his (3)Employees Ii the unguarded de protected with U. proved work vests (e) Commercial d L mercial diving o era ject to subpa t §41910.401-1910.4 1. of iil le at the pier, f nish it during v rking the barge. ng or working on of barges shall be Coast Guard-ap- buoyant vests. operations. Com- ons shall be sub - of part 191O, :h\s chapter. [39 FR 22801, Ju a 24, 1974, s amended at 42 FR 37674, July , 19771 § 192/su finitions a licable to trt.(a)The area along he water- frontthe pier or whar(b)—The side of a s ip above the uk. (c) —The raised fra e, as arouhway in the deck, keep out w Jacob's ladder —A marine ladder of or chain with wooden or tal Rail, for the purpose of § 1926.6 s a light structure serving as at the outer edge of a shit Subpart P —Excavations AUTHORITY: Sec. 107, Contract Worker Hours and Safety Standards Act (Construc- tion 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 § 1926.650 25059), or 9-83 (48 FR 35736), as applicable, and 29 CFR part 1911. SOURCE: 54 FR 45959, Oct. 31, 1989, unless otherwise noted. n § 1926.650 Scope, application, and defi- nitions applicable to this subpart. (a) Scope and application. This sub- part applies to all open excavations made in the earth's surface. Exca- vations are defined to include trenches. (b) Definitions applicable to this sub- part. Accepted engineering practices means those requirements which are compat- ible with standards of practice required by a registered professional engineer. Aluminum Hydraulic Shoring means a pre-engineered shoring system com- prised of aluminum hydraulic cylinders (crossbraces) used in conjunction with vertical rails (uprights) or horizontal rails (walers). Such system is designed, specifically to support the sidewalls of an excavation and prevent cave-ins. Bell-bottom pier hole means a type of shaft or footing excavation, the bottom of which is made larger than the cross section above to form a belled shape. Benching (Benching system) means a method of protecting employees from cave-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. be- tween levels. Cave-in means the separation of a mass of soil or rock material from the side of an excavation, or the loss of soil from under a trench shield or support system, and its sudden movement into the excavation, either by falling or sliding, in sufficient quantity so that it could entrap, bury, or otherwise injure and immobilize a person. Competent person means one who is capable of identifying existing and pre- dictable hazards in the surroundings, or working conditions which are unsan- itary, hazardous, or dangerous to em- ployees, and who has authorization to take prompt corrective measures to eliminate them. Cross braces mean the horizontal members of a shoring system installed perpendicular to the sides of the exca- vation, the ends of which bear against either uprights or wales. C 369 I I § 1926.650 Excavation means any man-made cut cavity, trench, or depression in an earth surface, formed by earth re- moval. Faces or sides means the vertical or inclined earth surfaces formed as a re- sult of excavation work. Failure means the breakage, displace- ment, or permanent deformation of a structural member or connection so as to reduce its structural integrity and its supportive capabilities. Hazardous atmosphere means an at- mosphere which by reason of being ex- plosive, flammable, poisonous, corro- sive, oxidizing, irritating, oxygen defi- cient, toxic, or otherwise harmful, may cause death, illness, or injury. Kickout means the accidental release or failure of a cross brace. Protective system means a method of protecting employees from cave-ins, from material that could fall or roll from an excavation face or into an ex- cavation, or from the collapse of adja- cent structures. Protective systems In- clude support systems, sloping and benching systems, shield systems, and other systems that provide the nec- essary protection. Ramp means an inclined walking or working surface that is used to gain ac- cess to one point from another, and is constructed from earth or from struc- tural materials such as steel or wood. Registered Professional Engineer means a person who is registered as a profes- sional engineer in the state where the work is to be performed. However, a professional engineer, registered in any state is deemed to be a "registered pro- fessional engineer" within the meaning of this standard when approving de- signs for "manufactured protective sys- tems" or "tabulated data" to be used in interstate commerce. Sheeting means the members of a shoring system that retain the earth in position and in turn are supported by other members of the shoring system. Shield (Shield system) means a struc- ture that is able to withstand the forces imposed on it by a cave-in and thereby protect employees within the structure. Shields can be permanent structures or can be designed to be portable and moved along as work pro- gresses. Additionally, shields can be ei- ther premanufactured or job -built in 29 CFR Ch. XVII (7-1-04 Edition) accordance with §1926.652 (c)(3) or (c)(4). Shields used in trenches are usu- ally referred to as "trench boxes" or "trench shields." Shoring (Shoring system) means a structure such as a metal hydraulic, mechanical or timber shoring system that supports the sides of an exca- vation and which is designed to prevent cave-ins. Sides. See "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 dif- ferences in such factors as the soil type, environmental conditions of ex- posure, and application of surcharge loads. Stable rock means natural solid min- eral material that can be excavated with vertical sides and will remain in- tact while exposed. Unstable rock is considered to be stable when the rock material on the side or sides of the ex- cavation is secured against caving -in or movement by rock bolts or by an- other protective system that has been designed by a registered professional engineer. Structural ramp means a ramp built of steel or wood, usually used for vehicle access. Ramps made of soil or rock are not considered structural ramps. Support system means a structure such as underpinning, bracing, or shor- ing, which provides support to an adja- cent structure, underground installa- tion, or the sides of an excavation. Tabulated data means tables and charts approved by a registered profes- sional engineer and used to design and construct a protective system. Trench (Trench excavation) means a narrow excavation (in relation to its length) made below the surface of the ground. 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 con- structed in an excavation so as to re- duce the dimension measured from the forms or structure to the side of the ex- cavation to 15 feet (4.6 m) or less I I [1 .1 I I I I I I I I H I 370 I I I I I I I I H I CI L I I Occupational Safety and Health Admin., Labor (measured at the bottom of the exca the excavation is also consid to be a trench. Trench box. See "Shield." Trench shield. See "Shield." Uprights means the vertical member of a trench shoring system placed i contact with the earth and usually po sitioned so that individual members d not contact each other. Upright 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 require- ments. (a) Surface encumbrances. All surface encumbrances that are located so as to create a hazard to employees shall be removed or supported, as necessary, to safeguard employees. (b) Underground installations. (1) The estimated location of utility installa- tions, such as sewer, telephone, fuel, electric, water lines, or any other un- derground installations that reason- ably may be expected to be encoun- tered during excavation work, shall be determined prior to opening an exca- vation. (2) Utility companies or owners shall be contacted within established or cus- tomary local response times, advised of the proposed work, and asked to estab- lish the location of the utility under- ground installations prior to the start of actual excavation. When utility companies or owners cannot respond to a request to locate underground utility installations within 24 hours (unless a longer period is required by state or local law), or cannot establish the exact location of these installations, the employer may proceed, provided the employer does so with caution, and provided detection equipment or other acceptable means to locate utility in- stallations are used. (3) When excavation operations ap- proach the estimated location of under- ground installations, the exact loca- tion of the installations shall be deter- mined by safe and acceptable means. § 1926.651 a- (4) While the excavation is open, dun- derground installations shall be pro- tected, supported or removed as nec- essary to safeguard employees. (c) Access and egress —(l) Structural s ramps. (1) Structural ramps that are n used solely by employees as a means of access or egress from excavations shall o be designed by a competent person. s Structural ramps used for access or egress of equipment shall be designed by a competent person qualified in structural design, and shall be con- structed in accordance with the design. (ii) Ramps and runways constructed of two or more structural members shall have the structural members con- nected together to prevent displace- ment. (iii) Structural members used for ramps and runways shall be of uniform thickness. (iv) Cleats or other appropriate means used to connect runway struc- tural members shall be attached to the bottom of the runway or shall be at- tached in a manner to prevent tripping. (v) Structural ramps used in lieu of steps shall be provided with cleats or other surface treatments on the top surface to prevent slipping. (2) Means of egress from trench exca- vations. A stairway,. ladder, ramp or other safe means of egress shall be lo- cated in trench excavations that are 4 feet (1.22 m) or more in depth so as to require no more than 25 feet (7.62 m) of lateral travel for employees. (d) Exposure to vehicular traffic. Em- ployees exposed to public vehicular traffic shall be provided with, and shall wear, warning vests or other suitable garments marked with or made of reflectorized or high -visibility mate- rial. (e) Exposure to falling loads. No em- ployee shall be permitted underneath .loads handled by lifting or digging equipment. Employees shall be re- quired to stand away from any vehicle being loaded or unloaded to avoid being struck by any spillage or falling mate- rials. Operators may remain in the cabs of vehicles being loaded or un- loaded when the vehicles are equipped, in accordance with §1926.601(b)(6), to provide adequate protection for the op- erator during loading and unloading operations. I 371 I .1 § 1926.651 (f) Warning system for mobile equip- ment. When mobile equipment is oper- ated adjacent to an excavation, or when such equipment is required to ap- proach the edge of an excavation, and the operator does not have a clear and direct view of the edge of the exca- vation, a warning system shall be uti- lized such as barricades, hand or me- chanical signals, or stop logs. If pos- sible, the grade should be away from the excavation. (g) Hazardous atmospheres --(1) Testing and controls. In addition to the require- ments set forth in subparts D and E of this part (29 CFR 1926.50-1926.107) to prevent exposure to harmful levels of atmospheric contaminants and to as- sure acceptable atmospheric condi- tions, the following requirements shall apply: (i) Where oxygen deficiency (atmospheres containing less than 19.5 percent oxygen) or a hazardous atmos- phere exists or could reasonably be ex- pected to exist, such as in excavations in landfill areas or excavations in areas where hazardous substances are stored nearby, the atmospheres in the exca- vation shall be tested before employees enter excavations greater than 4 feet (1.22 m) in depth. (ii) Adequate precautions shall be taken to prevent employee exposure to atmospheres containing less than 19.5 percent oxygen and other hazardous atmospheres. These precautions in- clude providing proper respiratory pro- tection or ventilation in accordance with subparts D and E of this part re- spectively. (iii) Adequate precaution shall be taken such as providing ventilation, to prevent employee exposure to an at- mosphere containing a concentration of a flammable gas in excess of 20 per- cent of the lower flammable limit of the gas. (iv) When controls are used that are intended to reduce the level of atmos- pheric contaminants to acceptable lev- els, testing shall be conducted as often as necessary to ensure that the atmos- phere remains safe (2) Emergency rescue equipment. (i) Emergency rescue equipment, such as breathing apparatus, a safety harness and line, or a basket stretcher, shall be readily available where hazardous at - 29 CFR Ch. XVII (7-1-04 Edition) • mospheric conditions exist or may rea- sonably be expected to develop during work in an excavation. This equipment shall be attended when in use. (ii) Employees entering bell-bottom pier holes, or other similar deep and confined footing excavations, shall wear a harness with a life -line securely attached to it. The lifeline shall be sep- arate from any line used to handle ma- terials, and shall be individually at- tended at all times while the employee wearing the lifeline is in the exca- vation. (h) Protection from hazards associated with water accumulation. (1) Employees shall not work in excavations in which there is accumulated water, or in exca- vations in which water is accumu- lating, unless adequate precautions have been taken to protect employees against the hazards posed by water ac- cumulation. The precautions necessary to protect employees adequately vary with each situation, but could include special support or shield systems to protect from cave-ins, water removal to control the level of accumulating water, or use of a safety harness and lifeline. (2) If water is controlled or prevented from accumulating by the use of water removal equipment, the water removal equipment and operations shall be monitored by a competent person to ensure proper operation. (3) If excavation work interrupts the natural drainage of surface water (such as streams), diversion ditches, dikes, or other suitable means shall be used to prevent surface water from entering the excavation and to provide adequate drainage of the area adjacent to the ex- cavation. Excavations subject to runoff from heavy rains will require an in- spection by a competent person and compliance with paragraphs (h)(1) and (h) (2) of this section. (f) Stability of adjacent structures. (1) Where the stability of adjoining build- ings, walls, or other structures is en- dangered by excavation operations, support systems such as shoring, brac- ing, or underpinning shall be provided to ensure the stability of such struc- tures for the protection of employees. (2) Excavation below the level of the base or footing of any foundation or re- taining wall that could be reasonably I L I I I I I I I I L r I L] I 372 El I I I I I I [.I I I [1 I Li I Occupational Safety and Health Admin., Labor expected to pose a hazard to employees shall not be permitted except when: (i) A support system, such as under- pinning, is provided to ensure the safe- ty of employees and the stability of the structure: or (ii) The excavation is in stable rock; or (iii) A registered professional engi- neer has approved the determination that the structure is sufficently re- moved from the excavation so as to be unaffected by the excavation activity; or (iv) A registered professional engi- neer has approved the determination that such excavation work will not pose a hazard to employees. (3) Sidewalks. pavements, and appur- tenant structure shall not be under- mined unless a support system or an- other method of protection is provided to protect employees from the possible collapse of such structures. ()) Protection of employees from loose rock or soil. (1) Adequate protection shall be provided to protect employees from loose rock or soil that could pose a hazard by falling or rolling from an excavation face. Such protection shall consist of scaling to remove loose ma- terial; installation of protective barri- cades at intervals as necessary on the face to stop and contain falling mate- rial: or other means that provide equiv- alent protection. (2) Employees shall be protected from excavated or other materials or equip- ment that could pose a hazard by fall- ing or rolling into excavations. Protec- tion shall be provided by placing and keeping such materials or equipment at least 2 feet (.61 m) from the edge of excavations, or by the use 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. (1) Daily inspections of excavations, the adjacent areas, and protective systems shall be made by a competent person for evidence of a sit- uation that could result in possible cave-ins, indications of failure of pro- tective systems, hazardous atmospheres, or other hazardous condi- tions. An inspection shall be conducted by the competent person prior to the start of work and as needed throughout § 1926.652 the shift. Inspections shall also be made after every rainstorm or other hazard increasing occurrence. These in- spections are only required when em- ployee exposure can be reasonably an- ticipated. (2) Where the competent person finds evidence of a situation that could re- sult in a possible cave-in, indications of failure of protective systems, haz- ardous atmospheres, or other haz- ardous conditions, exposed employees shall be removed from the hazardous area until the necessary precautions have been taken to ensure their safety. (1) Walkways shall be provided where employees or equipment are required or permitted to cross over excavations. Guardrails which comply with §1926.502(b) shall be provided where walkways are 6 feet (1.8 m) or more above lower levels. [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 exca- vations. (1) Each employee in an exca- vation shall be protected from cave-ins by an adequate protective system de- signed in accordance with paragraph (b) or (c) of this section except when: (i) Excavations are made entirely in stable rock; or (ii) Excavations are less than 5 feet (1.52m) in depth and examination of the ground by a competent person provides no indication of a potential cave-in. (2) Protective systems shall have the capacity to resist without failure all loads that are intended or could rea- sonably be expected to be applied or transmitted to the system. (b) Design of sloping and benching sys- tems. The slopes and configurations of sloping and benching systems shall be selected and constructed by the em- ployer or his designee and shall be in accordance with the requirements of paragraph (b) (1); or, in the alternative, paragraph (b)(2); or, in the alternative, paragraph (b)(3), or, in the alternative, paragraph (b)(4), as follows: (1) Option (I) Allowable configurations and slopes. (i) Excavations shall be sloped at an angle not steeper than one and one-half horizontal to one vertical I I I § 1926.652 29 CFR Ch. XVII (7-1-04 Edition) ' (34 degrees measured from the hori- (B) The configurations that were de- zontal), unless the employer uses one termined to be safe for the particular of the other options listed below, project; and ' (ii) Slopes specified in paragraph (C) The identity of the registered pro- (b)(l)(i) of this section, shall be exca- fessional engineer approving the de- vated to form configurations that are sign. in accordance with the slopes shown (iii) At least one copy of the design , for Type C soil in Appendix B to this shall be maintained at the jobsite subpart. while the slope is being constructed. (2) Option (2) —Determination of slopes After that time the design need not be , and configurations using Appendices A at the jobsite, but a copy shall be made and B. Maximum allowable slopes, and available to the Secretary upon re - allowable configurations for sloping quest. and benching systems, shall be deter- (c) Design of support systems, shield , tems, and other protective systems mined in accordance with the condi- systems, and other protective systems. De- tions and requirements set forth in ap- signs of support systems shield sys- pendices A and B to this subpart. (3) Option (3) —Designs using other tab- shall be selected and constructed by ulated data. the employer or his designee and shall ' (1) Designs of sloping or be in accordance with the requirements benching systems shall be selected of --paragraph alter - from and be in accordance with tab- (ph ( or, in r thethe al- ulated data, such as tables and charts. ternati e,pparagraph rah ( (c)(3); or, in hhe ternative, or, in the (ii) The tabulated data shall be in alternative, paragraph (c)(4) as follows: ' written form and shall include all of (1) Option (1) —Designs using appen- the following: dices A, C and D. Designs for timber (A) Identification of the parameters shoring in trenches shall be determined ' that affect the selection of a sloping or in accordance with the conditions and benching system drawn from such data; requirements set forth in appendices A (B) Identification of the limits of use and C to this subpart. Designs for alu- of the data, to include the magnitude minum hydraulic shoring shall be in ' and configuration of slopes determined accordance with paragraph (c) (2) of this to be safe; section, but if manufacturer's tab - (C) Explanatory information as may ulated data cannot be utilized, designs be necessary to aid the user in making shall be in accordance with appendix D. ' a correct selection of a protective sys- (2) Option (2) —Designs Using Manufac- tem from the data. turer's Tabulated Data. (f) Design of sup - (iii) At least one copy of the tab- port systems, shield systems, or other ' ulated data which identifies the reg- protective systems that are drawn istered professional engineer