Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2004-07-13-9:00AM-Regular (2)
~U ~L jzu ll This page was intentionally left blank. 00525 Page 10 of 18 I Ii I PLACE ARROW I ICATING NORTH DIRECTION RELATI, E TO CROSSING 40 &Z ~r QQ.: l2`"~~r NO SCALE fTYi FT. (SSE 3W S) TDI ~FT. I off/ a g J NEAREST P LPL TOWNN _ s 1 1 / I NOTES I 11 ALL HORIZONTAL DISTAN 21 CASING TO EXTEND OETO AND BEYOND LIMIT OF R 3N YINIMJM OF SO' FROM T ~N SIONAL REPRESENTATIVE So ALLOWABLE FIXED OBJEC CN CASING AND CARRIED PI A) IS PIPELINE CR 81 IF YES, NAME C D) DISTRIBUTION L C) CARRIER PIPE : COMMODITY OPERATING WALL THICK E1 CASING PIPE : WALL THICK NOTE OUTSIDE DIAMET CASING PIPE. I CARRIER PIPE A F) METHOD OF INST _9 DRY I TUNNE G) WILL CONSTRUCT H) DISTANCE FROM JACKING PITS W' 1) APPLICANT HAS U. P. COMMON 1 C. OPTIC CABLE____ WORK TO BE PER RR•S RiW To A '75 t 1EAREST R .R. TOWN1 (DESCRtISEEFNOTE 51 OBJECT) B IL_ ,/py,, O - FT. AFT. UV FT. - GROUND MIN. DIST I I SURFACE (St.N Not. 2) 1 PIPELINE CROSSING NOTE: ALL AVAILABLE DIMENSIONS MUST BE FILLED IN TO PROCESS THIS APPLICATION. A) 759AFT. FT - ( SEE NOTE 3 8 S) -f MAIN IRA" ~IOESCRIBE FIXED OBJECT) (SEE NOTE 6) tDISTANCE ALONG TRACK FROM SECTION LINE CROSSING/ , -FT (NOTE( ILOCATTIIONS NOT USINGO SECTIONS, DISTANCE TO A LEGAL SIDNEY LINE IS REOUIRED) I IFT. - I \ (4.5 FT MIN.) I _FT.. (20 FT. MAIL ) . CASING CASING PI (SM Not* A) (3 / 1 r ) r CARRIER PIPE ING SEAL M CAS . 2 0 _L 1S FT.- I ` 7jQ FT. k ✓5 Z FT. jjj_F T, I i ~ 1 iT. (CASINO LENGTR r1EN MEASDREO ALONG PIPELINE.) i TO BE MEASURED AT RIGHT ANGLES FRON t OF TRACK. THE E OF TRACK AT RIGHT ANGLES THE GREATER OF 20 A 20 FT.. OR 30 FT., ROAD RIGHT-OF-WAY IF NECESSARY TO PROVIDE PROPER LENGTH OUTSIDE OF TRACK. END OF ANY RAILROAD ORIOGE, It OF ANY CULVERT. OR FROM ANY SWITCHING AREA. 1ST BE PRESENT DURING INSTALLATION IF RAILROAD SIGNALS ARE IN THE VICINITY OF CROSSING. INCLUDO BACKWALLS OF BRIOOES; It OF ROAD CROSSINGS 6 OVERHEAD VIAOUCTS (GIVE ROAD NAME), OR CULVERTS. KIST BE PLACED A MINIMUM OF 2 FELT BELOW THE EXISTING FIBER OPTIC CABLE. ANY EXCAVATION REOUIRED WITHIN SING WITHIN DEDICATED STREET ? YES;_,2S_NO; STREET E >j~- OR TRANSMISSION LINE 1 BE CONVEYED 5AljlT41Zy S,64dFF, ~ESSURE 0_ PSI SS O.3Z3 ;DIAMETER A7L -.MATERIAL SS ~•SD ;DIAMETER Z Z-60 ;MATERIAL S'T~EgL ; ASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST OF CARRIER PIPE AND INTERIOR DIAMETER OF N FURNISHING DIMENSIONS, GIVE OUTSIDE OF INSIDE OF CASING PIPE. LING CASING PIPE UNDER TRACK(S): 2E AND JACK (WET BORE NOT PERMITTED) ; ; OTHER N BE BY AN OUTSIDE CONTRACTOR?_X-YES;___NO; NTER LINE OF TRACK TO NEAR FACE OF BORQNp NO N MEASURED AT RIGHT ANGLES TO TRACK '57 --NTACTED 1-800-336-9193, (30. MIN.) ION DEP~13TMENT, AND HAS DETERMINED FIBER DOES ; DOES NOT ; EXIST IN VICINITY OF RMED . TICKET NO. 7604162-6 060 T w FORM DR-0404-B REV. 5- 15- 96 www'uprr.com ENCASED NON-FLAMMABLE I STEEL CASING WALL THICKNESS CHART THICKNESS CASING PIPE .2SOO' 1/4" 12' OR LESS .3125' S/16' OVER 12'-18" .3750' 3/8' OVER 18'-22" .4375' 7/16' OVER 22-28" .5000" 1/2' OVER 28"-34' .5625' 9116' OVER 34'-42" .6250' S/B" OVER 42"-48- OVER APP LIVED BY~R.R. BE O. NOTE: THIS CHART IS ONLY FOR SMOOTH STEEL CASING PIPETS WITH MINIMUM YIELD STRENGTH OF 3%000 PSI. FORMULA TO FIGURE CASING LENGTH WITH ANGLE OF CROSSING OTHER THAN 90• B ~tt' !A SIN 4'y~1T' B ~T MIN. DIST. (NOTE 2) TRACK EXHIBIT "A" IF" ftlCftW "t pan UNION PACIFIC RAILROAD CO. ~IIAUR.C ~ I SUKDIV Islam M. P go.~6 E. S. lo3~t Sgt ENCASED Sys S~wt CROSSING AT Nfywh QYaZ.oS Tx ,((-Mist Gin tCpAtfTl tSdTEN C,ty Of gejA" tAM' call( RR F I LE NO. 2-7-36. 1`I DATE IT AR N I N G IN ALL OCCASIONS, U. P. COMMUNICATIONS DEPARTMENT NUST BE CONTACTED IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF EIDER OPTIC CABLE. PHONE I 1-800-336-9193 This page was intentionally left blank. 00525 - Page 12 of: 18 5g ~ 3 UTILITIES X & E ROE Form Approved, AVP-L EXHIBIT B TO CONTRACTOR'S [GHT OF ENTRY, Section 1. NtWiCE OF COMMENCEMENT OF The Contra r agrees to notify the Railroad Representative at least 48 hours in advance of Contractor commencing its work and at least 24 hours in advance o roposed performance of any work by the Contractor in which any person or equipment will be within 25 feet of any track, or will be near enoug to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within 25 feet of any track. Upon receipt o uch notice, the Railroad Representative will determine and inform the Contractor whether a flagman need be present and whether the Contract r need implement any special protective or safety measures. If any flagmen or other special protective or safety measures are performed by the ilroad, such services will be provided at Contractor's expense with the understanding that if the Railroad provides any flagging or other serv s the Contractor shall not be relieved of any of its responsibilities or liabilities set forth herein. Section 2. N01INTERFERENCE WITH RAILROAD'S OPERATION. No work per Formed by Contractor shall cause any interference with the constant, continuous and uninterrupted use of the tracks, property and facilities of the lroad its lessees, licensees or others, unless specifically permitted under this agreement, or specifically authorized in advance by the Railr Representative. Nothing shall be done or suffered to be done by the Contractor at any time that would in any manner impair the safety them f. When not in use, Contractor's machinery and materials shall be kept at least 50 feet from the centerline of Railroad's nearest track, and the shall be no vehicular crossings of Railroad's tracks except at existing open public crossings. Section 3. M The Contra r shall, pay in full all persons who perform labor or provide materials for the work to be performed by Contractor. The Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of the Railro for any such work performed. The Contractor shall indemnify and hold harmless the Railroad from and against any'and all liens, claims, d6riat, Is, costs'or expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished Section 4. PRI(IITECTION f a). Fiber optic le systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could srupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall telephone the Railroad at 1-800-336 193 to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Contractor. If it is, Contractor will teleph a the telecommunications company(ies) involved, arrange for a cable locator, make arrangements for relocation or other protection of the fiber