who ap- from manufacturer's tabulated data proved the data, shall be maintained at shall be in accordance with all speci- the jobsite during construction of the fications, recommendations, and limi- protective , system. After that time the tations issued or made by the manufac- data may be stored off the jobsite, but turer. a copy of the data shall be made avail- (ii) Deviation from the specifications, recommendations, and limitations able to the Secretary upon request. issued or made by the manufacturer ' (4) Option (4) —Design by a registered shall only be allowed after the manu- professional engineer. (i) Sloping and facturer issues specific written ap- benching systems not utilizing Option proval. (1) or Option (2) or Option (3) under ' (iii) Manufacturer's specifications, paragraph (b) of this section shall be recommendations, and limitations, and approved by a registered professional manufacturer's approval to deviate engineer, from the specifications, recommenda- (ii) Designs shall be in written form tions, and limitations shall be in writ - and shall include at least the following: ten form at the jobsite during con - (A) The magnitude of the slopes that struction of the protective system. were determined to be safe for the par- After that time this data may be ticular project: stored off the jobsite, but a copy shall 374 I I Occupational Safety and Health Admin., Labor § 1926.652 be made available to the Secretary net that is consistent with the rec- upon request. ommendations of the manufacturer, ' (3) Option (3) —Designs using other tab- and in a manner that will prevent em- ulated data. (i) Designs of support sys- ployee exposure to hazards. tems, shield systems, or other protec- (3) When material or equipment that tive systems shall be selected from and is used for protective systems is dam- , be in accordance with tabulated data, aged, a competent person shall exam - such as tables and charts. ine the material or equipment and (ii) The tabulated data shall be in evaluate its suitability for continued written form and include all of the fol- use. If the competent person cannot as- ' lowing: sure the material or equipment is able (A) Identification of the parameters to support the intended loads or is oth- that affect the selection of a protective erwise suitable for safe use, then such system drawn from such data; material or equipment shall be re- (B) Identification of the limits of use moved from service, and shall be evalu- of the data; ated and approved by a registered pro - (C) Explanatory information as may fessional engineer before being re - be necessary to aid the user in making turned to service. ' a correct selection of a protective sys- (e) Installation and removal of sup- tem from the data. port —(1) General. (i) Members of sup - (iii) At least one copy of the tab- port systems shall be securely con- ulated data, which identifies the reg- netted together to prevent sliding,fall- ' istered professional engineer who ap- ing, kickouts, or other predictable fail - proved the data, shall be maintained at ure. the jobsite during construction of the (ii) Support systems shall be in - protective system. After that time the stalled and removed in a manner that data may be stored off the jobsite, but protects employees from cave-ins, a copy of the data shall be made avail- structural collapses, or from being able to the Secretary upon request. struck by members of the support sys- (4) Option (4) —Design by a registered tem. ' professional engineer. (i) Support sys- (iii) Individual members of support tems, shield systems, and other protec- systems shall not be subjected to loads tive systems not utilizing Option 1. Op- exceeding those which those members Lion .2 or Option 3, above, shall be ap- were designed to withstand. proved by a registered professional en- (iv) Before temporary removal of in- gineer. dividual members begins, additional (ii) Designs shall be in written form precautions shall be taken to ensure and shall include the following: the safety of employees, such as in- ' (A) A plan indicating the sizes, types, stalling other structural members to and configurations of the materials to carry the loads imposed on the support be used in the protective system; and system. (B) The identity of the registered (v) Removal shall begin at, and ' professional engineer approving the de- progress from, the bottom of the exca- sign. vation. Members shall be released slow - (iii) At least one copy of the design ly so as to note any indication of pos- shall be maintained at the jobsite dur- sible failure of the remaining members ' ing construction of the protective sys- of the structure or possible cave-in of tem. After that time, the design may the sides of the excavation. be stored off the jobsite, but a copy of (vi) Backfilling shall progress to - the design shall be made available to gether with the removal of support sys- , the Secretary upon request. tems from excavations. . (d) Materials and equipment. (1) Mate- (2) Additional requirements for support rials and equipment used for protective systems for trench excavations. (i) Exca- systems shall be free from damage or vation of material to a level no greater ' defects that might impair their proper than 2 feet (.61 m) below the bottom of function. the members of a support system shall (2) Manufactured materials and be permitted, but only if the system is equipment used for protective systems designed to resist the forces calculated 'shall be used and maintained in a man- for the full depth of the trench, and 375 ri I I Pt. 1926, Subpt. P, App. A there are no indications while the trench is open of a possible loss of soil from behind or below the bottom of the support system. (ii) Installation of a support system shall be closely coordinated with the excavation of trenches. (f) Sloping and benching systems. Em- ployees shall not be permitted to work on the faces of sloped or benched exca- vations at levels above other employ- ees 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 sys- tem was designed to withstand. (ii) Shields shall be installed in a manner to restrict lateral or other haz- ardous movement of the shield in the event of the application of sudden lat- eral loads. (iii) Employees shall be protected from the hazard of cave-ins when enter- ing or exiting the areas protected by shields. (iv) Employees shall not be allowed in shields when shields are being in- stalled, removed, or moved vertically. (2) Additional requirement for shield systems used in trench excavations. Exca- vations of earth 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 re- sist the forces calculated for the full depth of the trench, and there are no indications while the trench is open of a possible loss of soil from behind or below the bottom of the shield. APPENDIX A TO SUBPART P 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 envi- ronmental conditions, and on the structure and composition of the earth deposits. The appendix contains definitions, sets forth re- quirements, and describes acceptable visual and manual tests for use in classifying soils. (2) Application. This appendix applies when a sloping or benching system is designed in accordance with the requirements set forth in §1926.652(b)(2) as a method of protection for employees from cave-ins. This appendix also applies when timber shoring for exca- vations is designed as a method of protection from cave-ins in accordance with appendix C 29 CFR Ch. XVII (7-1-04 Edition) to subpart P of part 1926, and when alu- minum hydraulic shoring is designed in ac- cordance with appendix D. This Appendix also applies if other protective systems are designed and selected for use from data pre- pared in accordance with the requirements set forth in §)926.652(c), and the use of the data is predicated on the use of the soil clas- sification system set forth in this appendix. (b) Definitions. The definitions and exam- ples given below are based on, in whole or in part, the following: American Society for Testing Materials (ASTM) Standards D653-85 and D2488; The Unified Soils 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 par- ticles are held together by a chemical agent, such as calcium carbonate, such that a hand - size sample cannot be crushed into powder or individual soil particles by finger pressure. Cohesive soil means clay (fine grained soil), or soil with a high clay content, which has cohesive strength. Cohesive soil does not crumble, can be excavated with vertical sideslopes, and is plastic when moist. Cohe- sive soil Is hard to break up when dry, and exhibits significant cohesion when sub- merged. Cohesive soils include clayey silt, sandy clay, silty clay, clay and organic clay. Dry soil means soil that does not exhibit visible signs of moisture content. Fissured means a soil material that has a tendency to break along definite planes of fracture with little resistance, or a material that exhibits open cracks, such as tension cracks, in an exposed surface. Granular soil means gravel, sand, or silt, (coarse grained soil) with little or no clay content. Granular soil has no cohesive strength. Some moist granular soils exhibit apparent cohesion. Granular soil cannot be molded when moist and crumbles easily when dry. Layered system means two or more dis- tinctly different soil or rock types arranged in layers. Micaceous seams or weakened planes In rock or shale are considered lay- ered. Moist soil means a condition in which a soil looks and feels damp. Moist cohesive soil can easily be shaped into a ball and rolled into small diameter threads before crumbling. Moist granular soil that contains some cohe- sive material will exhibit signs of cohesion between particles. Plastic means a property of a soil which al- lows the soil to be deformed or molded with- out cracking, or appreciable volume change. Saturated soil means a soil in which the voids are filled with water. Saturation does not require now. Saturation, or near satura- tion, is necessary for the proper use of in- struments such as a pocket penetrometer or sheer vane. I I 1.1 LI Ii I L1 I I I C I LI I 376 I I I I I I I I I I [I ICJ l; I I Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. A Soil classification system means, for the pur of this subpart, a method of categ rizing soil and rock deposits in a hierarch of Stable Rock, Type A, Type B, and Type in decreasing order of stability. The cat egories are determined based on an analysi of the properties and performance character istics of the deposits and the environmenta conditions of exposure. Stable rock means natural solid miners matter that can be excavated with vertical sides and remain intact while exposed. Submerged soil means soil which is under- water or is free seeping. Type A means cohesive soils with an unconfined compressive strength of 1.5 ton per square foot (tsf) (144 kPa) or greater. Ex- amples of cohesive soils are: clay, silty clay, sandy clay, clay loam and, in some cases, silty clay loam and sandy clay loam. Ce- mented soils such as caliche and hardpan are also considered Type A. However, no soil is Type A if: (f) The soil is fissured; or (ii) The soil is subject to vibration from heavy traffic, pile driving, or similar effects; or (iii) The soil has been previously disturbed; or (iv) The soil is part of a sloped, layered system where the layers dip into the exca- vation on a slope of four 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 com- pressive strength greater than 0.5 tsf (48 kPa) but less than 1.5 tsf (144 kPa); or (ii) Granular cohesionless soils including: angular gravel (similar to crushed rock), silt, silt loam, sandy loam and, in some cases, silty clay loam and sandy clay loam. (iii) Previously disturbed soils except those which would otherwise be classed as Type C soil. (iv) Soil that meets the unconfined com- pressive strength or cementation require- ments for Type A. but is fissured or subject to vibration; or (v) Dry rock that is not stable; or (vi) Material that is part of a sloped, lay- ered system where the layers dip into the ex- cavation on a slope less steep than four hori- zontal 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 com- pressive strength of 0.5 tsf (48 kPa) or less; or (ii) Granular soils including gravel, sand, and loamy sand; or (iii) Submerged soil or soil from which water is freely seeping; or (iv) Submerged rock that is not stable, or C r- (v) Material in a sloped, layered system o- where the layers dip into the excavation or a y slope of four horizontal to one vertical (4H:IV) or steeper. Unconfined compressive strength means. the s load per unit area at which a soil will fail in compression. It can be determined by labora- tory testing, or estimated in the field using a pocket penetrometer, by thumb penetra- tion 1 tests, and other methods. Wet soil means soil that contains signifi- cantly more moisture than moist soil, but in such a range of values that cohesive material will slump or begin to flow when vibrated. Granular material that would exhibit cohe- sive properties when moist will lose those co- hesive properties when wet. (c) Requirements —(1) Classification of soil and rock deposits. Each soil and rock deposit shall be classified by a 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 re- sults of at least one visual and at least one manual analysis. Such analyses shall be con- ducted by a competent person using tests de- scribed in paragraph (d)below. or in other recognized methods of soil classification and testing such as those adopted by the Amer- ica Society for Testing Materials, or the U.S. Department of Agriculture textural classi- fication system. (3) Visual and manual analyses. The visual and manual analyses, such as those noted as being acceptable in paragraph (d) of this ap- pendix, shall be designed and conducted to provide sufficient quantitative and quali- tative information as may be necessary to identify properly the properties, factors, and conditions affecting the classification of the deposits. (4) Layered systems. In a layered system, the system shall be classified in accordance with its weakest layer. However, each layer may be classified individually where a more stable layer lies under a less stable layer. (5) Reclassification. If, after classifying a de- posit, the properties, factors, or conditions affecting its classification change in any way, the changes shall be evaluated by a competent person. The deposit shall be re- classified as necessary to reflect the changed circumstances. (d) Acceptable visual and manual tests. —(1) Visual tests. Visual analysis is conducted to determine qualitative information regarding the excavation site in general, the soil adja- cent to the excavation, the soil forming the sides of the open excavation, and the soil taken as samples from excavated material. (1) Observe samples of soil that are exca- vated and soil in the sides of the excavation. Estimate the range of particle sizes and the relative amounts of the particle sizes. Soil that is primarily composed of fine-grained II 377 I I Pt. 1926, Subpt. P, App. B material is cohesive material. Soil composed primarily of coarse -grained sand or gravel is granular material. (ii) Observe soil as it is excavated. Soil that remains in clumps when excavated is cohesive. Soil that breaks up easily and does not stay in clumps is granular. (iii) Observe the side of the opened exca- vation and the surface area adjacent to the excavation. Crack -like openings such as ten- sion cracks could indicate fissured material. If chunks of soil spall off a vertical side, the soil could be fissured. Small spalls are evi- dence of moving ground and are indications of potentially hazardous situations. (iv) Observe the area adjacent to the exca- vation and the excavation itself for evidence of existing utility and other underground structures, and to identify previously dis- turbed soil. (v) Observe the opened side of the exca- vation to identify layered systems. Examine layered systems to identify if the layers slope toward the excavation. Estimate the degree of slope of the layers. (vi) Observe the area adjacent to the exca- vation and the sides of the opened exca- vation for evidence of surface water, water seeping from the sides of the excavation, or the location of the level of the water table. (vii) Observe the area adjacent to the exca- vation and the area within the excavation for sources of vibration that may affect the stability of the excavation face. (2) Manual tests. Manual analysis of soil samples is conducted to determine quan- titative 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 IA -inch in diameter. Cohe- sive material can be successfully rolled into threads without crumbling. For example, if at least a two inch (50 mm) length of ¼-inch thread can be held on one end without tear- ing, the soil is cohesive. (ii) Dry strength. If the soil is dry and crumbles on its own or with moderate pres- sure into individual grains or fine powder, it is granular (any combination of gravel, sand, or silt). If the soil is dry and falls into clumps which break up into smaller clumps. but the smaller clumps can only be broken up with difficulty, it may be clay in any combination with gravel, sand or silt. If the dry soil breaks into clumps which do not break up into small clumps and which can only be broken with difficulty, and there is no visual indication the soil is fissured, the soil may be considered unfissured. (iii) Thumb penetration. The thumb penetra- tion test can be used to estimate the unconfined compressive strength of cohesive soils. (This test is based on the thumb pene- tration test described in American Society for Testing and Materials (ASTM) Standard 29 CFR Ch. XVII (7-1-04 Edition) designation D2488 —"Standard Recommended Practice for Description of Soils (Visual — Manual Procedure).") Type A soils with an unconfined compressive strength of 1.5 tsf can be readily indented by the thumb; how- ever, they can be penetrated by the thumb only with very great effort. Type C soils with an unconfined compressive strength of 0.5 tsf can be easily penetrated several inches by the thumb, and can be molded by light finger pressure. This test should be conducted on an undisturbed soil sample, such as a large clump of spoil, as soon as practicable after excavation to keep to a miminum the effects of exposure to drying influences. If the exca- vation 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 pene- trometer or by using a hand -operated shearvane. (v) Drying test. The basic purpose of the drying test is to differentiate between cohe- sive material with fissures, unfissured cohe- sive material, and granular material. The procedure for the drying test involves drying a sample of soil that is approximately one inch thick (2.54 cm) and six inches (15.24 cm) in diameter until it is thoroughly dry: (A) If the sample develops cracks as it dries, significant fissures.are indicated. (B) Samples that dry without cracking are to be broken by hand. If considerable force is necessary to break a sample, the soil has sig- nificant cohesive material content. The soil can be classified as a unfissured cohesive ma- terial and the unconfined compressive strength should be determined. (C) If a sample breaks easily by hand, it is either a fissured cohesive material or a granular material. To distinguish between the two, pulverize the dried clumps of the sample by hand or by stepping on them. If the clumps do not pulverize easily, the mate- rial is cohesive with fissures. If they pul- verize easily into very small fragments, the material is granular. 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 bench- ing protective systems is to be performed in accordance with the requirements set forth in § 1926.652(b) (2). (b) Definitions. Actual slope means the slope to which an excavation face is excavated. Distress means that the soil is in a condi- tion where a cave-in is imminent or is likely I C I I I I I I I I H I I] I OR L I I I I I I I I I I I I I I I I I I [1 Occupational Safety and Health Admin., Labor to occur. Distress is evidenced by such phe- nomena as the development of fissures in the face of or adjacent to an open excavation; the subsidence of the edge of an excavation; the slumping of material from the face or the bulging or heaving of material from the bottom of an excavation; the spalling of ma- terial 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 exca- vation and trickling or rolling down into the excavation. Maximum allowable slope means the steep- est incline of an excavation face that is ac- ceptable for the most favorable site condi- tions as protection against cave-ins, and is expressed as the ratio of horizontal distance to vertical rise (H:V). Short term exposure means a period of time less than or equal to 24 hours that an exca- vation is open. (c) Requirements —(1) Soil classification. Soil and rock deposits shall be classified in ac- cordance with appendix A to subpart P of part 1926. Pt. 1926, Subpt. P, App. B (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 ac- tual slope which is at least ½ horizontal to one vertical (½H:IV) less steep than the maximum allowable slope. (iii) When surcharge loads from stored ma- terial or equipment, operating equipment, or traffic are present, a competent person shall determine the degree to which the actual slope must be reduced below the maximum allowable slope, and shall assure that such reduction is achieved. Surcharge loads from adjacent structures shall be evaluated in ac- cordance with § 1926.651(1). (4) Configurations. Configurations of slop- ing and benching systems shall be in accord- ance with Figure B-1. TABLE B-1 MAXIMUM ALLOWABLE SLOPES SOIL OR ROCK TYPE MA'(IMUM ALLOWABLE SLOPES(H:V)C�1 FOR EXCAVATIONS LESS THAN 20 FEET STABLE ROCK VERTICAL (909 TYPE A [2] 3/4:1 (539 TYPE B 1:1 (459 TYPE C 1i:1 (349 NOTES: 1. Numbers shown in parentheses next to maximum allowable slopes are angles expressed in degrees from the horizontal. Angles have been rounded off. - - - A short-term maximum allowable slope of 1/2H:1V (63°) is allowed in excavations in Type A soil that are 12 feet (3.67 m) or less in depth. Short-term maximum allowable slopes for excavations greater than 12 feet (3.67 m) in depth shall be 3/4H:IV (53°). 