ptic cable, all at Contractor's expense, and will commence no work on the right of way until all such protection or relocation has been a malished. by In addition t ther indemnity provisions in this Agreement, the Contractor shall indemnify and hold the Railroad harmless from and against all costs, liabil and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of any act or omission of the C ractor, its contractor, agents and/or employees, that causes or contributes to (1) any damage to or destruction of any telecommunications s y ;tern on Railroad's property, and/or (2) any injury to or death of any person employed by or on behalf of any telecommunications co t pany, and/or its contractor, agents and/or employees, on Railroad's property. Contractor shall not have or seek recourse against Railroad for & T, t claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication co pany using Railroad's property or a customer or user of services of the fiber optic cable on Railroad's property. Section 5. C0 1 PLIANCE WITH LAWS. In the prose ' ion of the work covered by this agreement, the Contractor shall secure any and all necessary permits and shall comply with all applicable fe al, state and local laws, regulations and enactments affecting the work. The Contractor shall use only such methods as are consistent with sa , both as concerns the Contractor, the Contractor's agents and employees, the officers, agents, employees and property of the Railroad and th ublic in general. The Contractor (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupatio I safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the R. i road's property. If any failure by the Contractor to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, c 4 or charge being assessed, imposed or charged against the Railroad, the Contractor shall reimburse and indemnify the Page I of3 Exhibit B 00525 : Page 13 of 18 UTILITIES Yt R E Fonn Approved, A Railroad for any suc~hl 11 tine, penalty, cost, or charge, including without limitation attorneys' fees, court costs and expenses. The Contractor further agrees in the event any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad. Section 6. NAFETY [NSTRU Safety of sonnel, property, rail operations and the public is of paramount importance in the prosecution of the work pursuant to this agreement. As rein cement and in furtherance of overall safety , measures to be observed by the Contractor (and not by way of limitation), the following special sa ty rules shall be followed: a). Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately ained in all safety and health aspects of the job. The Contractor shall have proper first aid supplies available on the job site so that ompt first aid services can be provided to any person that may be injured on the job site.. The Contractor shall promptly notify the (road of any U.S. Occupational Safety and Health Administration reportable injuries occurring to any person that may arise during the rk performed on the job site. The Contractor shall have a non-delegable duty to control its employees, while they are on the job site any other property of the Railroad to be certain they do not use, be under the influence of, or have in their possession any alcoholic b erage, drug, narcotic or other substance that may inhibit the safe performance of work by the employee. b). 114 ~ employees of the Contractor shall be suitably dressed to perform their duties safely and in a manner that will not interfere with their ion, hearing or free use of their hands or feet Only waist length shirts with sleeves and trousers that cover the entire leg are to be w n. If flare-legged trousers are worn, the trouser bottoms must be tied to prevent catching. The employees should wear sturdy and otective work boots and at least the following protective equipment: b (3 th c). •A] opinion of t right-of-wa, right-of-wa, Section 7. IN Protective head gear that meets American National Standard-Z89.1-latest •revision. It is suggested that all hardhats Ffixed with Contractor's or subcontractor's company logo or name. Eye protection that meets American National Standard for occupational and educational eye and face protection, I-latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding, ng, etc.; and Hearing protection which affords enough attenuation to give protection from noise levels that will be occurring on site. eavy equipment provided or leased by the Contractor shall be equipped with audible back-up warning devices. If in the Railroad Representative any of Contractor's or any of its subcontractor's equipment is unsafe for use on the Railroad's the Contractor, at the request of the Railroad Representative, shall remove such equipment from the Railroad's a). As used in is Section, "Railroad" includes other railroad companies using the Railroad's property at or near the location of the Contractor's installati and their officers, agents, and employees; "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and a enses of whatsoever nature, including court costs and attorneys' fees, which may result from: (a) injury to or death of persons whomsoever i' cluding the Railroad's officers, agents, and employees, the Contractor's officers, agents, and employees, as well as any other person); and/or ( damage to or loss or destruction of property whatsoever (including Contractor's property, damage to the roadbed, tracks, equipment, or other p erty of the Railroad, or property in its care or custody). b). As a major it c ucement and in consideration of the license and permission herein granted, the Contractor agrees to indemnify and hold harmless the Railroad m any Loss which is due to or arises from any cause and is associated in whole or in part with the work performed under this agreement, a brea of the agreement or the failure to observe the health and safety provisions herein, or any activity, omission or negligence arising out of perform ice or nonperformance of this agreement. However, the Contractor shall not indemnify the Railroad when the Loss is caused by the sole neg ence of the Railroad. c). The Contract{ shall maintain whatever insurance coverage is necessary to adequately underwrite its general and contractual liability under the terms of this O greement_ Page 2 of 3 Exhibit B 00525 - Page 14 of 18 'i UTILITIES X & E ROE Fomi Approved, AVP-I Section S. F In the even other property of th4 possible and at Cont taken down or such Section 9. V The waiver by the Contractor sh Section 10. A The Contra and