3. Sloping or benching for excavations greater than 20 feet deep shall be designed by a registered professional engineer. 379 Pt. 1926, Subpt. P, App. B 29 CFR Ch. XVII (7-1-04 Edition) Figure B-1 Slope Configurations (All slopes stated below are in the horizontal to vertical ratio) B-1.1 Excavations made in Type A soil. 1. All simple slope excavation 20 feet or less in depth shall have a maximum allowable slope of 3/4:1. 20' Max. AI 3/4 SIMPLE SLOPE —GENERAL Exception: Simple slope excavations which are open 24 hours or less (short term) and which are 12 feet or less In depth shall have a maximum allowable slope of 'h:l. 12' Max. 1 1/2 SIMPLE SLOPE —SHORT TERM 2. All benched excavations 20 feet or less in depth shall have a maximum allowable slope of 3/4 to 1 and maximum bench dimensions as follows: i:l I 1 1 1 1 I 1 1 1 1 Occupational Safety and Health Admin., Labor SIMPLE BENCH Pt. 1926, Subpt. P, App. B / / 20' Max. ' 1 Max. 4' Max. Lj// MULTIPLE BENCH 3. All excavations 8 feet or less in depth which have unsupported vertically sided lower por- tions shall have a maximum vertical side of 3'h feet. 8' Max. 3/4 ).y3k'ax. 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 3½ feet. 381 I Pt. 1926, Subpt. P, App. B 29 CFR Ch. XVII (7-1-04 Edition) UNSUPPORTED VERTICALLY SIDED LOWER PORTION -MAXIMUM 12 FEET IN DEPTH Al] 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/a:l. The support or shield sys- tem must extend at least 18 inches above the top of the vertical side. vertical side Li I I I 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 1. All simple slope excavations 20 feet or less in depth shall have a maximum allowable slope of 1:1. SIMPLE SLOPE 2. All benched excavations 20 feet or less in depth shall have a maximum allowable slope of 1:1 and maximum bench dimensions as follows: I I I I I I 382 , S Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. B This bench allowed in cohesive soil only. 20' 4' SINGLE BENCH This bench allowed in cohesive soil only i i i 20' Max. 4' 1 Max. i 4' Max. 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 system 20' Max. 1 1 V Min. Total height 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). B-1.3 EXCAVATIONS MADE IN TYPE C SOIL 1. All simple slope excavations 20 feet or less in depth shall have a maximum allowable slope of 1'h:l. I .1 Pt. 1926, Subpt. P, App. B ?OMax. 29 CFR Ch. XVII (7-1-04 Edition) I I 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 I½:l. 20' Max. Support or shield system I 18" 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). I I I I I B-1.4 Excavations Made in Layered Soils 1. All excavations 20 feet or less in depth made in layered soils shall have a maximum al- lowable slope for each layer as set forth below. I I I L I 384 I. 1 ' Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. B B / IL A � I ' 3/4 d OVER .\ ' C t A/71 7/4 C OVER A ' /L L4 i B /I I ' C OVER d I. 1 1 385 I I Pt. 1926, Subpt. P, App. C A OVER S A OVER C 29 CFR Ch. XVII (7-1-04 Edition) I c A I lk c 4 I B OVER C 2. All other sloped excavations shall be in accordance with the other options permitted in § 1926.652(b). APPENDIX C TO SUBPART P OF PART 1926 -TIMBER SHORING FOR TRENCHES (a) Scope. This appendix contains informa- tion that can be used timber shoring is pro- vided as a method of protection from cave- ins in trenches that do not exceed 20 feet (6.1 m) in depth. This appendix must be used when design of timber shoring protective systems is to be performed in accordance with § 1926.652(c)(1). Other timber shoring configurations: other systems of support such as hydraulic and pneumatic systems: and other protective systems such as slop- ing, benching, shielding, and freezing sys- tems must be designed in accordance with the requirements set forth in §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 clas- sification method set forth in appendix A of subpart P of this part. (c) Presentation of Information. Information is presented in several forms as follows: (1) Information is presented in tabular form in Tables C-1.1, C-1.2, and C-1.3, and Ta- bles C-2.1, C-2.2 and C-2.3 following para- graph (g) of the appendix. Each table pre- sents the minimum sizes of timber members to use in a shoring system, and each table contains data only for the particular soil type in which the excavation or portion of I H I I H I I I I U I I I 386 H I I H I I I I I I I I I I I I I Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. C the excavation is made. The data are ar- ranged to allow the user the flexibility to se- lect from among several acceptable configu- rations 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 appen- dix, 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 (I) of this appendix. (5) Miscellaneous notations regarding Ta- bles C-1.1 through C-1.3 and Tables C-2.1 through C-2.3 are presented In paragraph (g) of this Appendix. (d) Basis and limitations of the data. —(1) Di- mensions 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, "Rec- ommended Technical Provisions for Con- struction 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 ex- isting codes and on empirical practice. (ii) The required dimensions of the mem- bers listed in Tables C-1.1 through C-1.3 refer to actual dimensions and not nominal di- mensions of the timber. Employers wanting to use nominal size shoring are directed to Tables C-2.1 through C-2.3, or have this choice under §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 in- tended that the timber shoring specification apply to every situation that may be experi- enced 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 situa- tions 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 ta- bles are not considered adequate. Either an alternate timber shoring system must be de- signed 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 s 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 z the depth of the trench. (B) When vertical loads imposed on cross braces exceed a 240 -pound gravity load dis- tributed 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 shor- ing system that are to be selected using this information are the cross, braces, the uprights, and the wales, where wales are re- quired. Minimum sizes of members are speci- fied for use in different types of soil. There are six tables of information, two for each soil type. The soil type must first be deter- mined in accordance with the soil classifica- tion system described in appendix A to sub- part P of part 1926. Using the appropriate table, the selection of the size and spacing of the members is then made. The selection is based on the depth and width of the trench where the members are to be installed and, in most instances, the selection is also based on the horizontal spacing of the crossbraces. Instances where a choice of horizontal spac- ing of crossbracing is available, the hori- zontal spacing of the crossbraces must be chosen by the user before the size of any member can be determined. When the soil type, the width and depth of the trench, and the horizontal spacing of the crossbraces are known, the size and vertical spacing of the crossbraces, the size and vertical spacing of the wales, and the size and horizontal spac- ing of the uprights can be read from the ap- propriate table. (i) Examples to Illustrate the Use of Tables C- 1.1 through C-1.3. Cl) Example I. A trench dug in Type A soil is 13 feet deep and five feet wide. From Table C-1.1, for acceptable arrange- ments of timber can be used. Arrangement #BI Space 4x4 crossbraces at six feet horn zontally and four feet vertically. Wales are not required. Space 3x8 uprights at six feet horizontally. This arrangement is commonly called "skip horing." Arrangement #B2 Space 4x6 crossbraces at eight feet hori- ontally and four feet vertically. Space 8x8 wales at four feet vertically. 387 1 I Pt. 1926, Subpt. P, App. C 29 CFR Ch. )(VII (7-1-04 Edition) Space 2x6 uprights at four feet hori- Space J2x12 wales at five feet vertically. zontally. Position 2x6 uprights in a close sheeting Arrangement #B3 Space 6x6 crossbraces at 10 feet hori- zontally and four feet vertically. Space 8x10 wales at four feet vertically. Space 2x6 uprights at five feet hori- zontally. Arrangement ,4�54 Space 6x6 crossbraces at 12 feet hori- zontally and four feet vertically. Space lOxIO wales at four feet vertically. Spaces 3x8 uprights at six feet hori- zontally. (2) Example 2. A trench dug in Type B soil in 13 feet deep and five feet wide. From Table C-1.2 three acceptable arrangements of members are listed. Arrangement #Bl Space 6x6 crossbraces at six feet hori- zontally and five feet vertically. Space 8x8 wales at five feet vertically. Space 2x6 uprights at two feet hori- zontally. Arrangement #B2 Space 6x8 crossbraces at eight feet hori- zontally and five feet vertically. Space lOxlO wales at five feet vertically. Space 2x6 uprights at two feet hori- zontally. Arrangement #B3 Space 8x8 crossbraces at 10 feet hori- zontally and five feet vertically. Space 10x12 wales at five feet vertically. Space 2x6 uprights at two feet vertically. (3) Example 3. A trench dug in Type C soil is 13 feet deep and five feet wide. From Table C-1.3 two acceptable arrange- ments of members can be used. Arrangement #Bl Space 8x8 crossbraces at six feet hori- zontally 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 #B2 Space 8x10 crossbraces at eight feet hori- zontally and five feet vertically. configuration unless water pressure must be resisted. Tight sheeting must be used where water must be retained. (4) Example 4. A trench dug in Type C soil is 20 feet deep and 11 feet wide. The size and spacing of members for the section of trench that is over 15 feet in depth is determined using Table C-1.3. Only one arrangement of mem- bers is provided. Space 8x10 crossbraces at six feet hori- zontally and five feet vertically. Space 12x12 wales at five feet vertically. Use 3x6 tight sheeting. Use of Tables C-2.1 through C-2.3 would fol- low the same procedures. (g) Notes for all Tables. 1. Member sizes at spacings other than in- dicated are to be determined as specified in § 1926.652 (c), "Design of Protective Systems." 2. When conditions are saturated or sub- merged use Tight Sheeting. Tight Sheeting refers to the use of specially -edged timber planks (e.g., tongue and groove) at least three inches thick, steel sheet piling, or similar construction that when driven or placed in position provide a tight wall to re- sist the lateral pressure of water and to pre- vent the loss of backfill material. Close Sheeting refers to the placement of planks side -by -side allowing as little space as pos- sible between them. 3. All spacing indicated is measured center to center. 4. Wales to be installed with greater di- mension horizontal. 5. If the vertical distance from the center of the lowest crossbrace to the bottom of the trench exceeds two and one-half feet. uprights shall be firmly embedded or a mudsill shall be used. Where uprights are embedded, the vertical distance from the center of the lowest crossbrace to the bot- tom of the trench shall not exceed 36 inches. When mudsills are used, the vertical dis- tance 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 of crossbraces. When the vertical spacing of crossbraces is four feet, place the top crossbrace no more than two feet below the top of the trench. When the vertical spacing of crossbraces is five feet. place the top crossbrace no more than 2.5 feet below the top of the trench. H I I I 11 I I H H I C Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. C flic_D__ Ii U N 6 L N Q G tO H X X ' Z N N O OF La it W O to ry W li J � Q J X J N 6 Li - .a # 'C 1v 10 to 'C N 3 W- 0I £ L c_ M m m OF £ N W L V.— 9 u Y W C y O N W Q LL 1 1 O V 1 y C{ Q Q K- Y 1 1 1 1 Y Y 1 1i W ala m — O V O O O O - {� I-- O O X O X X X X X '-C H N Nv Z Z yl N Z m a 1p m ,ti • £ n - O- ca - =N £ N -al- 0 - I -•-.w aE OW C W ^Z'. + WQII O O O < C V < V d V V Q OIL ' J £ S X N J Q N C ~ 1 O d Co N U F- .O tO tO tO to 10 M 6l Gl O O— C Y W X X X X X X X X X •� N ti 11 G. 10 10 AC 10 IC 10 tO 10 b 10 O O w C Y = 0 O 0= .0w W ~ N 10 10 b to t0 IO LO GJ QJ CO RI CO .5., = W 6 X X X X X X X X X > V LL 0 tO .O tc t0 to t0 t0 to to to Z Q N Y J W 0=0 3 W - d Q U - 10 to to to tO to b IO t0 (O W Ot X X. X X X X X X X X - W 1 y y t0 V to t0 t0 t0 t0 GD N CC C O La x w r r w 0 LL O > •-• O O - O a tO IO t0 t0 tO m RI r a ~ N t0 x X X x X X X X X O E x o_ e e e a tc a tc w w w O w E � v O 00k • F-' ? V ICt0 V t0 t0 b b K X X 'C X X X X X X X X X Y J ? ? O ? C' t0 10 to tD fA CJ H v+' 00 W q h •0'- ° NI- O O O O O O O O O O O O Z XC r F. W F- F- H F- - I-- H F- f - 1- I- C[ V W to m N t0 N O N to WI CN W Z£ OQLL R 1 0. d.y 1 0. 0. 0..- 6 0- 10._n..... D_ W J O _ J J J 0 VI ## _ F - LA. Uf W o.0=LAJ O O O O O Ni In O ON O LL N O r-� 389 1 Pt. 1926, Subpt. P, App. C 29 CFR Ch. XVII (7-1-04 Edition) I Z , H U ' Z 9- -I m a F O F .C m .C 0 4] N N N a rl� ' } O 'C `O 'C .-1 N % % % N N N ' W .r'o # v m Op .1HO .O .O 'C 6 } H N #( 00 Z V SS CO £4 CCJ } y Wd W vn vt Ll Vl Jl If J1 in N C J o y >W W Y M W m m y % Y W N W N C W. J O O O N O N N 0. -flj '.2 N 7.. C ti CO .+ .+ ti N q ' H H % % K % % >4 % % % % % U N Um `-' '0 CO O CO O O CO O N 0>, F O. a r i 5!! FNf] fi ai ti yN..l M o Ui ✓t In in N N N In 'I,II 4 Y N�O my.] N F n % % >4k X O K% % Ow=0 M H U .t Y. ti '0'O 'O .O m iC m m O N } 0 '-4 C Y_ I. o W W F 'D m m m m CC I m m to a 9 R W O. b b b b m m C I m m .C_4 m y, J v C U S O O W b , O F �O .o .O COm q m m 0 y w a. C' % % % % % > x % x CO a F m = 'C 'C 'C m .C W 'C m CO •. N W m m W CM H O W F 'o b m 'c COm m COm m U {L O �O m �C �C �C m m P W WE 0 00 m < >% >4 4 X X k X K J .D m m m CC m m m .v q y 00 .c> p p pp F w ' NH W F - F ~ F F F H F F F .. 5 w N OdOId W O O .O m b Cl W V m O 00 S 'E' 0 O L 0. W N O IG W v P4 04 [Y M W C. ~ 00 N ## U, } O } m 2 } } } N 2 O } }- y 2 (11 40 W W N O O O O O It, O 0 NO CI W F — -• F N O 390 , Y Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. C U Z aN a v (r1 0 az z v m N m W O N W L a a a z Z - W C F m >4 >4 >4 >C O Z 'C m N N N N N en N U 4. m' M O -Zr' Z m [aila w 'n h v, V1 vl in µ=µjj >Clv W N v N d ' Z N Z O N N N N N �WJ W M M ^1 .v �r .y L N N m cc N >4 >4 N O F 6 O O N e O .-. .-. .-. — — N y N. ' y EO R Z + PCd .n in in in u1 O W J 4J46q - X F O O O O O C M 00 'n Co v m Co X X X X X m m O cc O a C A — — -y -y0 i4 0 o w N N W F O O O m H v J Co Co Co Co cc CO iJ 'A �, ZZV U V v W O O O O O m m Ol F % X X C X X >4 o 'am F p 'O Co Co Co CO a0 N N M o o P. o o o > a F l/l U w J b N m Co 6 I7 Co Co va N F O O o 00 X K X X X X 'O Co Co Co Co CO .y m L 0C) W . O.. 9w NZH] O ~ pp ti '� O — ti O e F F H F F Z ym Cr. O W '0 Co o Cl so CO m m �O m W 0<p4 .+ v U VU m m Y v Y W F. Z W w CIO P. m 0 00 P. m m m m O W 'K fn .1- 7 mZ z O V: Z Cn Z O m CO Z m Z CO > N o OC F 0 91111 L I Pt. 1926, Subpt. P. App. C H 0 Z M E m U N l. a w W pI N F In • 0 N H n v z N H - Ix U c'l NN 0 2 In ° z U W 6 E04 W O F H m 29 CFR Ch. XVII (7-1-04 Edition) o m x U - w m 0 0 F o X K x iC z J v V N m C 5 S W `0 N % N W W V V w_ m ' raj a a % %. 0 w4 % x X > U ti 0 '0 I F w 0 0 u°Gi d¢ z° o a z o e o- e o P 0. r iii_ O0 00 00 N m m m Z� Za m x yK io w' x '0 m m m m '0 a H H 0 W µ1 a a v v a a a a v a > W W H.0 m .0 .0 .0 .0 .0 .O .0 .0 t0 m) IC v d '0 b b b '0 b b .%D b .x0 W N W . % x x % x x % % x % % x e -t .o .0 .0 .0 .0 .0 '0 .0 .0 .0 m W O 0 -t d b .O O .D .O .D '0 bl .O .O V % IqG Iy V .%i .t V .%G .%O b .x0 .%p .%p O O .O '0 O b .0 .0 .O .O .0 .O O .0 x x x x x x % % x % % % 5 J .t . .7 V .O .0 .O .O .O '.0 D 3 H % k X % k % X a >4 X % K K A. .t u V V d .0 .o .O .0 .O .O 'y W H F oo F F F F OF p O (+H F F y 0 `0 m .0 m O N .p m O N W O W W W W -. r W a a P4 Ag p. W a w a yF z H z w W W 0 O o O N 140 14014113 F -. 4 F — F N o W 0 I I 1 1 1 1 1 I 1 1 I Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. C zN N 'O r V X V W 6 e W H X .4 o N F OHCo 41 w nv O O O a N ,-! Co en -1 V Y V1 # £ 41 O O 0 n H N a N N O IO IO 'O IO ICX X x x % OW 0 1 f en O .ylal p U WN # O i J N FN o N #1 N V1 in N V1 N N u Y 1K6 It W ✓ C U N IN N 0,-u F q W N W• O I O N O N N a, Co r .y r r r O N F w In X x X >41 % % X x x C F 0 O `O 00 Co Co O O 00 O N 0 CMI Z r r r r L l] N N V U W M +l G N C)'^ F Z ♦. In Oi o w Vl Vl N It-. N V1 V1 vl Vl Y 14 M W R W L y > Y •..• mu ZC H 6 X ¢ C N F f.J �1 Jl `11 .O b Co 00 00 C Co Co Co Vu S 0. �. X X > % X X x % % G N n o e e e '0 00 W W CO Co u o a u w H m a q W M Y1 N .O .0 �O Co Co Co Co Co N N W W r x X X X x X % x x X U> V > IO .O .O .n Co 00 .O ao 00 w H m = J Id x O V F u d F w Z P [U W IO IO IO '0 00 W W M W 0,14-I a F� a o x x x x x x x X x '-40 41 F �+ `O `C 'O IO W IO .O W m h W O M M ,-10 O F F W 'O '0 .O IO 'O W Co Co Co Co 0 -fl x W % x % x x x % x x F O e v a Io Io .o .e '0 W u 0 145 O He Yd .O b .O .O Co Co W W Co L W x x x x x x x x x w J O �t O V �O �O �O .O .O W r u 00 IsJ Z O F N u0i N -. F' H F .+ F F (O+ r r 10.1 r O 00 J Z C40W '0 W O u IMz W O L �O W O W O( O 0641 O 0)4-)IO C Z p. W d .. W 000. W_ W_ NO d w 00 W Nv 0 0 WZ 0 J S WZ W ## x x a Z W [Fil 61 0 41 O 41 41 In O O O O '/� 10 O 0 > N ❑ w F r r F r -. F N I. Pt. 1926, Subpt. P, App. D 29 CFR Ch. XVII (7-1-04 Edition) ' I I Jr Ii z ' H U Q m z N H U, X - 1 0E4 U W ' H W W x a w ua O 3 0 H # N O 0.0 m xaH O fxl en en J -s V O 3 H Z N # £ U y M £ C # O U ' H H F N O o o CO W OLa6 W N MI Vt vt N N Y Y 7 C Y w w N Y 0,'- N 44.J W v . O N Q N N ~ y ' H W ii >4 JC X % >4 O G N H N y m O O O w N N r - N QI L A C., n Z F W 2 + W U W ' .� W W vt V £ N vt Viv, Y L i M W CO N Y H U Co h Co Co Co Co% % V F H 11 0 �' m m CO Co Co CO N N O a W , m w H F O N W D m m m m r rl yij '0 m m Co m m Y! W U W 3 7 C. FLa 4 F X X X X X X a O , O: F Cors a `O `O m 'O m m W W W m = N O Cl,£y p ^ 0 N O H N M Cl, U b .Xo b b >4 >4 m v a ? 01 H M B 3 F 0 X % X % COiz�owwwCo -1I '0 e e 'W mm r w J u ' W N U N 2 H H H F .. O O0 F N N F F O Z mJ U 'O m OW Ox' W w wr WO v w w W a W O y O m x s r F OH w W Zr,] ,n 0 0 0 O �+ �n o o 100 W O W W H r r F - - F N D N' Q F v APPENDIX D TO SUBPART P OF PART do not exceed 20 feet (6.1m) in depth. This ap- ' 1926 —ALUMINUM HYDRAULIC SHOR- pendix must be used when design of the alu- ING FOR TRENCHES minum hydraulic protective system cannot be performed in accordance with (a) Scope. This appendix contains informa- 1926.652(c) (2). tion that can be used when aluminum hy- (b) Soil Classification. In order to use data draulic shoring is provided as a method of presented in this appendix, the soil type or protection against cave-ins in trenches that types in which the excavation is made must 394 1 ; El 1 I 1 [1 I I I 1 I I I 1 H I L 7 Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. D first be determined using the soil classifica- bles are not considered adequate. In this tion method set forth in appendix A of sub- case, an alternative aluminum hydraulic part P of part 1926. shoring system or other type of protective (c) Presentation of Information. Information system must be designed in accordance with is presented in several forms as follows: § 1926.652. Cl) Information is presented in tabular (A) When vertical loads imposed on cross form in Tables D-1.1, D-1.2, D-1.3 and E-1.4. braces exceed a 100 Pound gravity load dis- Each table presents the maximum vertical tributed on a one foot section of the center and horizontal spacings that may be used of the hydraulic cylinder. with various aluminum member sizes and (B) When surcharge loads are present from various hydraulic cylinder sizes. Each table equipment weighing in excess of 20,000 contains data only for the particular soil pounds. type in which the excavation or portion of (C) When only the lower portion or a the excavation is made. Tables D-1.1 and D- trench is shored and the remaining portion 1.2 are for vertical shores in Types A and B of the trench is sloped or benched unless: soil. Tables D-1.3 and O1.4 are for horizontal The sloped portion is sloped at an angle less waler systems in Types B and C soil. steep than three horizontal to one vertical; (2) Information concerning the basis of the or the members are selected from the tables tabular data and the limitations of the data for use at a depth which is determined from is presented in paragraph (d) of this appen- the top of the overall trench, and not from dix. the toe of the sloped portion. (3) Information explaining the use of the (e) Use of Tables D -I.1, D-1.2, D -l.3 and D - tabular data is presented in paragraph (e) of 1.4. The members of the shoring system that this appendix. are to be selected using this information are (4) Information illustrating the use of the the hydraulic cylinders, and either the tabular data is presented in paragraph (f) of vertical shores or the horizontal wales. When this appendix. a waler system is used the vertical timber (5) Miscellaneous notations (footnotes) re- sheeting to be used is also selected from garding Table D-1.1 through D-1.4 are pre- these tables. The Tables D-1.1 and D-1.2 for sented in paragraph (g) of this appendix. vertical shores are used in Type A and B (6) Figures, illustrating typical installa- soils that do not require sheeting. Type B tions of hydraulic shoring, are included just soils that may require sheeting, and Type C prior to the Tables. The illustrations page is soils that always require sheeting are found entitled "Aluminum Hydraulic Shoring; Typ- In the horizontal wale Tables D-1.3 and D-1.4. teal Installations." The soil type must first be determined in ac - (d) Basis and limitations of the data. cordance with the soil classification system (1) Vertical shore rails and horizontal described in appendix A to subpart P of part wales are those that meet the Section Mod- 1926. Using the appropriate table, the selec- ulus requirements in the D -I Tables. Alu- tion of the size and spacing of the members minum material is 6061-T6 or material of is made. The selection is based on the depth equivalent strength and properties. and width of the trench where the members (2) Hydraulic cylinders specifications. (1) 2- are to be installed. In these tables the inch cylinders shall be a minimum 2 -inch in- vertical spacing is held constant at four feet side diameter with a minimum safe working on center. The tables show the maximum capacity of no less than 18,000 pounds axial horizontal spacing of cylinders allowed for compressive load at maximum extension, each size of wale in the waler system tables, Maximum extension is to include full range and in the vertical shore tables, the hydrau- of cylinder extensions as recommended by lic cylinder horizontal spacing is the same as product manufaturer. the vertical shore spacing. (ii) 3 -inch cylinders shall be a minimum 3- (f) Example to Illustrate the Use of the Tables: inch Inside diameter with a safe working ca- (1) Example 1: pacity of not less than 30,000 pounds axial A trench dug in Type A soil is 6 feet deep compressive load at extensions as rec- and 3 feet wide. From Table D-1.1: Find ommended by product manufacturer, vertical shores and 2 inch diameter cylinders (3) Limitation of application. spaced 8 feet on center (o.c.) horizontally and (I) It is not intended that the aluminum 4 feet on center (o.c.) vertically. (See Figures hydraulic specification apply to every situa- 1 & 3 for typical installations.) tion that may be experienced in the field. (2) Example 2: These data were developed to apply to the A trench is dug in Type B soil that does situations that are most commonly experi- not require sheeting, 13 feet deep and 5 feet enced in current trenching practice. Shoring wide. From Table D-1.2: Find vertical shores systems for use in situations that are not and 2 inch diameter cylinders spaced 6.5 feet covered by the data in this appendix must be o.c. horizontally and 4 feet o.c. vertically. otherwise designed as specified in (See Figures 1 & 3 for typical installations.) §1926.652(c). (3) A trench is dug in Type B soil that does (ii) When any of the following conditions not require sheeting, but does experience are present, the members specified in the Ta- some minor raveling of the trench face. The I 395 I I Pt. 1926, Subpt. P, App. D 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 Fig- ures 2 & 3 for typical installations.) (4) Example 4: A trench is dug in pre- viously disturbed Type B soil, with charac- teristics 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. hori- zontally. Both wales are spaced 4 feet o.c. vertically. 