any attempt to sc permission to subco subcontractors and a Railroad authorizes the Contractor to take down any fence of the Railroad or in any manner move or disturb any of the Iroad in connection with the work to be performed by Contractor, then in that event the Contractor shall, as soon as is sole expense, restore such fence and other property to the same condition as the same were in before such fence was property was moved or disturbed. the Railroad of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed in no way impair the right of the Railroad to avail itself of any remedy for any subsequent breach thereof. IGNMENT - SUBCONTRACTING. r shall not assign, sublet or subcontract this agreement, or any interest therein, without the written consent of the Railroad sign, sublet or subcontract without the written consent of the Railroad shall be void. If the Railroad gives the Contractor act all or any portion of the work herein described, the Contractor is and shall remain responsible for all work of rork of subcontractors shall be governed by the terms of this agreement. Page 3 of 3 00525 Page 15 of 18 a• _ 5g t~ Exhibit=6 - This page was intentionally left blank. 00525 - Page 16 of 18 ,I CONTRA4sTOR'S RI T OF ENTRY INS. 02/16/01 INVOLVING PIPELI WIRELINE & DRAINAGE WORK Form Approved, AV Law EXHIBIT B-1 Union Pacific Railroad Company Insurance Provisions For Contractor's Right of Entry Agreement Involving Pipeline, Wireline, or Drainage Work on Union Pacific Property Contractor shall, at sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: A. Commercial G4 ~i eral Liabili insurance. This insurance shall contain broad form contractual liability with a single limit of at least $2,000,000 each o urrence or claim and an aggregate limit of at least $4,000,000. Coverage must be purchased on a post 1998 ISO or equivalent form, eluding but not limited to coverage for the following: . Bodily ury including death and personal injury • Prope damage • Fire le I liability (Not less than the replacement value of the portion of the premises occupied) • Produ and completed operations The policy shall also ntain the following endorsements which shall be indicated on the certificate of insurance: • "For pu oses of this insurance, Union Pacific Railroad payments related to the Federal Employers Liability Act or a Union Pacific Wage Cc r tinuation Program or similar programs are deemed not to be either payments made or obligations assumed under any Workers Co pensation, disability benefits, or unemployment compensation law or similar law." } The ex sions for railroads (except where the Job site is more than fifty feet (50') from any railroad including but ;not limited to tracks, ; bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion; collapse and underground hazard shall be i 6moved. • Covera for Contractor's (and Railroad's) employees shall not be excluded • Waiver subrogation B. Business Auto obile Covera a insurance. This insurance shall contain a combined single limit of at least $2,000,000 per occurrence or claim eluding but not limited to coverage for the following: • Bodily i ry and property damage • Any and I ' all motor vehicles including owned, hired and non-owned The policy shall also ntain the following endorsements which shall be indicated on the certificate of insurance: • For pu ses of this insurance, Union Pacific Railroad payments related to the Federal Employers Liability Act or a Union Pacific Wage Co inuation Program or similar programs are deemed not to be either payments made or obligations assumed under any Workers Co ensation, disability benefits, or unemployment compensation law or similar law." , • The ex sions for railroads (except where the Job site is more than fifty feet (50') from any railroad including but not limited to tracks ridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground hazard shall be r r oved. • Motor wier Act Endorsement- Hazardous materials clean up (MCS-90) if required by law. C. Workers Com sation and Employers Liability insurance including but not limited to: • Contrac is statutory liability under the workers' compensation laws of the state(s) affected by this Agreement • Employ ' Liability (Part B) with limits of at least 500,000 each accident, $500,000 disease policy limit 500,000 each employee If Workers Compen tion insurance will not cover the liability of Contractor in states that require participation in state workers' compensation fund, ntractor shall comply with the laws of such states. If Contractor is self insured, evidence of state approval must be provided along evidence of excess workers compensation coverage. Coverage shall include liability arising out of the U. S. Longshoremen's an arbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. The policy shall. also ntain the following endorsement which shall be indicated on the certificate of insurance: • Alternat mlover Endorsement 00525 -Pe°~15 of 18 CONTRAC?OR'S INVOLVING' PIPET Form Approved, j D. Umbrella afford no less E. Railroad Prot occurrence with a 00 35 07 98 or eqi to the Railroad. F. Punitive IT OF ENTRY INS. 02/16/01 WIRELINE & DRAINAGE WORK a Policies In the event Contractor utilizes Umbrella or excess policies, these policies shall "follow form" and than the primary policy. _iability insurance naming only the Railroad as the insured with a combined single limit of $2,000,000 per ,000 aggregate. The policy shall be broad form coverage for "Physical Damage to Property" (ISO Form CG A binder stating the policy is in place must be submitted to the Railroad until the original policy is forwarded must be deleted, which deletion shall be indicated on the certificate of insurance. G. Contractor agr to waive its right of recovery, and its insurers, through policy endorsement, agree to waive their right of subrogation again Railroad. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against Railroad fo oss of its owned or leased property or property under its care, custody and control. Contractor's insurance shall be primary with re ect to any insurance carried by Railroad. All waivers of subrogation shall be indicated on the certificate of insurance. H. All policy(ies) re ired above (excluding Workers Compensation) shall provide severability of interests and shall name Railroad as an additional insure Severability of interest and naming Railroad as additional insured shall be indicated on the certificate of insurance. 1. Prior to comme ing the Work, Contractor shall furnish to Railroad original certificate(s} of insurance evidencing the required coverage; endorse nts, and amendments. The-certificate(s) shall contain a'provision that obligates the insurance company(ies) issuing such policy(') to notify Railroad in writing of any cancellation or material alteration. Upon request from Railroad, a certified duplicate original any required policy shall be furnished. J. Any insurance p icy shall be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. K. Contractor WAR NTS that this Agreement has been thoroughly reviewed by Contractor's insurance agent(s)/broker(s), who have been instructed by ntractor to procure the insurance coverage required by this Agreement and acknowledges that Contractor's insurance coverage II be primary. L. The fact that ii liability of Contra( Railroad shall not is obtained by Contractor or Railroad on behalf of Contractor shall not be deemed to release or diminish the ling, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by I by the amount of the required insurance coverage. Page 2 of 2 00525 - Page 18 of 18 ~ PAGE -1 RESOLUTION OF I that it was RESOLVED by a quorum of the directors of , meeting on the day of T , that (Name) (Title) be, and hereby , authorized to execute all documents necessary to the transaction of business in the State of Texas on be alf of the said , and (Name of Corporation) That th Bove resolution was unanimously ratified by the Board of Directors at said meeting and that the resolution 10 is not been rescinded or amended and is now in full force and effect; and In auth tication of the adoption of this resolution, I subscribe my name and affix the seal of corporation t day of , Secretary SEAL 00530 - Page 1 of 2. This page was intentionally left blank. 00530 - Page 2 of 2 r ~ * e Construction Performance Bond Bond # &Wk Any sin reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTO Name and Address): SURETY (Name and Address of Principal Place of Elliott traction, Ltd. Business): . P 0 Boot 5 Fidelity and Qr mty It~n~ Uylenari.ters Ir - Tllbom, 77845 8144 Walnut lfi.l.l Lie Saute #440 OWNER (Name d Address): Dallas,Tems 75231-4345 Brazos , Texas 300 E. 26t i Street, State 117 COlJ~TT 77803 Date: Amount: $199,1 Al .00 Description (N and Location): 1t7DP 20C3 West 28th Street W3stsaater ITMIeTMts amms Canty,Tew BOND Date (Not earlier an Contract Date): Amount: $199 .00 Modifications to is Bond Form: 1 • In the event litigation involving the bond or the contract, venue will He in the county wherein the project is located. 2. All sureties ecuting bonds must be licensed in the State of Texas. 3. The obligati of the surety company under the Performance Bond extends throughout the one-year warranty period. Surety and Con tor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Per ce Bond to be duly executed on its behalf by its authorized officer, agent or representative. CONTRACTOR PRINCIPAL SURETY . FirlPli mmty wLrar Company. • t Ltd. (Corp. Seal) Company: t~ , (Corp I mil) Signature: 1 Signature: 1L Name and Tit a Name and Title: Staci Gras-s, Attotney-in-Fact (Attach Power of Attorney) (Space is provided 1 CONTRACTOF Company: Signature: Name and Title: EJCDC No. 1910-: 0ri9kw iyprepmedtheca of America, and the An for signatures of additional parties, if required.) PRINCIPAL SURETY . (Corp. Seal) Company: Signature: Name and Title: -A (1996 Edition) thejomteffortsoftheSuretyAssociatmofAmaica,EngimmJondCoafactDo tsCoomiuoe,duAmcuted('rMXWQmhactors an Institute of Architocta. 00610 - Page 1 of 2 (Corp. Seal) I. Iaei%-%J1Y IRMA,l VJVL theirheirs,executors, Win UAV oWR', JVY YYM ev~w~u> vrw. successorsandassigmtothcOwnerforthe performance of the CORM which is inoorpotaoed herein by t eiereaee. 2. If the CONTRACT perform the Contract, the Surety and the CONTRACTOR have igation under this Bond, except to participate in conferences as provided ' 3. 1. 3. If there is no OWNER Pefinik the Surety's obligation under this Bond shell arise after: 3.1. The OWNER the CONTRACTOR and the Surely at the addresses descri in paragraph 10 below, that the OWNER is oomidering a CONTRACTOR De&uh and has requested and attempted to e a eonkstrice with the CONTRACTOR and the Surety to be het t later tlbn fifteen days after moo" of such notice to discuss of performing the Contract. If the OWNER, the CON-TRACT the Surety agree, the CONTRACTOR shall be allowed a Me lime to perform that Contract, but such an agreement shall waive the OWNER's right, if any, subsequently to declare a CTOR De&ult; and 32. The OWNER declared a CONTRACTOR Ddmh and formally terminated the RACTOR's right to complete the Contract. Such C ult shall not be declared earlier than twenty days after the OR and the Surety have received notice as provided in pth 3. 1; and 3.3. The OWNER 3.3.1. The St 3.32. Anodu the Co 4. WbentheOWNERI promptly and at the Su 4.1.. Arrange for t perfmr nandc 42. Undertsketopa or through indq 4.3. Obtain bids a acceptable to completion of execution by OWNER's con bonds executed the Contract, a described in pa incurred by die or 4.4. Waive its right obtain a new c circumstances; 4.4.1 After in liable a amount or 4.42 Deny H reasons 5. If the Surety does no promptness, die Surely d after receipt of an add'' demanding that the Sin OWNER shall be entitle Surety proceeds as pro' payment tendered or the furtbet notice the OWN the OWNER. Condacx, and if the Surety elects to ad under paragraph 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 tender the CootrsM and die respowibilitias of the OWNER to the Surety shall not be greats than those of the OWNER under the Contract. To a limit of the amount of this Bond, but subject to commitment by the OWNER of the Balance of the Contrast Price to mitigation of costs and damages on the Contract, the surety is obligated without duplication for: 6.1. The responsibilities of the CONTRACTOR for correction of defective Wort and completion of the Contract; 6.2. Additional legal, design professional and delay costs resulting from the CONTRACTOR's Default, and resulting from the actions or failure to ad of the Surety under paragraph 4; and 6.3. Liquidowd damages, or if no liquidated damages are specified in the Contract, actual damages cawed by delayed palmnamoe 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 Coubact, and the Balance of the Contract Price shall not be reduced or act off on account of any such undated obligations. No right of action sball 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 dew., including changes oftime, to the Can tad or