3x12 timber sheeting is required at close spacing vertically. (See Figure 4 for typical installation.) (g) Footnotes, and general notes, for Tables D-1.1, D -I,2, D -I.3, and D-1.4. (1) For applications other than those listed in the tables, refer to § 1926.652(c) (2) for use of manufacturer's tabulated data. For trench depths in excess of 20 feet, refer to § 1926.652(c) (2) and § 1926.652(c) (3). 29 CFR Ch. XVII (7-1-04 Edition) (2) 2 inch diameter cylinders, at this width, shall have structural steel tube (3.5x3.5x0.1875) oversleeves, or structural oversleeves of manufacturer's specification, extending the full, collapsed length. (3) Hydraulic cylinders capacities. (i) 2 inch cylinders shall be a minimum 2 -inch in- side diameter with a safe working capacity of not less than 18,000 pounds axial compres- sive load at maximum extension. Maximum extension is to include full range of cylinder extensions as recommended by product man- ufacturer. (ii) 3 -inch cylinders shall be a minimum 3 - inch inside diameter with a safe work capac- ity of not less than 30,000 pounds axial com- pressive load at maximum extension. Max- imum extension is to include full range of cylinder extensions as recommended by product manufacturer. (4) All spacing indicated is measured cen- ter to center. (5) Vertical shoring rails shall have a min- imum section modulus of 0.40 inch. (6) When vertical shores are used, there must be a minimum of three shores spaced equally, horizontally, in a group. (7) Plywood shall be 1.125 in. thick softwood or 0.75 inch. thick, 14 ply, arctic white birch (Finland form). Please note that plywood is not intended as a structural member, but only for prevention of local rav- eling (sloughing of the trench face) between shores. (8) See appendix C for timber specifica- tions. (9) Wales are calculated for simple span conditions. (10) See appendix D. item (d), for basis and limitations of the data. I I I H H I H I I CI t I L I I 1 1 1 1 I 1 1 1 1 I I 1 1 1 Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P. App. D ALUMINUM HYDRAULIC SHORING TYPICAL INSTALLATIONS FIGURE NO. 1 FIGURE NO. 2 VERTY.AL µuMNW HVDRAtW INORMD LI VERTCAL ALIAVALL IGPOT BRACNRI BJIOAIC A nmm PLYWOOD HORIZONTAL SPACING f,// MORIZDNTAL SPACING 1B" MAX. VERTICAL SPACING A' MAX. L MG;ft 2' MAX. FIGURE NO. 3 VERYCµ µUAVMM HYORAULC INPRND IBTACCEOI 10 ,a0 VERTICAL SPACING A' MAX. 2' MAX. VERTICAL RAI HYDRAULIC CYLIMOEN VERTICAL RAIL 1B"MAX. 6 IIIIUI➢LTVOOD HYDRAULIC CYLINDER VERTICAL S PA CINO A' NA%. FIGURE NO. 4 Aw.n&a. HT,,* t.1' BINMNa WALER SYATDL ITVPCALI HORIZONTAL SPACING . (ERTICAL RAIL 2' MAX. HYDRAULIC CYLINDER VERTICAL SPACING 397 UPRIGHT SHEETING HYDRAULIC CYLINDER Pt. 1926, Subpt. P, App. D 29 CFR Ch. XVII (7-1-04 Edition) (i N n U [ z w� M Q > O A [w] x w a^ °'� Uw✓ o a O z O 0 Ca _ E A u .. 3 A z x X O O ow A Q Q G N O. craw 5 z Q Q n F U c wa.a� u .aQU0 j v 00 Q o A z Z F o O U w w oo b x c c O 0.0. Q Q F a O O a O OOO O O IUunF-•O O (aj O O ^ ^ A. Ci. Q n7. r7 > F gzz I Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. D N V U [ x0 > ^ Q I O w zA. owe a0 z[- E' W E NQD 0 0 Qz Y z C6 z O, N,.7am z a NS Q a ai F U V z F c y >� z -e • I T L boba ROzz W oo v x x c c c v 6 � Q Q n. Ce O Ce O ai O O 0 [7 h t+. fay.1 W WNF"o oFin W v-,Fo • O a~ a is F v O 0'-' wzz I I 399 I L I Pt. 1926, Subpt. P, App. D 29 CFR Ch. XVII (7-1-04 Edition) ' I I 1l a U v V p O O O v1 O OF w W O Q CO N b W h b w W p xy r r 3 ^ zV ^J o z z�z z ztu z z z z ' r+ONO m NO m m NO m m w m x z z z z :a o v1 9 P7 U F w C7 aCa Fy as 0 ; o 0 0 0 0 — 0. �n o o c g' ,Yr a ad T oo C vV O� 'c 0 SH O i�ao s o C axm�! z z z e z z z•z W , J Q N N m N m m N m m za: o is •••GGG---111 w eo O O O O O O h O O C) C S Q. a0 T N �O W. O vt �G. r r j N zi k • Z � T 0 ^ r 00 N O O v, O O ^ rv^ o m t� _ r` V m r` O �/ r r IIIJJJ , C Y d F CQ C C Q ¢ E w a- a a O .a O N 5 00 ' µ7,na o µlow FN as rn O 5 0 a O .�7 > .Nu..^, n Oo v v V d G zz: , I I 400 I 1 1 Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. D I oz I I m= O N N N f'^ Z.. M fn rX •A z z z z z z z z z E.., j M -. M M H] M M M M Z E N z V O vi O O rn O O v M O O y V i m ri vi 'C ' Q xw E zfl^ o a z _ Clo zz z z z z z z z o a rE- < NON0 M NO M roe M X W �Za7 a V O z z z z o n Vma R c Z o m.n , o o o in, q o o ¢ p' •� •� FF.. Q O 6 `6 e C Q in co r+i '6 1 v m ., iC a o a jo z Z .. ., Cl .. .. .. .. y O N N M Cl M M N M C, M t0 O 3w UO c a o .c � o 00 'n o 'no o u '00 v vi ao en vi 'c � u 1 ay z In o o v, o o in o o Z -� �j p eri o cri n e r i .., .-. o m m ' 1 3 uz H 0 -. v 00 X ,c4! C C y Q Q N d u. Z W w „� 0 o W o O Orn ri a uJ 5 u v c gzz°. 1 1 1 1 401 I. Pt. 1926, Subpt. P, App. E 29 CFR Ch. XVII (7-1-04 Edition) APPENDIX E TO SUBPART P OF PART 1926 -ALTERNATIVES TO TIMBER SHORING Figure 1. Aluminum Hydraulic Shoring 18" M VERT SPAC 4' 'MA) RTICAL RAIL IDRAULIC CYLINDER Figure 2. Pneumatic/hydraulic Shoring n [IJuj 0 O O O I .rf Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. F Figure 3. Trench Jacks (Screw Jacks) 1 I k/i-li 1 Figure 4. Trench Shields 1 I ___ I 1 ' APPENDIX F TO SUBPART P OF PART part P for excavations 20 feet or less in 1926 —SELECTION OF PROTECTIVE depth. Protective systems for use in exca- SYSTEMS vations more than 20 feet in depth must be ' designed by a registered professional engi- The following figures are a graphic sum- neer in accordance with §]926.652 (b) and (c). mary of the requirements contained in sub - 1 1 403 I Pt. 1926, Subpt. P. App. F 29 CFR Ch. XVII (7-1-04 Edition) Is the excavation more than 5 feet in depth? Is there potential No Is the excavation for cave-in? entirely in stable rock? Excavation may. be made with vertical sides. Excavation must be sloped, shored, or shielded. S Go to Figure 2 ring or shielding ected. Go to Figure 3 FIGURE 1 - PRELIMINARY DECISIONS LI I I I I I 1 I Occupational Safety and Health Admin., Labor Excavation must comply with one of the following three options: Option 1: 1926.652 (b)(2) which requires Appendices A and B to be followed Option 2: S1926.652 (b)(3) which requires other tabulated data. (see definition) to be followed. Option 3: 81926.652 (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 ,1926.652 (b)? Pt. 1926, Subpt. P, App. F Excavations must comply with$1926.652 (b)(1) which requires a slope of 1%H:lV (340). FIGURE 2. - SLOPING OPTIONS 405 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 I 51926.652 (c)(1) which requires Appendices A and C to be followed (e.g. timber shoring). Option 2 §1926.652 Cc)(2) which requires manufacturers data to be followed (e.g. hydraulic shoring,trench jacks, air shores, shields). Option 3 .1926.652 (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 �[Q As Amended by Act: 142 of 1967 293 of 1969 546 of 1971 684 of 1977 1020 of 1979 9275 of 1981 180 of 1985 495 of 1987 26 of 1989- 795 of 1989 856 of 1993 553 of 1995 335 of 1997 378 of 1997 43 of 1999 1358 of 1999 Revised June, 1999 - I An Act to Recodify the Provisions of Act 124, App February 24, 1939, and Act 217, Approved March 20, and Act 153, Approved February 23. 1951 and regulating Practice of Contracting in the State of Arkansas; to Maximum Salaries and Establish Qualifications for Emplc of the Board and to Limit the Number of Employees t employed by the Board. BE 1T ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: CHAPTER 25 - is CONTRACTORS Sabchapter 1 - General Provisions §17-25-101 Definition (a) As used in this chapter, unless the context otherwi requires, "contractor" means any Person. firm, partn=t copartnership, association, corporation, or other organinatio or any combination thereof, who, for a fixed price, commissio fee, or wage, attempts to or submits a bid to construct, contracts or undertakes to construct, or assumes charge, in a -1- supervisory capacity or otherwise. or manages the construction, erection- alteration. or repair. or has or have constructed. erected altered, or repaired under, his. their, or its direction. any building. apartment, condominium. highway. sewer, utility. grading. or any other improvement or structure on public or private property for lease. rent. resale. public access. or similar purpose. except single-family residences. when the cost of the work to be done, or done, in the State of Arkansas by the contractor including- but not limited to, labor and materials, is twenty thousand dollars ($20.000) or more. However, when a person or entity acts as a contractor in the construction. erection. alteration, or repair of his own or its own property. such action shall not result in the person or entity being required to obtain a license, but the person or entity must comply with all other provisions of this subchapter. (b) However, the twenty thousand dollar ($20,000) exception shall not apply to any project of construction in which any of the construction work necessary to complete the project, except any in -progress change orders, is divided into separate contracts of amounts less than twenty thousand dollars ($20,000), a purpose being to circumvent the provisions of this chapter. (c) It is the intention of this definition to include all improvements or structures, excepting only single family residences. • (d) Materials purchased by a prime contractor from a third party shall not be considered as part of the subcontractors project, if the prime contractor has the proper classification listed on a current contractor's license for the work being performed by the subcontractor. Materials purchased by a person or entity acting as a contractor in the construction, erection, alteration, or repair of his own or its own property from a third party shall not be considered as a part of the subcontractors project provided the subcontract is for wood framing, shingle roofing, painting, floor covering, or concrete labor. §17-25-102 Exemptions The following shall be exempted from the provisions of this chapter: (1) The practice of contracting as defined in §17-25-101 by an authorized representative or representatives of the United States Government, State of Arkansas, incorporated town, city or county, or other political subdivision of this state; (2) Architects and engineers, whose only financial interest in a project shall be the architectural or engineering fees for preparing plans, specifications, surveys, and -2- supervision that is customarily furnished by atlih engineers. §17-25-103 Penalties - Enforceme j (a) Any contractor shall be deemed misdemeanor and shall be liable to a fine of not Ie th hundred dollars ($100) nor more than two hundred ($200) for each offense, with each day, to constitute a s( offense. who: , (I) For a fixed price, commission, fee, or attempts to or submits a bid or bids to construct or construct, or undertakes to construct, or assumes c e supervisory capacity or otherwise, or manages the co erection, alteration, or repair of, or has constructed. ere altered, or repaired, under his or its direction, any Sil apartment condominium, highway, sewer, utility, n! any other improvement or structure, when the cost of u to be done or done in the State of Arkansas by the contr including, but not limited to, labor and materials, i��(vvvv thousand dollars ($20,000) or more, without first a' procured a license with the proper classification to en gi the business of contracting in this state; (2) Shall present or file the license certifl e another; (3) Shall give false or forged evidence of any d the board, or any member thereof, in obtaining a certifi license; (4) Shall impersonate another; or I (5) Shall use an expired or revoked certificate of license. (b) The doing of any act or thing herein prohibited biny applicant or licensee shall, in the discretion of the board, constitute sufficient grounds to refuse a license. to an appl nt or to revoke the license of a licensee. (c) Regarding any violation of this chapter, the board shall have the power to issue subpoenas and bring bef e board as a witness any person in the state and may requir e witness to bring with him any book, writing, or other t g under his control which he is bound by law to produce in evidence. (d) No action may be brought either at law or in equity yo enforce any provision of any contract entered into in violation of this chapter. No action may be brought either at law or� equity for quantum meruit by any contractor in violation of t chapter. -3- I I i i 1 I I 1 1 (c) (1) (A) Any contractor who, after notice and hearing, is found by the Contractors Licensing Board to have violated, or used a contractor in violation of, this chapter shall pay to the board a civil penalty of not less than one hundred dollars ($100) nor more than four hundred dollars ($400) per day for the activity. However, the penalty shall not exceed three percent (3%) of the total project being performed by the contractor. (B) The penalty provided for in this chapter, plus interest at ten percent (10%) per annum, shall be paid to the Contractors Licensing Board before the contractor can be issued a license to engage in the business of contracting in this state. In addition to the assessment of the penalty, the Contractors Licensing Board may, upon a finding of a violation of this chapter, issue an order of abatement directing the contractor to cease all actions constituting a violation of this chapter. (2) The Contractors Licensing Board shall have the power to withhold approval, for up to six (6) months, of any application from any person who, prior to approval of the application, has been found in violation of this chapter. (3) All hearings and appeals therefrom under this chapter shall be pursuant to the provisions of the Administrative Procedure Act, as amended, §25-15-201 at seq. (4) No proceedings under this chapter may be commenced by the Contractors Licensing Board after three (3) years from the date on which the act of omission which is the basis for the proceeding occurred. (5) The Contractors Licensing Board shall have the power to file suit in the Circuit Court of Pulaski County to obtain a judgment for the amount of any penalty not paid within thirty (30) days of service on the contractor of the order assessing the penalty, unless the circuit court enters a stay pursuant to the provisions of the chapter. (6) The Contractors Licensing Board shall have the power to file suit in the Circuit Court of Pulaski County to enforce any order of abatement not complied with within fifteen (15) days, excluding Saturdays, Sundays, and legal holidays, of service on the contractor of the order of abatement. If the circuit court finds the order of abatement to have been properly issued, it may enforce the order by any means by which injunctions are ordinarily enforced. However, nothing shall be construed herein to diminish the contracto's right to appeal and obtain a stay pursuant to the procedures provided for in this chapter. n §17-25-104 Injunction When any contractor not licensed by this board engage or attempt to engage in the business of contractii herein defined, the board shall have the right to go intt proper court in the jurisdiction in which the work is 1 performed - and, upon affidavit, secure a writ of injunc without bond, restraining and prohibiting the contractor i performance of the work then being done or about commence. §17-25-105 Form of Indictment In all prosecutions for violations of the provisions of t chapter for engaging in the business of contracting without certificate of authority, it shall be sufficient to allege in t indictment, affidavit, or complaint that " 'A' unlawfui engaged in business as a contractor, without authority from tl Contractors Licensing Board, State of Arkansas, to do so." §17-25-106 Grain Bin Exemption The provisions of this section shall not apply to th construction of grain bins on a farm which are to be used sole) for the purpose of storing grain harvested by the owner o lessee of the farm. Subchapter 2 - Contractors Licensing Board §17-25-201 Creation - Members (a) There is created a Contractors Licensing Board, consisting of seven (7) members, who shall be appointed by the Governor. (b) Each member shall be at least thirty-five (35)4rears of age and must have been a resident of the State of Arkansas for the previous five (5) years. (1) (A) Five(5) members shall be contractors of not less than ten (10) yearsexperience in responsible. charge of construction projects of a magnitude consistent'with•the duties of their offices. Each must hold an unexpired contractors license issued under this chapter. Each must, at the time of appointment, maintain his or her principal place of business in Arkansas. (B) At least one (1) member of the board shall have had as a larger part of his business the construction of sewers and waterworks. (C) At least one (1) member of the board shall have had as a larger part of his business the construction of buildings. -5- (D) At least one (1) member of the board shall have had as a larger part of his business the construction of highways. (2) Two (2) members of the board shall not be actively engaged in or retired from the profession of contracting One (1) shall represent consumers, and one (I) shall be sixty (60) years of age or older and shall represent the elderly. Both shall be appointed from the state at large subject to confirmation by the Senate. The two (2) positions may not be held by the same person. Both shall be full voting members but shall not participate in the grading of examinations. (c) (1) Members shall serve five-year terms. (2) Terms shall expire on December 31 of the fifth year. (3) Each member shall hold over after the expiration of his term until his successor shall be duly appointed and qualified. (4) If a vacancy shall occur in the board for any cause, it shall be filled by appointment by the Governor. (5) The Governor may remove any member of the board at any time for misconduct, incompetency, or neglect of duty. (d) Each member of the board shall receive a certificate of appointment from the Governor and, before entering upon the discharge of the duties of his office, shall file with the Secretary of State the constitutional oath of office. (e) (1) Each member of the board shall receive fifty dollars ($50.00) per diem while the board is in session and reimbursement for necessary traveling expenses, board, and lodging. (2) Each member of the board shall receive fifty dollars ($50.00) per diem in addition to the per diem provided for in subdivision (1) of this subsection. §17-25-202 Organization and Functions (a) The board shall elect a chairman, vice-chairman, and secretary, each to serve in his respective capacity for one (1) year. Officers shall be elected by the board annually. (b) The board shall have two (2) regular meetings in each year; one (1) meeting shall be in the month of February, and one (1) meeting shall be in the month of August, for the purpose of transacting such business as may properly