to related subcontracts. purchase orders and other obligatiom agreed to pay the Balance of the Contract Price to: 9. Any proceeding, legal or equitable, under this Bond may be instituted in any in accordance with the terms of the Contract; court of eontpetad jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after CONTRACTOR araetorselected pursuantto paragraph 4.3 to perform De&ult or within two years after the CONTRACTOR ceased working or within t two years after the Surdy refuses or Earls to perform its obligations under this Bond, whichever occurs first If the provisions of this paragraph are void or ctis6edtheconditions ofpaagraph 3. the Surety shall prohibited by law, die minimum period ofiamtatiron available to sureties as a m expense take one of the following actions: defence in the jurisdiction of the suit shall be applicable. ONTRACTOR, with consent of foe OWNER, to 10. Notice to the Surety, the OWNER or the CONTRACTOR shall be railed lets the Contract; or or delivered to the address shown on the signature page., dent contritctors; or dimughilsagents 11. When this Bond etas been fumisbcd to comply with a statutory or otter legal requirement in the location wham the Contract was be per err od, any provision in this Bond conflicting with said stationy or legal mquh a►teat shall be deemed deleted bee from and provisions oonfbemiog to such 8lalntary or other legal requirement shall be delayed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. negotiated pruposais from qualified contractors OWNER for a contract %Dr performance and Contract, arrange for a eoutntua to be prepared for OWNER and the contractor selected with the ence, to be secured with performance and payment a qualified surly equivalent to the Bonds rued on pay to the OWNER the amount of damages as aph 6 in execs of the Balance of the Contract Price VNER resulting from the CONTRACTOR Default; perform and complete, ammV for completion, or tractor and with roesotmMe promptness under the pticw, determine the amount for which d may be OWNER. and, as soon as practicable .after the ermined, tender payment t cm&r to the OWNER; in whole or in part and notify the OWNER citing owed as provided in paragraph 4 with reasonable be deemed to be in defiuh on this Bond fftftew days isl written notice from the OWNER to fits Surety perform its obligations under this Bond, and the eofotwanyremedyavailabletotheOWNER. Ifthe, d in paragraph 4.4, and the OWNER refuses the rely bas denied liability, in whole or in part, without shalt be entitled to enforce any moody available to 12. Definitions. 12.1. Balance of the Contract Price: The total amount payable by the OWNER to the CONTRACTOR under the 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 Claim 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 Conflad. 122. Contract: The agreement between the OWNER and the CONTRACTOR identi6edonthesig aturepage,includmgallContract Documents and changes thereto. 12.3. CONTRACTOR De&uh: Failure of the CONTRACTOR, which has neither been remedied nor waived, to Pat= or otherwise to Comply with the tarn9 of the Contract. 12.4. OWNER De&ult: Failure of the OWNER, which has neither been minedied nor waived, to pay the CONTRACTOR as required by tie Contract or to perliorm and complete or comply with the other terms thereof: 00610 - Page 2 of 2 158 AGI 13 Construction Payment Bond 'AMY S-BM r reference to Contractor, Surety,, Owner or other party shall be considered plural where applicable. %.vrv 1 AM- I UK acne and Address): SURETY (Name and Address of Principal Place of Business): F71 intt Cms , Ltd. P 0 Box 510 Wellbom,TX 77 Fidelity and Qtty IristJraice tkiderwriters, Inc. OWNER (Name d Address): 8144 Walnut 1li.l.l I", SLmte AM Brazos Ganty, ;as 1f]]as, Texas 75231-4 5 300 E. 26th S t, State 117 B,cym, Tems 77 CONTRACT Date: Amount: $199, .00 Description (N and Location): TLDP 2003 West 23th Street WasteHater IrproaTmts Brazos Canty Texas BOND Date (Not earlier if an Contract Date): Amount$199,121 Modifications to Bond Form: 1. In the ev t of litigation involving the bond or the contract, venue will lie in the county wherein the project is located. 2. All sun executing bonds must be licensed in the State of Texas. 3. The obli ion of the surety company under the Performance Bond extends throughout the ono-year warranty period. Surety and Con ,intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Perf ce Bond to be duly executed on its behalf by its authorized officer, agent or representative. CONTRACTOR PRINCIPAL SURETY Company. (Corp. Seal) Company. Fidelity and Qtmtty Ir a Seal) Elliott Ccnstru , tors Inc. Signature: Signature: l Name and Title: Name and Title: x Cross- 1 (Attach Power of Morney ' AttcrW in-Fact (Space is provided low for signatures of additional parties, if required.) CONTRACTOR Company: Signature: Name and Title: EJCDC No. 191 Origimlly prepared d of America, and the I PRINCIPAL (Corp. Seal). SURETY Company: Signature: Name and Title: (Corp. Seal) (1996 Edition) jointeltbrts ofthe Surety Association ofAmenca, Engineers Joint Contract Documents Committee, the AssociatodGeneml Conbutors nstitate of Arohitects. 00620 - Page 1 of 2 1. The CONTRALTO the Surety, jointly and severally, bind t=erms, under airy p"f ornanco Bond. By me CONTRACTOR f nnishing and me their heirs, crocutors, sucoesaors and assigns to the OWNER to OWNER aooepting this Bond, they agree that all funds earned by the psy, lnr kbor, rmatenals c quVnx t furnished for use m the pa6rmmoe offt CONTRACTOR in the per6o[msnce of the Contract are dedicated to satisfy Contract, which is iwoq herein by refereoeer. obliR nom ofthe CONTRACTOR and the Surety under this Bond, subject to the OWNER's priority to use the funds for the completion of the Work. 2. With respect to the ONtIr~Grc, this obligation shall be null and void if the CONTRACTOR II 2.1. Pmumpdy n4 lpayment, directly or indirectly, for all sumo due Claimants, and II 2.2. Delieads, indow demands, liens materials or eq provided the O the Surety (at t demands, liens liens or suits to is no OWNER 3. With respect to( CONTRACTOR pro due. 4. The Surety shall h 4.1. Clamnts a CONTRAC described in OWNER, st substantial a 4.2. Claimants w yes and holds harmless the OWNER from all claims, suits by any person or entity who furnished labor. Murat for use in the performance of the Contract, VER has promptly notified the CONTRACTOR and addresses described in paragraph 12) of any claims, suits and tendered defense of such claims, demands, CONTRACTOR and the Surety, and provided there ints, this obligation shall be null and void if the makes payment, directly or indirectly, for all sums obligation to Claimants under this Bond until: 9. The Surety shall not be liable to the OWNER, Claimants or others for obligations of the CONTRACTOR that are unrelated to the Contract. Ile OWNER shall not be liable for payment of any coats or oxpeases ofany Claimant under this Boad, and shall have undertbis Bond no obligations to make payments to, give notices on behalf of or otherwise have obligations to Claimants under this BOVA 10. The Surety hereby waives notice of any change, including changes of time, to the Contract or to related Subcontracts, purd[ese orders and other obligations. 11. No suit or action shall be cotmtenoW by a Claimant under this Bond other than in a court ofoompetat jurisdiction in the location in which the Work or part of the Wort is located or after the expiration of one year fiom the date (1) on whichtheClaimarugavethenotice requiredbyparagaph4.1 orparagapb4.2.3. 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) first occurs. If the provisions of this paragraph are void or prolubited by law, the minimum period of limitation available to sureties as a defense In the jurisdiction of the suit shall be applicable. re employed by or have a direct contact with the 12. Notice to the Surely, the OWNER or the CONTRACTOR shall be mailed have given notice to the Surety (at the addresses or delivered to die addresses shown on the signature page. Actual receipt of paph 12) and seat a copy, or notice thereof, to the notice by Surety, the OWNER or the CONTRACTOR, however accomplished, that a claim is being made under this Bond and, with shall be sufficient compliance as of the date received at the address shown on the cv. the amount of the claim signature per. net have a direct oootrad with the CONTRACTOR: 1 . Have fin *wd written notice to the CONTRACTOR and scot a copy, or thereof; to the OWNER, within 90 days after having performed labor or last furnished materials or equipme udedintheclaimnstating,withsubsfamtialaaumwy, " the amoi whom the of the claim and the name of the parry to ma famished or supplied or for whom the labor was done or and 2. liavi ei received a rejection in whole or in part from the CONTI; OR, or not received within 30 days offamishimg the above any communication from the CONTRACTOR by which NTRACTOR had indicated the claim will be paid directly indirectly, and 3. Not ha been paid within the above 30 days, have sat s wtittea to the Surety and seat a Copy, or notice thereof; to the O stating that a claim is being made under this Bond and etch mg a copy ofthhe previous written notice furnished to the 5. If a notice requiW by paragraph 4 is given by the OWNER to the CONTRACTOR or tole Surety, that is sufficient compliance. 6. When the Claimers satisfied the conditions of paragraph 4, the Surety shall promptly and at Suretyrs expemse take the Mowing actions: 13. When this Bond has been Punished to comply with a stahdory or other legal requirement m the location whore the Contract was to be pafonmed, any provision in this Bond conflicting with said statutory or IWI requirement shall be deemed delded herefrom and provisions oonfixmlmg to such statutory or other legal requirement shall be downed incorporated herein. The intent is, that this Bond shall be cousbuW as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, the CONTRACTOR shall promptly famish 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 equiprneW dig part of water, gas, power, light, had. oil, gasoline, telephone service or rental equipment used in the Contract, architectural and engineering services required for perEomance of the Work of the CONTRACTOR and the CONTRAC"TOR's Subcontractors, and all other items for which a m ochanhc's lien may be asserted in the jurisdiction where the labor, materials or equipment were flmrrishhed. 152. Contrail:TheapvmwdbdwomdwOWNERmWdoCONTRACTOR identified on the signature page, including all Contract DoeumemhI and changes thereto. 6.1. Send m the Claimant, with a copy to the OWNER, within 45 15.3. OWNER Default il Failure of the OW ash fiwhich has red theaCorrtr boor days after of the claim, stating the amounts that are undisputed remedied nor waived, to pay the and the basis challenging any amounts that are disputed. to perform and complete or comply with the other terms thereof. 62. Pay or 7. The SureWs total amountofthis Bond Surety. s. Amounts owed by shall be used. for the j payment of any undisputed amounts. lion shall not exceed the amount ofthis Bond, and the be credited for any payments made in good faith by the OWNER to the CONTRACTOR under the Contract rcmmnce of the Contract and to satisfy claims, if any, 00620 - Page 2 of 2 -I 7heTPdu1 POWER OF ATTORNEY Seaboard Surety Company United States Fidelity and Guaranty Company " St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. ` St. Paul Mercury Insurance Company 20290 Power of Attorney No. Certificate No. 2 0 7 1 1 7 4 KNOW ALL MEN BY ESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine urance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of nesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaran Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a cc oration duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute a appoint Donal B y, Steve Deal and Staci Gross 1 Wichita Falls Texas of the City of State their true and lawful Attorney(s)-in-Fact, each in their separate cap & ity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other writt 'instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts d executing or guaranteeing bonds and undertakings recjtured or permitted in any actions or proceedings allowed by law. -t 6th December 2002 IN WITNESS WHERE , the Companies have caused this instrurnent to he signed and scaled dus _ day of Seaboard Surety Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Compann Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company SUAFIy ~F\aE a ' eO~~N ~ygG9 ! ~r s~ i ti 40~y1Y'6~ tk 4 - /tORV„C'RA1F~y1P WPYOR9TE.:.1^. NCORPOR9T~ 1927 ~ eF < Y PETER W. CARMAN Vice President ,e96 ~ ysn ~ tss~ N * ti o ~+..SE AL,:oi 'oe:,SBEL;;n ~ ~ dlr....... n"d 1 1 ~OFNEW~ ^ar~m,uwaf r~~ANNJ State of Maryland City of Baltimore THOMAS E. HUIBREGTSE, Assistant Secretary On this day of December 2002 before me, the undersigned officer, personally appeared Peter W. Carman and Thomas E. Huibregtse, acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Comp , St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Com ny, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that ey, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themsely as duly authorized officers. 