come before it, on call of the chairman of the board. -6- (c) Special or adjourned meetings may A times as the board may provide by the bylaws wh adopt, or at such times as the board may, resolution, provide. (d) Due notice of each meeting and the time thereof shall be given to each member in such Ill bylaws shall provide. (e) Three (3) members of the board shall quorum. (t) The board shall adopt a seal for its own use have on it the words, "Contractors Licensing B Arkansas, Seal," and the secretary shall have custody of it. §17-25-203 Powers (a) The board shall have power to make such rules, and regulations for its operation as it shah appropriate, provided that they are not in conflict wit of the State of Arkansas. (b) All expenses incurred by the board r administration of this chapter are authorized to be p b board. (c) The board, or any committee thereof, shall b to the services of the Attorney General or other st counsel as deemed appropriate, in connection operation of the affairs of the board. Additional legal co may be employed by the board from time to time al deem necessary. §17-25-204 Employees The board shall employ a chief administrative em, also known as administrator, who shall possess qualifications as may be determined by the board and'who serve at the pleasure of the board, in addition, the -boat employ such additional professional and clerical emplo may be necessary forihe operation of the board and its va functions and pay salaries thereto as may be authorized by I §17-25-205 Disposition of Funds The fees of the Contractors Licensing Board sh lx deposited in banks to be used by the board in theer prescribed by law, similar to the accounts of other exau rig and licensing boards of the state, and shall be audited under rules and regulations prescribed by the Director ohe Department of Finance and Administration. -7- L 1 I I I §17-25-206 Records and Reports (a) The secretary shall keep a record of the proceedings of the board. (b) The secretary shall keep a register of all applications for license showing for each: (1) The date of application, name, qualification, place of business, place of residence; (2) Whether the license was granted or refused; (3) A complete transcript of the proceedings, including evidence submitted by applicants, licensees, the board, or otherwise, at any hearing. (c) The books and register of this board, including transcripts of proceedings, shall be prima facie evidence of all matters recorded therein. A certified copy of such books or register, including transcripts of proceedings, under the seal of the board and attested by its secretary, shall be received in evidence in all courts of the state in lieu of the original. (d) A roster showing the names and places of business and of residence of all licensed contractors shall be prepared by the secretary of the board annually. (e) - On or before August I of each year, the board shall submit to the Governor a report of its transactions for the preceding year and shall file with the Secretary of State a copy of the report, together with a complete statement of receipts and expenditures of the board attested by the affidavit of the chairman and secretary and a copy of the roster of licensed contractors. (f) A record shall be made and preserved by the board of each examination of applicant or licensee. The findings of the board thereon and a certified copy of the record shall be furnished to any applicant or licensee desiring to appeal from the findings of the board, as provided in §17-25-312, upon payment of the costs of transcribing the record. Subchapter 3 - Licensing §17-25-301 Significance - Proof (a) The issuance of a certificate of license by the board shall be evidence that the person, firm, or corporation named. therein is entitled to all of the rights and privileges of a licensed contractor while the license remains unrevoked or unexpired. (b) (1) Upon making application to the building -8- II inspector or other authority of any incorporated city or tom Arkansas charged with the duty of issuing building or t permits for the construction of any building, apanrr condominium, utility, highway, sewer, grading, or any o improvement or structure, when the cost of the work to bed by the contractor, but not limited to labor and materials twenty thousand dollars ($20,000) or more, any person, firm corporation, before being entitled to the issuance of si permits, furnish satisfactory proof to the inspector or autho' that he is duly licensed under the terms of this chapter. (2) It shall be unlawful for the building inspector other authority to issue or allow the issuance of a buildi permit unless and until the applicant has furnished eviden that he is either exempt from the provisions of this chapter or duly licensed under this chapter to carry out or superintend tl work for which the permit has been applied. §17-25-302 Limitations The board shall have power to limit the license by prop[ classification to the character of work for which the applicant i qualified. §17-25-303 Application - Renewal - Fees (a) (1) Any person desiring to be licensed as t contractor in this state shall make and file with the board thin) (30) days prior to any regular or special meeting thereof, a written application on a form as may then be prescribed by the board, for examination by the board. The application shall be accompanied by payment in a sum to be determined by the board but not to exceed one hundred dollars ($100) to the Contractors Licensing Board, State of Arkansas. (2) The thirty (30) day requirement may be waived by the Contractors Licensing Board provided the contractor has on file with the Contractors Licensing Board a completed original application and proof of successfully completing any examination required. (b) Thereafter an annual renewal license fee to be determined by the board but not to exceed one hundred dollars ($100) shall be paid by each licensee to defray the costs and expenses of the administration of this chapter. §17-25-304 Financial Statement (a) (1) All persons and entities required by this chapter to be licensed by the Contractors Licensing Board shall transmit to the board with their original applications an audited financial statement of the applicant audited by a certified public accountant or registered public accountant. -9- I (2) All persons and entities licensed by the Contractors Licensing Board shall transmit to the board withrenewal applications a financial statement of the applicant reviewed by a certified public accountant or registered public accountant according to American Institute of Certified Public Accountants' Professional Standards. (b) The financial statement so furnished shall not be public information and may not be made available for inspection by any person, unless pursuant to an order of a court of competent jurisdiction. After the contractor is licensed, the Contractors Licensing Board shall have the option of destroying the financial statement by the process of shredding or returning the financial statement to the contractor. §17-25-305 Applicant Qualifications (a) The board, in determining the qualifications of any applicant for original license or any renewal license, shall, among other things, consider the following: (1) Experience; (2) Ability, (3) Character, (4) The manner of performance of previous contracts; (5) Financial condition; (6) Equipment; (7) Any other fact tending to show ability and willingness to conserve the public health and safety; and (8) Default in complying with the provisions of this chapter or any other law of the state. (b) The board may develop reciprocal agreements with other states with similar licensing responsibilities. §17-25-306 Examinations - Certification (a) If an application complies with the board's rules and regulations, then the applicant shall be entitled to an examination to determine the applicants qualifications. (b) If the result of the examination of any applicant shall be satisfactory to the board, then the board shall issue to the applicant a certificate to engage in contracting in the State of Arkansas, (c) Anyone failing to pass the . examination may be reexamined at any regular meeting of the board upon payment of the regular fee. -10- §17-25-307 Expiration ' All certificates of license to engage in the b es contracting in the State of Arkansas shall expire 12 midnight on the day before the anniversary date of t issuance unless otherwise designated by the board, shall become invalid on that day unless renewed. §17-25-308 Grounds for Revocation The board shall have the power to revoke the certil ite t license of any contractor licensed under this chapter who i found guilty of any fraud or deceit in obtaining.a licens fe aiding or abetting any contractor or person to viol tb provisions of this chapter or for gross negl nee incompetence, or misconduct in the conduct of the contractor. business. §17-25-309 Procedure for Revocation - Reissnance (a) Any person may prefer charges in connection wi1he,l foregoing against any contractor licensed under this chapter, (b) The charges shall be in writing and sworn to e complainant and mailed to the board and, unless. dism d without hearing by the board as unfounded or trivial, shall be heard and determined by the board. (c) A time and place for the hearing shall be fixed by1 board and held in the City of Little Rock (d) A copy of the charges, together with the notice of time and place of hearing, shall be considered as legally se by the board when sent to the last known address of the accused by certified mail, at least ten (10) days before th d fixed for the hearing. In the event that such service cannot effected ten (10) days before the hearing; then the date hearing and determination shall be postponed as may be necessaryto pemtit the carrying out of this condition. (e) At the hearing the accused contractor shall have ill right to appear personally and by counsel and ty cross-examine witnesses and to submit evidence in the contractors behalf an� defense. (t) If after the hearing the board finds the facts as alleged and of such character as to disqualify the contractor, then th board shall revoke the license of the contractor, but in th event no refund shall be made ofthe license fee. (g) Within its discretion and upon proper application hearing, the board may reissue a license to any contractor whose license has been revoked. _11- I n I I U I I I §17-25-310 Replacement A certificate of license to replace any lost, destroyed, or mutilated certificate may be issued subject to the rules and regulations of the board. §17-25-311 Corporations and Partnerships Unlawful Acts (a) A corporation or partnership may engage in the business of contracting when licensed by the board. (b) It shall be unlawful and a violation of this chapter for any two (2) or more contractors, whether doing business as individuals, partnerships, corporations, or other organizations, to jointly submit a bid or enter into a contract for construction as a joint venture unless all parties to the joint venture are licensed pursuant to this chapter. (c) Any combination of contractors other than a joint venture shall obtain a license for the combination prior to submitting a bid. §17-25-312 Review Any party aggrieved by any decision of this board shall have the right to seek review thereof pursuant to the provisions of the Administrative Procedure Act, as amended, §25-15-201 et seq. §17-25-313 License Requirements to Accompany Invitation to Bid All architects and engineers preparing plans and specifications for work to be contracted in the State of Arkansas shall include in their invitation to bidders and in their specifications a copy of this chapter, or such portions thereof, as are deemed necessary to convey to the invited bidder, whether he is a resident of this state or not, the information that it will be necessary for him to have a certificate of license with the proper classification from this board before his bid is submitted. §17-25-314 [Repealed] §17-25-315 Rules and Regulations - Federally Funded Projects - Contractor Qualifications (a) The board shall have the power to promulgate rules and regulations ror the efficient enforcement of this chapter and shall also have the power to assign the right or give permission to any state agency, board, or commission to determine -12- qualifications of a contractor solely for the purpose submitting a bid to the state agency, board, or commission projects involving federal aid funds prior to the contractor be licensed by the board. No state agency, board, or commiss shall execute any construction contract involving federal funds unless and until the successful bidder for the proj furnishes a certificate of license issued by the board (b) The board shall have the power to provide regulation for any political subdivision or other politic corporation to accept bids from unlicensed contractors b projects involving federal funds. However, no contractor sha submit a bid under this section prior to submitting applicatic for licensure, and no political subdivision or politic corporation shall execute any construction contract unless an until the successful bidder for the project furnishes a appropriate license issued by the board. -13- I Ii II 7 ARKANSAS STATE CONTRACTORS BOND LAW ACT 162 OF 1987 As Amended by: Act 487 of 1989 Act 783 of 1991 Act 37 of 1992 Act 450 of 1999 Revised June, 1999 Subchapter 4- Contractors Bond §17-25-401 Definitions (a) (1) 'Contractor' shall include original, prime and general contractors ar, all subcontractors. It is defined to be an person, firm, joint venture, partnershii copartnership, association, corporation, o other organization engaged in the business o. the construction, alteration, dismantling. demolition, or repairing of roads, bridges. viaducts, sewers, water and gas _ mains, streets, disposal plants, water filters, tanks, towers, airports, buildings, dams, levees, canals, railways and rail facilities, oil and gas wells, water wells, pipelines, refineries, industrial or processing plants, chemical plants, power plants, electric, telephone, or any other type of energy or message transmission lines or equipment, or any other kind of improvement or structure. (2) The term 'contractor' shall include any contractor who is required to obtain a contractor's license under the state licensing law of this State, §17-25-101 et seq. (b) However, when a person or entity acts as a contractor in the construction,.. erection, alteration, or repair of his own.or its own property of of a single -.family residence or if the cost of the work to be done, including, but not limited to, labor and materials, is less than twenty thousand dollars ($20,000), the person or entity shall not be deemed a contractor under this chapter. -1- I §17-25-402 Expenses - Deposition of Funds (a) All expenses incurred by the board for the administration of this subchapter are authorized to be paid by the board. (b) All taxes, premiums, contributions, penalties, interest, and fines collected pursuant to this subchapter, except enforcement penalties, shall be distributed pro -rata, based upon the amount of taxes, premiums and contributions due to the Department of Finance and Administration, Employment Security Division, Workers' Compensation Commission, or any city, county or school district, or any other State agency or other political subdivision of the State, first to the extent of any taxes, premiums, and contributions due with any remainder applied to interest, penalties, and fines, in that order. All enforcement penalties assessed to a contractor pursuant to the provisions of this subchapter shall be paid directly to the Contractors Licensing Board to defer the cost of enforcement. (c) The board may employ such additional professional and clerical employees as may be necessary and pay salaries thereto as authorized by law. §17-25-403 Liability of Customer In the event the contractor fails to honor its financial obligations to the State of Arkansas, any city, county, school district, State agency, or other political sub -division -2- of the State, the customer fo w work was being performe s responsible for all financial obliga io contractor to the State of Ark city, county, school district, Stat g other political subdivision of the St that customer's project provid tl customer receives written not . contractors failure to comply wit subchapter prior to final paym contractor. The written notice m i the maximum amount of any and all fir.' obligations the contractor may to owe to the State of Arkansas, ormny county, school district, state agency, or political subdivision of the state, arnig that customer's project. §17-25-404 ' Bond - Filing, Terms (a) Before commencing w undertaking to perform any se es duties in the State, a contractor shall dim the Contractors Licensing Board depository agency, a surety bond of authorized to do business in this Stab o cash bond. The bond shall be a condn licensure and a contractors license. s be released until the bond has been p e filed. . (b) The bond shall be: (1) In a penal sum of Ten Th4a Dollars ($10,000.00); (2) Payable to the State of Ark (3) Conditioned on the confab complying with the tax laws of the State c Arkansas, and when applicable, any it; county, school district, State agency, or -3- C I I I I I I other political subdivision of the State, the Arkansas Employment Security Act 11-10- 101 et seq., the Workers' Compensation Law 11-9-101 et seq., and the provisions of this subchapter. §17-25-405 (Repealed) §17-25-406 Notice of Bond Cancellation (a) Notice of bond cancellation shall be given to the Contractors Licensing Board in writing sixty (60) days prior to cancellation. The Contractors Licensing Board shall notify the Department of Finance and Administration, the Employment Security Division, and the Workers' Compensation Commission of the notice of cancellation. It shall be the responsibility of each governmental agency to make any claims against the bond in accordance with State law for collection of any taxes, premiums, contributions, penalties, interest, or fines within the statute of limitations of the appropriate State law. (b) A contractors license that has become invalid due to bond cancellation may be reinstated upon receipt of proper replacement bond. §17-25-407 (Repealed) �a §17-25-408 Failure to Comply Penalties - Enforcement (a) The fact that a contractor performing or has performed work Arkansas and compliance as required by subchapter has not been met shall constit prima facie evidence of failure to comply. (b) Upon notice to the contractor anc hearing thereon is requested by i contractor or if deemed appropriate by t board or any committee thereof, should it determined that a violation exists, the boa or committee may assess a penalty i noncompliance in a sum not to exceed fit percent (5%) of the value of the contra( performed, and upon a finding of a second c subsequent violation, the, contractor may b assessed a penalty equal .to ten percen (10%) of the value of the contrac performed. Further, any contractor found it violation for a second or subsequent violation of this subchapter may lose its contractors license for a period of one (1) year. The board or committee may also issue an order to cease and desist the work pending compliance. (c) Failure of a contractor to comply with the provisions of this subchapter shall be grounds for revocation of any license issued to the contractor by the Contractors Licensing Board. (d) Enforcement of the bond filing requirements contained herein shall be the responsibility of the Contractors Licensing Board. -5- I (e) The board shall have the power to make such rules and regulations for enforcement as it may consider appropriate and not in conflict with Arkansas law. §17-25-409 Proceedings upon Violation (a) Regarding any violation of this subchapter, the board shall have the power to issue subpoenas and bring before the board as a witness any person in the State and may require the witness to bring with him any book, writing, or other thing under his control which he is bound by law to produce in evidence. (b) No proceedings under this section may be commenced by the Contractors Licensing Board after three (3) years from the date on which the act or omission which is the basis for the proceeding occurred. (c) The Contractors Licensing Board shall have the power to file suit in the Circuit is Court of Pulaski County to enforce any cease and desist order not . complied with within fifteen (15) days, excluding. Saturdays, Sundays, and legal holidays, of service on the contractor of the order. If the Circuit Court finds the order to have been properly issued, it may enforce it by any means by which injunctions are ordinarily enforced. However, nothing shall be construed herein to diminish the contractor's right to appeal. (d) All hearings and appeals therefrom under this section shall be pursuant to the ,. provisions and the•Administrative Procedure Act, as amended, §25-15-201 et seq. S� City of Fayetteville Landscape Manual Chapter5: Tree Protection During Construction 99 t City; of. Fayetteville Landscape Manual General Information ' (Excerpt from "How Construction Effects Trees" by Kim J. Hesse, published 3/17/99 in the Northwest Arkansas Times) "On most construction sites, existing trees are not protected and are vulnerable to the increased activity and use of equipment. Injury to the bark is very common when vehicles and equipment are present within the limits of the tree's canopy. But more commonly, the process of grading and trenching result in the greatest destruction to your trees. If you are considering terracing your yard, adding berms to create interest, or simply installing an underground irrigation system, be aware of the effects during construction. ' When grading a site the existing vegetation and topsoil is usually stripped removing valuable nutrients and moisture that the roots depend on. Adding fill during the grading process will almost always smother tree roots in the soil below. Trucking or bulldozing 1 in extra soil results in incidental soil compaction. Vehicles, construction equipment, stored supplies, and even foot traffic all cause soil compaction which cuts off oxygen the tree needs to absorb nutrients and can lead to the death of a tree. Trenching to install utilities or irrigation lines involves digging from the surface down to a prescribed depth, usually 2 feet or more below the surface of the soil. Since the majority of tree roots are concentrated in the top 3 feet of soil, trenching within the root zone of the tree inevitably severs roots. The closer the pass to the trunk of the tree, the greater the percentage of roots effected. Remember, a tree only grows between 4 and 11 major roots. The damage is further magnified by trenching equipment that rip and crush roots leaving large, traumatic wounds that are difficult to heal, and offer gapping points of entry for insects and disease. A combination of mistakes during construction can compound the stress to the tree. Assume that a couple of major roots are destroyed during trenching and a portion of absorption roots are crushed when a vehicle is allowed to pass within the dripline of the tree. The tree has the same amount of crown to feed with possibly 25% less roots needed to absorb moisture and nutrients. As a result, a portion of the crown declines F 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. As a general rule, it is important to stay outside of the limits of a tree's canopy. This means keeping foot traffic, truck traffic, and even the storage of supplies away from the protected area. Be sure to communicate to everyone involved in the construction process the importance of staying clear of the fenced areas. If you are serious about saving certain trees, you may reconsider the design of your improvements, so plan for this in advance. 1 100 I ,I I I I [l I I I C I I I I 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 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: Paper Birch Betula papyrifera Redbud Cercis canadensis Fringetree Chionanthus virginicus Mockernut Hickory Carya tomentosa Shagbark Hickory Carya ovata Bitternut Hickory Carya cordiformis Yellow -wood Cladrastis lutea White Oak Quercus alba Post Oak Quercus stellata Flowering Dogwood Magnolia species Corpus florida Magnolia ssp. Beech species Crabapple Fagus spp. Ma/us ssp. Carolina Silverbell American Hop -hornbeam Halesia carolina Ostrya virginiana x' tk' Witch -hazel Sourwood Hamamelis virginiana Oxydendrum arboreum Black Walnut Spruce species Juglans nigra Picea ssp. Sweetgum White Pine Liquidambar styraciflua Pinus strobus Tulip Tree Liriodendron tulipifera Scarlet Oak Quercus coccinea Slippery Elm Ulmus rubra Black Cherry Prunus serotina Southern Red Oak Quercus Falcata 101 1 I I I I I I I I I I 1 City of Fayetteville Landscape Manual Pre Construction Preventive measures are very helpful in protecting trees through the construction process. Awareness of what trees are going to be preserved and their preconstruction condition will give the caretaker better knowledge of how to protect the tree during construction and what measures to take after construction. For that reason a pre construction survey is needed; a tree survey will provide the basis for after construction treatment. A predevelopment survey will also identify any undesirable trees that can be removed and locate any rare or important trees that need extra care. The more detailed the initial analysis, the better a person can manage the actions that need to be taken before, during, and after construction. One of the best ways to manage existing trees in construction is communication with the contractor. Just telling the contractor which trees need to be saved is only the beginning. The developer or owner needs to communicate why certain construction practices are detrimental and periodically monitor progress to insure existing trees are not damaged. There are several practices that can be done to a tree to prepare it for the stress related to construction. Construction of a tree protection fence (See full page detail on pg. 107) The single most important element in protecting trees. The fence should extend at least to the edge of the drip line, farther if possible A Plan view I. 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 1 102 a. 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. I. Construction of a fill/ aeration system (See full page detail on pg. 108) This system allows for gas exchange between roots and the atmosphere, otherwise not possible when soil is compacted and/or paving is applied. 1 IAiGF. ` F F ♦jf 1 np R 4q AF Fwp FR AF 4e/(i4 4AR N'4 j4Fh 'x5. i?c" B min.p Wall with nab M.nit Existing Gentle ImiaM1 Grade IPo6ng (� I II ^ rScreened vent cap I.I? Crushed stone 1 �ll Drain to daylight 4 perforoted Pipe min. �— Wrapped in geotevtile fabric Width of tree crown or larger The following attached table was taken from Trees and DevelopmentATechnical Guide to Preservation of Trees During Land Development titled Major construction impacts, construction activities, and methods to minimize tree damage. 1 1 103 I I F I I I I [_I I I I I I I I 104 City of Fayetteville Landscape Manual L. Impacts to tree Construction activity Methods/Treatments to minimize damage Root loss Stripping site of organic surface •Restrict stripping of topsoil soil before grading; clearing around trees unwanted vegetation; demolishing Install fences to protect existing structures trees from injury • Any woody vegetation should be cut level with ground and not pulled up by roots Lowering grade, scarifying, Before grading, root prune preparing subgrade for fill and tree at edge of excavation to structures depth required • Soil beyond cut face can be removed by equipment sitting outside of dripline • Use retaining walls with discontinuous footings to increase the distance that natural grade is maintained Preparing subgrade for pavement Use paving section requiring a minimum amount of excavation • Minimize thickness of pavement by directing heavy traffic away from trees • Increase strength of pavement to reduce reliance on subgrade for strength Excavation for footings, walls, Avoid continuous footings foundations adjacent to trees • Use pier foundations with beams above grade instead of slab • Orient piers to avoid major roots • Excavate by hand, bridging roots where possible • Where roots must be removed, cut cleanly with appropriate tools, saw, not backhoe or trencher Trenching for utilities, drains •Avoid open trenching in root area Ti t I U I I I I I I I I I I I 1 L� I I •City of Fayetteville Landscape Manual Impacts to Construction activity Methods/Treatments to tree minimize damage Wounding Injury from equipment crown of tree Creating clearance for building, traffic, construction equipment Unfavorable Compacted surface soils conditions for root growth; chronic stress from reduced root system Spills, waste disposal Soil sterilants (herbicides) applied over pavement Impervious pavement over soil surface Inadequate soil Rechannelization of stream flow; moisture redirecting runoff; lowering water table; lowering grade • 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 dripline • 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 it'll I I I I I 1 I II I I I i F Ii 1 I 1 I I Impacts to tree Excess soil moisture Increased exposure 106 City of Fayetteville Landscape Manual ft Construction activity Underground flow backup; raising water table Lack of surface drainage away from tree Irrigation of exotic plants Thinning stands, removal of undergrowth Reflected heat from surrounding hard surfaces Pruning Methods/Treatments to minimize damage Fills placed across drainage courses must have culverts placed at the bottom of the low flow so that water is not backed up upstream Study the geotechnical report for ground water characteristics to see that walls and fills will not intercept underground flow Where surface grades are to be modified, make sure that water will flow away from the trunk. If tree is in low point, design drain system with least impact to roots Match irrigation requirements of tree and understory landscape to avoid over irrigation Retain forest trees in groves rather than singly Maintain natural undergrowth Minimize use of hard surfaces around trees. Monitor moisture needs where water use is expected to increase Avoid severe pruning where previously shaded bark would be exposed to sun. I I I I 1 I I I I I I I I I I 1 1 _City of Fayetteville Landscape Manual 0 d morlmum space Plan view Gonge Cp tvelon Ien[e. Wrb .e. w .ie them .nth flogpinq w Rnne rent. leeaIbn (limit. al Craico, Root ram) Rodus - I II. per inch of Irunh da. City of Fayetteville Standard Notes For Tree and Natural Area Protection 1. All trees and natural areas shown on this plan to be preserved shall be protected during construction with temporary fencing 2. Protective fences shall be erected according to City of Fayetteville standards for tree protection 3. Protective fences shall be installed prior to the start of any site preparation work and shall be maintained throughout all phases of the construction project 4. Erosion and sedimentation control barriers shall be installed or maintained in a manner which does not result in soil build-up within tree driplines 5. Protective fences shall surround the trees or group of trees, and will be located at the dripline, for natural areas, protective fences shall follow the limit of construction line, in order to prevent the following: A. Soil compaction in the root zone area resulting from vehicular traffic or storage of equipment B. Root zone disturbances due to grade changes (greater than 6") or trenching not reviewed by city arborist C. wounds to exposed roots, trunk or limbs by mechanical equipment D. other activities detrimental to trees such as chemical storage, cement truck cleaning. & fires 6. Exceptions to Installing fences at tree driplines may be permitted 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 dripline, erect the fence at the outer limits of the permeable paving area (prior to site grading so that this area is graded separately prior to paving Installation to minimize root damage) C. Where trees are close to proposed buildings. erect the fence to allow 6 to 10 feet of work space between the fence and the building 0. Where there are severe space constraints due to tract size, or other special requirements 7. Where any of the above exceptions result in a fence being closer than 4 feet to a tree trunk, protect the trunk with strapped on planking to a height of 8 feet ( or limits of lower branching) in addition to the reduced fencing provided 8. Trees approved for removal shall be removed in a manner which does not impact trees to be preserved 9. Any roofs exposed by construction activity shall be pruned Rush with the soil. Backlll root areas with good quality top soil as soon as possible. If exposed root areas are not backfilled within 2 days, cover them with organic material In a manner which reduces soil temperature and minimizes water loss due to evaporation 10. Any trenching required for the installation of landscape irrigation shall be placed as far from existing tree trunks as possible 11. No landscape topsoil dressing greater than 4 inches shall be permitted within the dripline of trees. No soil is permitted on the root flare of any tree 12. Pruning to provide clearance for structures, vehicular traffic, and equipment shall take place before construction begins 13. All finished pruning must be done according to recognized, approved standards of the industry (reference the National Arborist Association Pruning Standards for Shade Trees available upon request from the city arborist) 14. Deviations from the above notes may be considered ordinance violations if there is substantial non-compliance or if a tree sustains damage as a result 107 1 •.:rt m.. .V ClW au v..w -uvavu ax r.va.yu: Iu.v.+rV �. __x:[�.. _z... r -___ate _ >.. .. -.. ��..r as .. ..r...�v.�e v.. �anrar.m..e. .. ... Wall with no� n Existing Grade Finish Grade tooling �l ) 5creened vent cap Crushed stone 1(I j Drain to daylight 4" perforated pipe min. Wrapped in geotextile fabric Width of tree crown or -Width of tree crown largerr Fill aeration system 108 I b City of Fayetteville Landscape Manual I I I 1 [I [1 1 I I I I 0 0 �� 0 0 q o0 00 0 0cp O �v Q o� 0 0 00 613 OOOO coo 0 t° o 0 0 000 ` 0 C 8 0 400 0 0cb0 000 0 0 w Ooo�Qb0 0 0a 0 0 0 0 00 o 0 a 0 0 �� 1111-411\ o �`ir O 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 tree root system Post signs to direct worker's traffic over the temporary bridge / Timbers ` _ or support structure should run parallel with root system Temporary bridge 109 I I I J I I I 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 I. Attack from borers and other pests • Small leaves • Leaf scorch I. Leaf wilt • Early fall defoliation and coloration • Heavy seeding I I I I Once the problem that is causing unwanted stress on preserved trees is identified, maintenance can be executed. Sadly there is little a homeowner, or even an arborist, can do once major damage has been inflicted. Common practices to reduce construction stress are as follows: • Irrigation • Pruning • Mulching • Fill soil removal • Pest management • Fertilization • Tree removal The most common problem in construction impact is soil compaction. This subject deserves further explanation because of the variety in methods used to reverse compaction's negative effects on trees. Soil that is compacted prevents aeration, permeability, and nutrient absorption. Several processes are highlighted in better detail in Trees and Development by Matheny and Clark. Most of the processes to help trees should be carried out by a licensed arborist, not by the contractor. See the appendix on contacts to locate a qualified person. I I 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) 1 pR Fo 1 FF' yF 5�y J� O R. ��y. F F F O �R' F'l�' F� 0 6 O MFII H l F O 0 0 I I I I I I [1 I [1 Radial trenching First identify location of anchor roots, trench between them and backfill (best results) 111 City of Fayetteville Landscape Manual I 1 I I I I I I I I I I I I 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. 1 112 ° °a °nom AY' Oon CQ .p OO o Cq a - 0 �09 o o OOO ° e�A$'Qb 9 °o oo ° p m O OoO 0 �0. 0 � OO O ° Utility line placed '� Utility line placed with borer with trencher Root system is protected by boring. II trenching is unavoidable. then make clean. smooth cuts. I COMMERCIAL INSURANCE COMMON POLICY DECLARATIONS - +'Policy Number OCP 2836633-00 Named Insured and Mailing Address CITY OF FAYETTEVILLE ARKANSAS 113 WEST MOUNTAIN FAYETTEVILLE AR 72701 II S Renewal of Number NEW Producer and Mailing Address IMA OF KANSAS, INC. PO BOX 1537 TOPEKA KS 66601-1537 Producer Code 37072-000 Policy Period: Coverage begins 02-15-06 at 12:01 A.M.; Coverage ends 04-30-06 The named insured is ❑ Individual ❑ Partnership ❑ Corporation O Other: OTHER at 12:01 A.M. This insurance is provided by one or more of the stock insurance companies which are members of the Zurich -American Insurance Group. The company that provides coverage is designated on each Coverage Part Common Declarations. The company or companies providing this insurance may be referred to in this policy as 'The Company, we, us, or our. The address of the companies of the Zurich -American Insurance Group are provided on the next page. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE(S): GENERAL LIABILITY COVERAGE PREMIUM $ 2,720.00 issued by ZURICH AMERICAN INSURANCE COMPANY PLEASE RETAIN THIS POLICY IN YOUR PERMANENT RECORDS THIS PREMIUM MAY BE SUBJECT TO AUDIT. TOTAL $ 2, 720.00 This premium does not include Taxes and Surcharges. SEE INSTALLMENT SCHEDULE Taxes and Surcharges TOTAL $ The Form(s) and Endorsement(s) made a part of this policy at the time of issue are listed on the SCHEDULE of FORMS and ENDORSEMENTS. 1 Countersigned this 3 day of �t ZOOCo ,. Authorized Repreunbti e THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CUNUI I IONS, UOVtKAUL YAK I UtULAKAI IONS, UUVtKAUt PAKI FORM(S), FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. INSURED COPY U -GU -D31 O -A (01 /93) Page 1 of t THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. DISCLOSURE OF PREMIUM (RELATING TO DISPOSITION OF TRIA) SCHEDULE* (1) Premium attributable to risk of loss from certified acts of terrorism through the end of the policy period based on the extension of the Terrorism Risk Insurance Act of 2002 ('TRIA"): 1% OF POLICY PREMIUM If TRIA terminates, the portion of this premium attributable to the remaining part of the policy period, as modified by any change shown in (2) of this Schedule, applies to the risk of loss from terrorism after the termination of TRIA. (2) Premium change upon termination of TRIA or upon applicability of a Conditional Endorsement: No change unless one of the following is completed - S 0 Return Premium: N/A Additional Premium: N/A additional premium will *Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Disclosure of Premium In accordance with the federal Terrorism Risk In- surance Act of 2002 ('TRIA"), we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to the risk of loss from terrorist acts certified under that Act. That portion of your premium attributable is shown in the Schedule of this endorsement or in the Declarations. B. Disclosure of Federal Participation in Payment of Terrorism Losses The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the federal program. The federal share equals 90% of that portion of the amount of such insured losses that exceeds the applicable insurer retention. The Act currently provides for no insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. The federal program established by the Act is scheduled to terminate at the end of 12/31/05 unless extended by the federal government. C. Possibility of Additional or Return Premium The premium attributable to the risk of loss from certified acts of terrorism coverage is calculated based on the coverage (if any) in effect at the beginning of your policy for certified acts of terrorism. If your policy contains a Conditional Endorsement, the termination of TRIA or extension of the federal program with certain modifications (as explained in that endorsement) may modify the extent of coverage (if any) your policy provides for terrorism. If TRIA terminates or the Conditional Endorsement becomes applicable to your policy, the return premium (if any) or additional premium (if any) shown in (2) of the Schedule will apply. If the level or terms of federal participation change, the premium shown in (1) of the Schedule attributable to that part of the policy period extending beyond such a change may not be appropriate and we will notify you of any changes in your premium. Includes copyrighted material of ISO Properties, Inc with its permission. U•GU-692-A CW (08/04) Copyright Zurich American Insurance Company 2004 Page I of 1 INSURED COPY Important Notice - In Witness Clause In return for the payment of premium and subject to all the terms of the policy, we agree with you to provide insurance as stated in this policy. This policy shall not be valid unless countersigned by the duly authorized Representative of the Company. In Witness Whereof, this Company has executed and attested these presents and, where required by law, has caused this policy to be countersigned by its duly authorized Representative. • President Zurich American Insurance Company American Guarantee and Liability Insurance Company American Zurich Insurance Company Zurich American Insurance Company of Illinois Administrative Offices Zurich Towers 1400 American Lane Schaumburg, Illinois 60196-1056 Corporate Secretary QUESTIONS ABOUT YOUR INSURANCE? Your agent or broker is best equipped to provide information about your insurance. Should you require additional information or assistance in re- solving a complaint, call or write to the following (please have your policy or claim number ready): Zurich North America Customer Inquiry Center 1400 American Lane Schaumburg, Illinois 60196-1056 1-800-382-2150 (Business Hours: 8 a.m. - 4 INSURED COPY U -GU -319-E (5/96) Pagel of l 0 INSTALLMENT PREMIUM SCHEDULE The total premium shown in the Declarations of this policy is made payable in installments, on the dates and in the amounts shown below. NAMED INSURED POLICY NUMBER CITY OF FAYETTEVILLE ARKANSAS OCP 2836633-00 Failure to pay the Installment Premium by the Date Due shown shall constitute non-payment of premium for which we may cancel this policy. U -GU -4O6 -A (07/94) INSURED COPY - PAGE 1 OF 1 Policy Number OCP 2836633-00 S C0 SCHEDULE OF FORMS AND ENDORSEMENTS ZURICH AMERICAN INSURANCE COMPANY • Named Insured CITY OF Agent Name IMA OF FAYETTEVILLE ARKANSAS Effective Date: 02-15-06 12:01 A.M., Standard Time KANSAS, INC. Agent No. 37072-000 S. COMMON POLICY FORMS AND ENDORSEMENTS U -GU -692-A CW 08-04 DISCLOSURE OF PREMIUM (RELATING TO TRIA) U -GU -D -310-A 01-93 COMMON POLICY DECLARATIONS U -GU -319-E 05-96 IN WITNESS CLAUSE U -GU -406-A 07-94 INSTALLMENT PREMIUM SCHEDULE U -GU -619-A CW 10-02 SCHEDULE OF FORMS AND ENDORSEMENTS IL 00 21 07-02 NUCLEAR ENERGY LIABILITY EXCLUSION ENDT IL 01 99 07-02 ARKANSAS CHANGES IL 00 03 07-02 CALCULATION OF PREMIUM GENERAL LIABILITY FORMS AND ENDORSEMENTS UGL1179ACW 07-03 ASBESTOS EXCLUSION ENDORSEMENT UGL1181ACW 07-03 FUNGI OR BACTERIA EXCLUSION ENDT U -GL -495-A CW 01-93 OCP LIABILITY LOCATION SCHEDULE U -GL -D -275-B CW 01-93 OWNERS CONTRACTORS PROTECTIVE LIAB DEC .0 -GL -1113-A CW • 10-02 COMM GENERAL LIABILITY COVERAGE SCHEDULE CG 00 09 12-04 OCP COVERAGE FORM -DESIGNATED CONTRACTOR CG 20 31 07-04 ADDL INSRD-ENGRS, ARCHTS OR SURVEYORS CG 26 44 12-04 AR CHANGES - NON -BINDING ARBITRATION CG 28 04 10-93 EARLIER NOTICE OF CANCEL PROVIDED BY US CG 29 23 11-01 ARKANSAS CHANGES CG 29 51 01-96 EMPLOYMENT REL PRACTICES EXCL U -GU -619-A CW (10/02) INSURED COPY • IL00210702 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION• ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 0 .to 1. The insurance does not apply: A. Under any Liability Coverage, to "bodily injury" or "property damage': (1) With respect to which an "insured' under the policy is also an insured under a nu- clear energy liability policy issued by Nu- clear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwrit- ers; Nuclear Insurance Association of Can- ada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of li- ability; or - (2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is re- quired to maintain financial protection pur- suant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "in- sured" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organi- zation. B. Under any Medical Payments coverage, to expenses incurred -with respect to "bodily in- jury. resulting from the °hazardous properties" of "nuclear material" and arising out of the op- eration of a "nuclear facility' by any person or organization. C. Under any Liability Coverage, to "bodily injury or "property damage' resulting from "hazardous properties" of "nuclear material", if: (1) The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on be- half of, an "insured" or (b) has been dis- charged or dispersed therefrom; (2) The "nuclear material" is contained in "spent fuel' or "waste" at any time possessed, han- dled, used, processed, stored, transported or disposed of, by or on behalf of an "in- sured"; or (3) The "bodily injury or "property damage" arises out of the furnishing by an "insured" of services, materials,. parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nu- clear facility, but if such facility is located within the United States of America, its terri- tories or possessions or Canada, this ex- clusion (3) applies only to "property dam- age' to such "nuclear facility" and any property thereat. IL 00 21 0702 © ISO Properties, Inc., 2001 Page 1 of 2 O INSURED COPY 2. As used in this endorsement: 'Hazardous properties" includes radioactive, toxic or explosive properties. 