1 In Witness Whereof, I unto set my hand and official seal. I My Commission expires Ist day of July, 2006. ' 86203 Rev. 7-2002 P in U.S.A. NO?,q y v pUe(lC REBECCA EASLEY-ONOKALA, Notary Public 9E ciTl PAGE go, This Power of Attor is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul Fire and Marine Insura Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty I rance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and effect, reading as follow RESOLVED, that in nnection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with the ! resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respectiv esignations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Comp " y may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing an ttesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attor or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certifie y such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly at hed; and RESOLVED FURT R, that Attorney(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued their, o execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory it i e nature thereof, and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer an Baled and attested to by the Secretary of the Company. I, Thomas E. Huibregtse ssistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insura Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. do he y certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not b revoked. IN TESTIMONY WH OF, I hereunto set my hand this day of ufv SLW£TY r,rt[ y \XN iyy.G ~pv ~xs~gq ~y,WO C7~'• ' ay- i~ ~kOPVOR,,>F1,y Q.`OFPOR9lF Ti ~ 4e SEAL m S 1.9~/~.;. tFO C 4~0F ~•r AIN Thomas E. Hutbregtse, Assistant Secretary To verify the authentici f this Power of Attorney, call I-800-421-3880 and ask for the Power of Attorney clerk. Please refer to the Power of Attorney number, the above-named indivi Is and the details of the bond to which the power is attached. St Paull St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company rety St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Medical Liability Insurance Company. BID BOND Bond No. SW8646 RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE This disc action is of the ati pure notice is required by the Terrorism Risk Insurance Act of 2002. No quired on your part. This Disclosure Notice is incorporated in and a part hed bond. You shout know that, effective November 26, 2002, any losses caused by certified acts of ter rism would be partially reimbursed by the United States under a formula establishe by the Terrorism Risk Insurance Act of 2002. Under this formula, the United St s reimburses 90% of covered terrorism losses exceeding the statutorily establishe deductible paid by the insurance company providing the coverage. There is ! cap on our liability to pay for such losses if the aggregate amount of insured I ses under the Act exceeds $100,000,000,000 during the applicable period for II insured and all insurers combined. In that case, we will not be liable for the pay ant of any amount which exceeds that aggregate amount of $100,000, 00,000. The portion of your premium that is attributable to coverage for acts of terrorism is 0.00. II IMPORT NT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE N ANY BOND THAT PREMIUM IS CHARGED ANNUALLY. SIGNED 4ND SEALED this day of , 20_. SURETY: fidelity and Guaranty Insurance Underwriters, Inc. [SEAL] Signature ' 't . taci cross Attorney-in-Fact Maul Surety PORTANT NOTICE: obtain information or make a complaint: u may contact the Texas Department of Insurance to obtain information on companies, (erages, rights or complaints at: 1-800-252-3439 Du may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 FAX # 1-512-475-1771 our notice of claim against the attached bond may be given to the surety company that issued e bond by sending it to the following address: failing Address: St. Paul Surety Claim P.O. Box 4689 Federal Way, WA 98063-4689 hysical Address: St. Paul Surety Claim 31919 First Avenue South Suite 100 Federal Way, WA 98003 ou may also contact the St. Paul Surety Claim office by telephone at: elephone Number: 1-253-945-1545 REMIUM OR CLAIM DISPUTES: 'you have a dispute concerning a premium, you should contact the agent first. If you have a ispute concerning a claim, you should contact the company first. If the dispute is not resolved, )u may contact the Texas Department of Insurance. TTACH THIS NOTICE TO YOUR BOND: his notice is for information only and does not become a part or condition of the attached ,acoR CERTIFICATE OF LIABILITY INSURANCE CSR BU DATE (MIWDI4 m ETSIC-2 07/01/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Boley Feat ston Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 513 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Wichita F s TX 76307-7513 Phone:940 23-7111 Fax:940-322-9549 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURHRK Bituminous Casualty Co 20095 El ott Construction, LTD INSURER B. Texas Mutual Ins Co 3 t Elliott~tgement, LLC INSURERC ~ Indemnity Company 26x43 P . W Box 510 rn TX 77881 INSURER D INSURER E .I COVERAGES 11 THE POLICIES OF # LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING URANCE ANY REOUIREME RM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, * AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH SURANCE POLICIES. AGGRE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR PQ f OF INSURANCE POLICY NUMBER DATE (MMIDWM DATE (MMIDONY) LMT'6 GENE% LIABILITY = =E $1,000,000. A X C RCIAL GENERAL LIABILITY CLP3192274B 07/01/04 07/01/05 PREMISES (Ea occu e) $ 100,000 ~LAIMS MADE a OCCUR MED EXP (Any one person) $ 5,000. PERSONAL 8 AIIV ~N,n)PY $ 1,000,000. 