'Nuclear material" means "source material", 'Special nuclear materialor 'by-product material'. 'Source material', 'special nuclear material', and 'by-product material' have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. 'Spent fuel" means any fuel element or fuel com- ponent, solid or liquid, which has been used or exposed to radiation in a 'nuclear reactor'. 'Waste" means any waste material (a) containing 'by-product material" other than the tailings or wastes produced by the extraction or concentra- tion of uranium or thorium from any ore processed primarily for its source material' content, and (b) resulting from the operation by any person or or- ganization of any 'nuclear facility' included under the first two paragraphs of the definition of "nu- clear facility". "Nuclear facility" means: (a) Any "nuclear reactor'; (b) Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel', or (3) handling, processing or packaging 'waste"; Page 2 of 2 (c) Any equipment or device used for the proc- essing, fabricating or alloying of 'special nuclear material' if at any time the total amount of such material in the custody of the 'insured' at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto- nium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (d) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the forego- ing is located, all operations conducted on such site and all premises used for such operations. 'Nuclear reactor' means any apparatus designed or used to sustain nuclear fission in a self- supporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all forms of radioactive contamination of property. © ISO Properties, Inc., 2001 IL 00 21 07 02 0 • n INSURED COPY IL 0199 07 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARKANSAS CHANGES - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US• This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART FARM LIABILITY COVERAGE FORM FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY r The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: We will be entitled to recovery only after the insured ("insured") has been fully compensated for the loss or damage sustained, including expenses incurred in obtaining full compensation for the loss or damage. 11 01 99 07 02 © ISO Properties, Inc.; 2001 Page 1 of 1 O INSURED cOPY 1100030702 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE PART CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART - EMPLOYMENT -RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following is added: • The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued. On each renewal, continuation, or anniversary of the effective date of this policy, we will compute the premium in accordance with our rates and rules then in effect. • 1100030702 © ISO Properties, Inc., 2001 Page 1 of 1 0 INSURED COPY St Asbestos Exclusion Endorsement Policy No. Eff. Date of Pot Exp. Date of Pot Eff. Date of End. Producer Add'L Prem Return Prem. $ $ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Products/Completed Operations Liability Coverage Part Owners and Contractors Protective Liability Coverage Part Railroad Protective Liability Coverage Part The following exclusion is added to paragraph 2. Exclusions of Section I - Coverages — Bodily Injury And Property Damage Liability: 2. Exclusions This insurance does not apply to: Asbestos A. "Bodily injury" or "property damage" arising out of or which would not have occurred, in whole or in part, but for the actual, alleged or threatened discharge, dispersal, release, leakage, leaching, friability, flaking, escape or presence of asbestos, regardless of whether any other cause, event, material or product contributed concurrently or in any se- quence to the injury or damage; or B. Any sums that any insured or other entity must pay, repay or reimburse because of any: 1. Request, demand, order, statutory or regulatory requirement, direction or determination that any insured or others test for, investigate, monitor, clean up, remove, study, contain, treat, encapsulate, control or take any other action regarding asbestos; or 2. Claim or "suit" for damages arising out of or relating in any way to any request, demand, order, statutory or regulatory requirement, direction or determination that any insured or others test for, investigate, monitor, clean up, remove, study, contain, treat, encapsulate, control or take any other action regarding asbestos; or C. Any other loss, cost or expense arising out of or relating in any way to asbestos. 0 U-GL11179 - A CW (7/03) Page 1 of 1 INSURED COPY Fungi Or Bacteria Exclusion Endorsement Policy No. Eff. Date of Pol. Exp. Date of PoL Eff. Date of End. Producer Add'I. Prem Return Prem. $ $ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Products/Completed Operations Liability Coverage Part Owners and Contractors Protective Liability Coverage Part Railroad Protective Liability Coverage Part The following exclusion is added to paragraph 2. Exclusions of Section I. — Coverages — Bodily Injury And Property Damage Liability: 2. Exclusions This insurance does not apply to: Fungi or Bacteria A. "Bodily injury" or "property damage" caused directly or indirectly by the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of any: 1. 'Fungi"or bacteria'; or 2. Substance, vapor or gas produced by or arising out of any "fungi" or 'bacteria". r B. Loss, costs or expenses arising out of the abating, testing for, monitoring, leaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of, "fungi" or 'bacteria', by any insured or by any other person or entity. r C. For the purposes of this exclusion, the following definitions are added: 1. "Fungi" means any type or form of fungus, including mold or mildew and any mycotoxins, "spores", scents or by- products produced or released by fungi. 2. "Spores" means reproductive bodies produced by or arising out of 'fungi". 3. "Bacteria" means any type or form of bacteria and any materials or substances that ate produced or released by bacteria. This exclusion does not apply to any "fungi" or 'bacteria" that are, are on, or are contained in, an edible good or edible product intended for human or animal consumption. U -GL -1181-A CW (7/03) INSURED COPY Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. - ______ OWNERS AND CONTRACTORS PROTECTIVE LIABILITY LOCATION SCHEDULE Policy Number OCP 2836633-00 I• Location of Covered Operations Loc. Description of No. (Address, City, State, Zip Code) Operation FAYETTEVILLE, ARKANSAS WEDINGTON DRIVE WATER/ SEWER MAIN REPLACEMENT t INSURED COPY U -GL -495-A CW (01 /93) Page 1 Last page OWNERS AND CONTRACTORS PROTECTIVE LIABILITY DECLARATIONS Insurance for this coverage part provided by: ZURICH AMERICAN INSURANCE COMPANY OCCURRENCE COVERAGE Policy Number OCP 2836633-00 This policy provides only the coverage for which a Limit of Insurance is shown on these Declarations, and for which a Coverage Formis made a part of this policy, except as specifically excluded. OCP Liability Premium Audit Period: NOT APPLICABLE Limits of Insurance Aggregate Limit $ 2,000,000 Each Occurrence Limit $ 1,000,000 Contractor and Mailing Address: CROSSLAND HEAVY CONTRACTORS, INC. P.O.BOX 350 COLUMBUS, KS 66725 • U -GL -O.275 -B CW (01/93) PAGE 1 OF1 INSURED COPY Policy Number • OCP 2836633-00 COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE ZURICH AMERICAN INSURANCE COMPANY Named Insured CITY OF FAYETTEVILLE ARKANSAS Effective Date: 02-15-06 12:01 A.M., Standard Time Agent Name IRA OF KANSAS, INC. Agent No. 37072-000 Item 5. Location of Premises • Location of All Premises You Own, Rent or Occupy: • See Schedule of Locations Code No. I Premium Basis • • 16292 PER 1,000 OF TOTAL COST Premises/Operations Location 001 . Exposure $ 1,591,426 Rate Premium Classification: $ 1.692 $ 2,693.00 OCP — CONSTRUCTION OPERATIONS - OWNER (NOT RAILROADS) - EXCLUDING OPERATIONS ON BOARD SHIPS Products/Completed Operations Rate Premium EXCLUDED Code No, Premium Basis Premises/Operations • • Location Exposure Rate Premium Classification: $ 27.00 FEDERAL TERRORISM — CAT Products/Completed Operations Rate Premium Code No. Premium Basis Premises/Operations Location Exposure Rate Premium Classification: Products/Completed Operations Rate Premium Code No. Premium Basis Premises/Operations Location Exposure Rate Premium Classification: • • Products/Completed Operations Rate Premium U -GL -1113-A CW (10/02) . INSURED COPY COMMERCIAL GENERAL LIABILITY CG 00 09 12 04 OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM - COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR Various provisions of this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words 'we', "us" and "our" refer to the Company providing this insurance. The word 'insured' means any person or organization qualifying as such under Section II — Who Is An In- sured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I —COVERAGES BODILY INJURY AND PROPERTY DAMAGE LIABILITY - 1. Insuring Agreement • a. We will pay those sums that.the insured be- comes legally obligated to pay as damages be- cause of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit' seeking damages for "bodily injury" or "property damageto which this insurance does not apply. We may, at our discretion, in- vestigate any 'occurrence' and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up. the applicable limit of insur- ance in the payment of judgments or set- tlements. No other obligation or liability,to pay'sums or perform acts or services is covered unless ex- plicitly provided for under Supplementary Pay- ments. 0 b. This insurance applies to "bodily injury" and °property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" and arises out of: (a) Operations performed for you by the "contractor" at the location specified in the Declarations; or (b) Your acts or omissions in connection with the general supervision of such op- erations; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II —Who Is An Insured and no "employee" authorized by you to give or receive notice of an 'oc- currence" or claim, knew that the "bodily in- jury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized 'employee' knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any con- tinuation, change or resumption of such "bodily injury' or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. 'Bodily injury or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have oc- curred by any insured listed under Paragraph 1. of Section II — Who Is An Insured or any 'employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption of that "bodily injury or "property damage" after the end of the policy period. CG 00 09 12 04 © ISO Properties, Inc., 2003 Page 1 of 9 ❑. INSURED COPY d. 'Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed un- der Paragraph 1. of Section II — Who Is An In- sured or any 'employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the 'bodily injury" or "property damage" to us or any other in- surer; (2) Receives a written or verbal demand or claim for damages because of the 'bodily in- jury" or "property damage"; or (3) Becomes aware by any other means that 'bodily injury or "property damage" has oc- curred or has begun to occur. e. Damages because of "bodily injury include damages claimed by any person or organiza- tion for care, loss of services or death resulting at any time from the "bodily injury. 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury' or "property damage expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury' resulting from the use of reasonable force to protect persons or property. b. Contractual Liability 'Bodily injury' or "property damage' for which the insured is obligated to pay damages by reason of the assumption of liability in a con- tract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury or "property damage" occurs subse- quent to the execution of the contract or agreement. Solely for the purposes of liabil- ity assumed in an insured contracts, rea- sonable attorney fees and necessary litiga- tion expenses incurred by or for a party other than an insured are deemed to be damages because of 'bodily injury or 'property damage', provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contracts; and (b) Such attorney fees and litigation ex- penses are for defense of that party against a civil or alternative dispute reso- lution proceeding in which damages to which this insurance applies are alleged. c. Work Completed Or Put To Intended Use "Bodily injury" or "property damage" which oc- curs after the earlier of the following times: (1) When all "work" on the project (other than service, maintenance or repairs) .to be per- formed for you by the "contractor" at the site of the covered operations has been completed; or (2) When that portion of the 'contractor's" "work', out of which the injury or damage arises, has been put to its intended use by any person or organization, other than an- other contractor or subcontractor working directly or indirectly for the "contractor' or as part of the same project. d. Acts Or Omissions By You And Your Employees "Bodily injury or 'property damage" arising out of your, or your "employees", acts or omissions other than general supervision of "work" per- formed for you by the "contractor". e. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemploy- ment compensation law or any similar law. f. Employer's Liability "Bodily injury" to: (1) An "employee' of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay dam- ages because of the injury. This exclusion does not apply to liability as- sumed by the insured under an "insured con- tract'. • Page 2 of 9 © ISO Properties, Inc., 2003 INSURED DOPY CG00091204 O g. Damage To Property (ii) 'Bodily injury or 'property damage' • 'Property damage' to: arising out of heat, smoke or fumes (1) Property you own, rent, or occupy, includ- ing from ahostile fire'; ' any costs or expenses incurred by you, (b) At or from any premises, site or location or any other person, organization or entity, which is or was at any time used by or for repair, replacement, enhancement, res- for any insured or others for the han- toration or maintenance of such property dling, storage, disposal, processing or for any reason, including prevention of in- treatment of waste; jury to a person or damage to another's (c) Which are or were at any time trans - property; ported, handled, stored, treated, dis- (2) Property loaned to you; posed of, or processed as waste by or for: (3) Personal property in the care, custody or control of the insured; or (i) Any insured; or (4) 'Work' performed for you by the 'contrac- (ii) Any person or, organization for tor'. whom you may be legally responsi- ble; or h. War 'Bodily injury' or 'propertydamage, however (d) At or from any premises, site or location 1 ry 9 on which any insured or any contractors caused, arising, directly or indirectly, out of: or subcontractors working directly or (1) War, including undeclared or civil war; indirectly on any insured's behalf are (2) Warlike action by a military force, including performing operations if the 'pollutants' action in hindering or defending against an are brought on or to the premises, site actual or expected attack, by any govern- or location in connection with such op- ment, sovereign or other authority using erations by such insured, contractor or military personnel or other agents; or subcontractor. However, this subpara- graph does not apply to: (3) Insurrection, rebellion, revolution, usurped i "Bodil injury' or 'property dama e' power, or action taken by governmental au- �) Yof 9 thority in hindering or defending against arising out of the escape of fuels, lu- any of these. bricants or other operating fluids • which are needed to perform the i. Mobile Equipment - normal electrical, hydraulic or me - "Bodily injury or "property damage" arising out chanical functions necessary for the of the use of 'mobile equipment' in, or while in operation of "mobile equipment" or its practice for, or while being prepared for, any parts, if such fuels, lubricants or prearranged racing, speed, demolition, or other operating fluids escape from a stunting activity, vehicle part designed to hold, store j. Pollution or receive them. This exception does not apply if the "bodily injury or (1) "Bodily injury" or "property damage" arising "property damage" arises out of the out of the actual, alleged or threatened dis- intentional discharge, dispersal or re- charge, dispersal, seepage, migration, re- lease of the fuels, lubricants or other lease or escape of 'pollutants': operating fluids, or if such fuels, lu- (a) At or from any premises, site or location bricants or other operating fluids are which is or was at any time owned or brought on or to the premises, site occupied by, or rented or loaned to, any or location with the intent that they insured. However, this subparagraph be discharged, dispersed or released does not apply to:. as part of the operations being per- formed by such insured, contractor (i) 'Bodily injury" if sustained within a or subcontractor; building and caused by smoke, (ii) "Bodily injury or "property damage" fumes, vapor or soot produced by or originating from, equipment that is sustained within a building and used to heat, cool or dehumidify the caused by the release of gases, building, or equipment that is used to fumes or vapors from materials • heat water for personal use, by the brought into that building in connec- building's occupants or their guests; tion with operations being performed by or on behalf of any insured; or CG 00 09 12 04 © ISO Properties, Inc., 2003 INSURED COPY Page 3 of 9 O (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a 'hostile fire". (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, re- move, contain, treat, detoxify or neutral- ize, or in any way respond to, or assess the effects of "pollutants". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, re- move, contain, treat, detoxify or neutral- ize, or in any way respond to, or assess the effects of "pollutants'; or (b) Claim or suit by or on behalf of a gov- ernmental authority for damages be- cause of testing for, monitoring, clean- ing up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of "pollutants". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or 'suit" by or on behalf of a govern- mental authority. k. Damage To Impaired Property Or Property Not Physically Injured 'Property damage" to 'impaired property or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or danger- ous condition in "workperformed for you by the "contractor"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "work' per- formed for you by the "contractor". I. Electronic Data As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices of any other media which are used with electronically controlled equipment. SUPPLEMENTARY PAYMENTS 1. We will pay, with respect to any claim we investi- gate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which this •insurance applies. We do not have to fur- nish these bonds. C. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the in- sured at our request to assist us in the investi- gation or defense of the claim or 'suit', includ- ing actual loss of earnings up to $250 a day because of time off from work. e. All costs taxed against the insured in the suit' f. Prejudgment interest awarded against the in- sured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment in- terest based on that period of time after the of- fer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and be- fore we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. h. Expenses incurred by the insured for first aid administered to others at the time of an acci- dent, for "bodily injury" to which this insurance applies. These payments will not reduce the limits of insur- ance. - 2. If we defend an insured against a 'suit' and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: • a. The suit' against the indemnitee seeks dam - Damages arising out of the loss of, loss of use ' ages for which the insured has assumed the Ii - of, damage to, corruption of, inability to ac- ability of the indemnitee in a contract or agree- cess, or inability to manipulate electronic data. ment that is an "insured contract'; • Page 4 of 9 © ISO Properties, Inc., 2003 CG 00 09 1204 ❑ 0 i b. This insurance applies to such liability assumed by the insured; C. The"obligation to defend, or the cost of the defense of, that indemnitee, has also been as- sumed by the, insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "occurrence' are such that no conflict appears to exist between the inter- ests of the insured and the interests of the in- demnitee; e. The indemnitee and the insured ask us to con- duct and control the defense of that indemnitee against such 'suit' and agree that we can as- sign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in. the investigation, settlement or defense of the "suit"; (b) Immediately send us :copies of any de- mands, notices, summonses or legal papers received in connection with the 'suit'; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coor- • dinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information • related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit'. 0 So long as the above conditions are met, attorneys fees incurred by us in the defense of that indem- nitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will, be paid as Supple- mentary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverages — Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for 'bodily injury" and "property damage' and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys fees and necessary litiga- tion expenses as Supplementary Payments ends when: ' a. We have used up the applicable limit of insur- ance in the payment of judgments or settle- ments; or b. The conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II —WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insur- eds. b. A partnership or joint venture, you are an in- sured. Your members, your partners, and their spouses are also insureds, but only with re- spect to their duties as partners or members of a joint venture. C. A limited liability company, you are an insured. Your members are also insureds, but only with respect to their duties as members of a limited liability company. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their du- ties as your officers or directors. Your stock- holders are also insureds, but only with respect to their liability as stockholders. 2. Each of the following is also an insured: a. Any person (other than your "employee") or any organization while acting as your real es- tate manager. b. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. c. Your legal representative if you die, but only with respect to duties as such. That representa- tive will have all your rights and duties under this Coverage Part. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III -LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay re- gardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". CG 00 09 12 04 © ISO Properties, Inc., 2003 Page 5 of 9 O 2. The Aggregate Limit is the most we will pay for the sum of damages because of all "bodily injury" and 'property damage. 3. Subject to 2. above, the Each Occurrence Limit is the most we will pay for the sum of damages be- cause of all "bodily injuryand 'property damage' arising out of any one "occurrence'. If you designate more than one project in the Declara- tions, the Aggregate Limit shall apply separately to each project. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the ,policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV — CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obliga- tions under this Coverage Part. 2. Cancellation a. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or deliv- ering to us advance written notice of cancella- tion. b. We may cancel this policy by mailing or deliver- ing to the first Named Insured and the'contrac- tor" written notice of cancellation at least: (1) 10 days before the effective date of cancella- tion if we cancel for non-payment of pre- mium; or (2) 30 days before the effective date of cancella- tion if we cancel for any other reason. c. We will mail or deliver our notices to the first Named Insured's and the °contractor's° last mailing address known to us. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e. If this policy is cancelled, we will send the "con- tractor' any premium refund due. If we cancel, the refund will be pro rata. If the first 'Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. I. If notice is mailed, proof of mailing will be suffi- cient proof of notice. 3. Changes This policy contains all the agreements between you, the "contractor' and us concerning the insur- ance afforded. The first Named Insured shown in the Declarations and the contractor" are author- ized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. 4. Duties In The Event Of Occurrence, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an 'occurrence' which may result in a claim. To the extent possible, notice should include: (1) How, when and where the °occurrence' took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the 'occurrence'. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any de- mands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain •records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit°: and (4) Assist us, upon our request, in the en- forcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. • • Page 6 of 9 © ISO Properties, Inc., 2003 CG 00 09 12 04 r. 5. Examination Of Your Books And Records 8. Other Insurance We may examine and audit your books and re- The insurance afforded by this Coverage Part is cords as well as the "contractor's" books and re- primary insurance and we will not seek contribu- cords as they relate to this policy at any time dur- tion from any other insurance available to you ing the policy period and up to three years unless the other insurance is provided by a con - afterward, tractor other than the designated "contractor" for 6. Inspections And Surveys the same operation and job location designated in the Declarations. Then we will share with that other a. We have the right to: insurance by the method described below. (1) Make inspections and surveys at any time; If all of the other insurance permits contribution by (2) Give you reports on the conditions we find; equal shares, we will follow this method also. Un- and der this approach, each insurer contributes equal • (3) Recommend changes. amounts until it has paid its applicable limit of in- surance or none of the loss remains, whichever b. We are not obligated to make any inspections, comes first. surveys, reports or recommendations and any If any of the other insurance does not permit con - such actions ythee po undertake relate urgonle . in- tribution by equal shares, we will contribute by lim- dorabtity and premiums to charged. not o. We its. Under this method, each insurer's share is • de not make safety inspections.dofWe y person uor based on the ratio of its applicable limit of insur- oertakze� tio perform tde duty of any osa or ance to the total applicable limits of insurance of all organization to provide for the health or safety of workers or the public. And we do not war- insurers. rant that conditions: 9. Premiums (1) Are safe or healthful; or The "contractor": (2) Comply with laws, regulations, codes or a. Is responsible for the payment of all premiums; standards. and c. Paragraphs a. and b. of this condition apply b. Will be the payee for any return premiums we • not only to us, but also to any rating, advisory, pay. rate service or similar organization which 10. Premium Audit makes insurance inspections, surveys, reports or recommendations. a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. d. Paragraph b. of this condition does not apply to any inspections, surveys, reports or recom- b. Premium shown in this Coverage Part as ad- mendations we may make relative to certifica- vance premium is a deposit premium only. At tion, under state or municipal statutes, ordi- the close of each audit period we will compute nances or regulations, of boilers, pressure the earned premium for that period and send vessels or elevators, notice to the "contractor". The due date for au- dit and retrospective premiums is the date 7. Legal Action Against Us shown as the due date on the bill. If the sum of No person or organization has a right under this the advance and audit premiums paid for the Coverage Part: - policy period is greater than the earned "contrac- a. Are - To join us as a party or otherwise bring us into mium, we will return the excess to the a "suit" asking for damages from an insured; or tor. b. To sue us on this Coverage Part unless all of c. The "contractor must keep records of the its terms have been fully complied with. information we need for premium computation, and send us copies at such times as we may A person or organization may sue us to recover request. on an agreed settlement or on a final judgment 11. Separation Of Insureds against an insured; but we will not be liable for damages that are not payable under the terms of Except with respect to the Limits of Insurance, and this Coverage Part or that are in excess of the ap- any rights or duties specifically assigned in this plicable limit of insurance. An agreed settlement Coverage Part to the first Named Insured, this in- • means a settlement and release of liability signed surance applies: by us, the insured- and the claimant or the claim- a. As if each Named Insured were the only Named ant's legal representative. Insured; and CG 00091204 © ISO Properties, Inc., 2003 Page 7 of 9 ❑ INSURED COPY b. Separately to each insured against whom claim is made or "suit" is brought. 12. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 13. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expi- ration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V -DEFINITIONS 1. "Automeans: a. A land motor vehicle, trailer or semitrailer de- signed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a com- pulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However, "auto" does not include "mobile equip- ment". 2. "Bodily injury means bodily injury, sickness or disease sustained by a person, including death re- sulting from any of these at any time. 3. "Contractor" means the contractor designated in the Declarations. 4. 'Employee' includes a "leased worker". "Employee" does not include a "temporary worker". 5. 'Executive officer" means a person holding any of the officer positions created by your charter, con- stitution, by-laws or any other similar governing document. 6. "Hostile fire" means one which becomes uncontrol- lable or breaks out from where it was intended to be. 7. "Impaired property" means tangible property, other than work performed for you, that cannot be used or is less useful because: a. It incorporates work performed for you that is known or thought to be defective, deficient, in- adequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of the work performed for you; or b. Your fulfilling the terms of the contract or agreement. 8. "Insured contract' means: a. A lease of premises; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition op- erations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; or e. An elevator maintenance agreement. 9. "Leased worker' means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your !business. "Leased worker" does not include a 'temporary worker". 10. "Mobile equipment" means any of the following types of land vehicles, including any attached ma- chinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, main- tained primarily to provide mobility to perma- nently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equip- ment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently at- tached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; I. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. • • • Page 8 of 9 © ISO Properties, Inc., 2003 INSURED copy CG 00 09 12 04 O However, self-propelled vehicles with the .fol- lowing types of permanently attached equip- ment are not 'mobile equipment" but will be considered 'autos': Road maintenance, or resurfacing; or (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators; including spraying, welding, building clean- ing, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered 'autos'. 'Occurrence" means an accident, including con- tinuous or repeated exposure to substantially the same general harmful conditions. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, re- conditioned or reclaimed. "Property damage" means: Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence' that caused it. For the purposes of this insurance, electronic data is not tangible property. As used in this definition, electronic data means in- formation, facts or programs stored as or on, cre- ated or used on, or transmitted to or from, com- puter software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. "Suit' means a civil proceeding, brought in the United States of America (including its territories and possessions), Puerto Rico or Canada, in which damages because of "bodily injury or "property damage" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such dam- ages are claimed and to which the insured must submit or does submit with our consent; b. Any other alternative dispute resolution pro- ceeding in which such damages are claimed and to which the insured submits with our con- sent. 'Temporary worker' means a person who is fur- nished to you to substitute for a permanent "em- ployee" on leave or to meet seasonal or short-term workload conditions. "Work' includes materials, parts or equipment furnished in connection with the operations. I L II COMMERCIAL GENERAL LIABILITY CO 20 31 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - ENGINEERS, ARCHITECTS OR SURVEYORS This endorsement modifies insurance provided under the following: . OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any architect, en- gineer or surveyor engaged by you, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by your acts or omissions or the acts or omissions of those act- ing on your behalf: 1. In connection with your premises; or 2. In the performance of your ongoing opera- tions. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sion applies: This insurance does not apply to "bodily injury" or "property damage" arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engi- neering activities. CO 20 31 07 04 © ISO Properties, Inc., 2004 INSURED COPY Page 1 of 1 O 0 • COMMERCIAL GENERAL LIABILITY CG 26 44 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARKANSAS CHANGES - NON -BINDING ARBITRATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTION LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY If we and the insured. do not agree whether coverage is provided under this Coverage Part or Policy fora claim made against the insured, both parties may, by mutual consent, agree in writing to arbitration of the disagreement. If both parties agree to arbitrate, each party will select an arbitrator. The two arbitrators will select a third. If they cannot agree within 30 days, both parties must request that selection be made by a judge of a court having jurisdiction. Each party will: 1. Pay the expenses it incurs; and 2. Bear the expenses of the third arbitrator equally. Unless both parties agree otherwise, arbitration will take place in the county or parish in which the ad- dress shown in the Declarations is located. Local rules of law as to procedure and evidence will apply. Any decision agreed to by the arbitrators may be appealed to a court of competent jurisdiction. CG 26 44 12 04 © ISO Properties, Inc., 2003 INSURED COPY Page 1 of 1 O 0 • POLICY NUMBER: OCP 2836633-00 COMMERCIAL GENERAL LIABILITY CG 28 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART SCHEDULE Number of Days' Notice 60 (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in paragraph b. of either the CANCELLATION Condition (Section IV —Conditions) or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. CG 28 04 10 93 Copyright, Insurance Services Office, Inc., 1992 INSURED COPY Page 1 of 1 O COMMERCIAL GENERAL LIABILITY CG 29 23 11 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARKANSAS CHANGES This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART A. Paragraph e. of the Cancellation Condition is re- B. The following is added to the Cancellation Condi- placed by the following: tion (Section IV): , e. (1) If this policy is cancelled, we will send the g. Cancellation of Policies in Effect More Than 60 "contractor' any premium refund due. Days. (2) We will refund the pro rata unearned pre- (1) If this policy has been in effect more than 60 mium if the policy is: days or is a renewal policy, we may cancel (a) Cancelled by us or at our request; only for one or more of the following rea- (b) Cancelled but rewritten with us or in our sons: group; (a) Nonpayment of premium;, (c) Cancelled because you no longer have (b) Fraud or material misrepresentation an insurable interest in the property or made by you or with your knowledge in business operation that is the subject of obtaining the policy, continuing the pot - this insurance; or icy or in presenting a claim under the policy; (d) Cancelled after the first year of a prepaid policy that was written for a term of more (c) The occurrence of a material change in • than one year. the risk which substantially increases any hazard insured against after policy (3) If the policy is cancelled at the request of issuance; the first Named Insured or the "contractor', other than a cancellation described in (2) (d) Violation of any local fire, health, safety, (b), (c) or (d) above, we will refund 90% of building or construction regulation or the pro rata unearned premium. However, ordinance with respect to any insured the refund will be less than 90% of the pro property or its occupancy which sub - rata unearned premium if the refund of such stantially increases any hazard insured amount would reduce the premium retained against under the policy; by us to an amount less than the minimum (e) Nonpayment of membership dues in premium for this policy, those cases where our by-laws, agree - (4) The cancellation will be effective even if we ments or other legal instruments require have not made or offered a refund. payment as a condition of the issuance and maintenance of the policy; or (5) If the first Named Insured or the 'contrac- torcancels this policy, we will retain the (f) A material violation of a material provi- minimum premium shown in the Schedule. sion of the policy. C62923 1101 © ISO Properties,' Inc., 2001 INSURED COPY Page 1012 O (2) If we cancel for nonpayment of premium, we will mail or deliver written notice of can- cellation, stating the reason for cancellation, to the first Named Insured and the "contrac- tor° at least 10 days before the effective date of cancellation. If we cancel for any other reason, we will mail or deliver notice of cancellation to the first Named Insured and the "contractor" at least 20 days prior to the effective date of cancellation. C. The following is added to Conditions (Section IV): 13. Mufti -Year Policies We may issue this policy for a term in excess of twelve months with the premium adjusted on an annual basis in accordance with our rates and rules. D. The following Condition is added and supersedes any other provision to the contrary: NON RENEWAL 1. If we decide not to renew this policy, we will mail or deliver to the first Named Insured and the contractor' written notice of nonrenewal at least 60 days before: a. Its expiration date; or b. Its anniversary date, 'rf it is a policy written for a term of more than one year and with no fixed expiration date. However, we are not required to send this no- tice if nonrenewal is due to your failure to pay any premium required for renewal. 2. We will mail or deliver our notices to the first Named Insured's and the "contractor's' last mailing address known to us. If notice is mailed, proof of mailing will be sufficient proof of notice. Page 2 of 2 © ISO Properties, Inc., 2001 INSURED COPY CO 29 23 11 01 COMMERCIAL GENERAL LIABILITY CG29510196 iTHIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT -RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE. LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART • The following exclusion is added to paragraph 2., Exclusions of COVERAGES - BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I - Coverages): This insurance does not apply to: "Bodily injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment -related practices, policies, acts or • omissions, such as coercion, demotion, eval- uation, reassignment, discipline, defamation, harassment, humiliation or discrimination di- rected at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of bodily injury" to that person at whom any of the employment -related practices described in paragraphs (a), (b) or (c) above is directed. This exclusion applies: (1) Whether the insured maybe liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. CG 29 5101 96 Copyright, Insurance Services Office, Inc., 1994 Pageloll of l ❑ INSURED COPY