060: $1000 PROP PER CLAITI GENERAL AGGREGATE s2,000,000. GENT GATE LIMIT APPLIES PER. PRODUCTS - COMPIOP AGG $2,000,000. X I Y IECOT LOC AUT CMA E LIABILITY NEDSINGLELIMIT $1 000 000 A X AN 0 CAP3192273B 07/01/04 07/01/05 (Ea c (Ea accident) , , AU . I . WNED AUTOS BODILY INJURY $ DULED AUTOS (Per person) HI AUTOS BODILY INJURY = WNED AUTOS (Per we de AI PROPERTY DAMAGE (Per accident) $ CIARAGII I 'ABILITY AUTO ONLY - EA ACCIDENT $ O OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCE BRELLA LIAELrTY EACH OCCURRENCE $1,000,000. C O ❑ammsMADE B27865 07/01/04 07/01/05 AGGREGATE $1,000,000. $ TIaE $ X :1 n ON $10,000 $ WORKERS NSATtON AND X TORY LIMITS ER B ANY PROPRI LIIVE ARTNEREXEC Tsrool0773302 07/01/04 07/01/05 EL EACH ACCIDENT $ 1000000 OFFICERIME fEXCLUDED? E.L. DISEASE - EA EMPLOYEE $1000000 It yes, descrl SPECIAL PRO r NS below EL DISEASE - POLICY LIMIT $ 1000000 OTHER A LEASED EQUIPMENT CLP3192274B 07/01/04 07/01/05 EACH ITEM $100,000 ALL ITEMS $300,000 DESCRIPTWN OF 01 TIONS I LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS WAIVER OF UBROGATION & 30 DAY NOTICE OF CANCrJZATION APPLIES TO GENERAL LIABILITY AUTO LIABILITY, WORKERS COMP AND UMBRELLA, ADDITIONAL INSURED ENDT IN Z FOR OF HOLDER APPLIES TO GENERAL LIABILITY,AUTO LIABILITY & UMBRELLA REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION BRYAC02 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL C 3 9 :Y OF BRYAN P BOX 1000 NPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Bf ~ AN TX 77805 REPRESENTATIVES. ACOKU Z5 (ZUU 8) Lid ACOKU COKPOKATION 1HSU 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). r DISCLAIMER Certificate of Insurance on the reverse side of this form does not constitute a contract between issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it matively or negatively amend, extend or after the coverage afforded by the policies listed thereon. ACOR CERTIFICATE OF LIABILITY INSURANCE CSR SU DATE (I MDYfM EI.LIC-2 07/01/04 PRODUCER THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Boley Feat ston Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. 0. Box 513 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Wichita Fa s TX 76307-7513 Phone:940 3-7111 Fax:940-322-9549 INSURERS AFFORDING COVERAGE NAIC# IrSURED INSURERA: Bituminous Casualty Co 20095 Ei ott Construction, LTD INSURER 8: Texas Mutual Ins Co s t Elliott Equipment Co, LLC INSURERC Maxum Indemnity CoWany 26-743 P *;m BOX 510 born TX 77881 INSURER D. INSURER E: I COVERAGES II THE POLICIES OF 1 LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREME RM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGRE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L7R OF INSURANCE POLICY NUMBER DATE (MMIDO/YY) DATE (MMIDOPM LIMITS GENERA , TTY EACH OCCURRENCE $1,000,000. A X C CIALGENERAL LIABILITY CLP3192274B 07/01/04 07/01/05 PI2EMISes(Eaoccvence) $100,000 LAIMS MADE OCCUR MED E)P (Arty one person) s 5,000. PERSONAL & ADV INJURY $1,000,000. ORO: $1000 PROP FRI Crass GENERAL AGGREGATE s2,000,000. GENL EGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG $2,000,000. X 7"COT Loc AUi 0, 1 UE LIABILITY COMBINED SINGLE LIMIT $1 000 000 A X AM 1 O CAP3192273B 07/01/04 07/01/05 (Ea accident) , , O AUTOS BODILY INJURY = ULED AUTOS (Per person) HI AUTOS BODILY INJURY S NOI WT•ED AAJTOS (Per accident) PROPERTY DAMAGE (Per acadeM) $ GARAGEI L ABILITY AUTO ONLY - EA ACCIDENT $ AN O OTHER THAN EA ACC $ AUTO OILY. AGG $ EXCESS LA LUIBR.RY - EACH OCCURRENCE $1,000,000. C ~JOO ]CLAIMSMADE F B27865 07/01/04 07/01/05 AGGREGATE $1,000,000. s V DEI T $ ON ON $10,000 $ WORKERS ' TTON AND MIH- W'-'b AIU7T X TOR Y LIMITS ER B EMPLOYERS I ANY PROPRI ILrrY ARTNERIEXECUTIVE TSPOO10773302 07/01/04 07/01/05 EL.EACHACCIDENT $1000000 OFFI EXCLUDED? E.L. DISEASE - EA EMPLOYEE $1000000 If yes, describe SPECIAL PRO DNS below EL. DISEASE - POLICY LIMB 1$1000000 A OTHER LEASED QUIPMENT CLP3192274B 07/01/04 07/01/05 EACH ITEM $100,000 ALL ITEMS $300,000 DESCRIPTION OF O TIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS PROJECT: 8TH STREET CERTIFICATE HK1DER CANCELLATION BRAZC02 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL B 03 COUNTY 30 , E 26TH STREET SUITE 117 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR B TX 77803 REPRESENTATIVES. ACUKU n (ZUU 8) W ACOKD COKPORATION 1988 gao t 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 vo 56 p '-.j ~3 ,acoR>a CERTIFICATE OF LIABILITY INSURANCE CSR SU DATE(MMIDD/YWn ELT-IC-2 07/01/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Boley Fea ston Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 9 1 513 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Wichita Fa s TX 76307-7513 Phone: 940- 3-7111 Fax: 940-322-9549 INSURERS AFFORDING COVERAGE NAIL # INSURED INSURER A. Bituminous Casualty Corp 20095 El ott Construction, LTD INSURERS Texas Mutual Ins Co We sc rn Equipment Co, Inc t Elliott Management, LLC INSURERC Maxum Indemnity an Comp Y 26743 F. We Box 510 L-rn TX 77881 INSURER D INSURER E COVERAGES II THE POLICIES OF It I! JZANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NNAMIED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT RM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGRE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR OF INSURANCE POLICY NUMBER DATE (MMIDD/YY) DATE (MMID11" L "'m GEMERA uTY EACH OCCURRENCE $ 1,000,000. A X c IALGENERALLIABILITY CLP3192274B 07/01/04 07/01/05 PREMISES(Eeoc'=wme) $ 100,000 MS MADE a OCCUR MED E)(P (Any one person) $ 5,000. PERSONAL. & ADV INJURY $1,000,000. D®_ $1004 PROP PZR CLAIM GENERAL AGGREGATE s2,000,000. GEM A4 G GATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG $2,000,000. X POL PRa LOC E LIABLITY NEDSINGLELIMIT $1 000 000 A X AM f O CAP3192273B 07/01/04 07/01/05 (Ea ac (Ea acddert) , , ALL AUTOS BODILY INJURY $ ED AUTOS (P- person) HIR AUTOS BODILY IN.RA2Y $ WNED AUTOS (Per scdderrt) PROPERTY DAMAGE (Per acciderd) $ TTY AUTO ONLY - EA ACCIDENT $ AN O OTHER THAN EA ACC $ AUTO ONLY: AGG $ EX LA LIABILITY EACH OCCURRENCE $1,000,000. C GC CWMSMADE B27865 07/01/04 07/01/05 AGGREGATE $ 1,000,000. DE TIBLE $ X ON $10,000 $ WORKERS NSATION AND X TORY LIMITS ER B ~PFROPRIEr ANY nRirERIEXECUTIVE TSF0010773302 07/01/04 07/01/05 EL.EA.CHACCIDENT $1000000 OFF! EXCLUDED? E.L. DISEASE- EAEMPLOYEE $ 1000000 If yes, describe SPECIAL PRO below EL. DISEASE- POLICY LIMB $ 1000000 A OTHER LEASED UIPIENT CLP3192274B 07/01/04 07/01/05 EACH ITEM $100,000 ALL ITEMS $300,000 DESCRIPTION OF OP T10NS I LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL. PROVISIONS CERTIFICATE HOLDER CANCELLATION MCCLB01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN MC URE 6M BROME ENGINEERING NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 3 PING INC 10 WOODCREEK DRIVE # 103 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR CO GE STATION TX 77845 REPRESENTATIVES. ACOKU ZS (ZUU ) W ACOKU CORPORATION 15738 .i 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 ACORD 25 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 after the coverage afforded by the policies listed thereon. I, the u representative I have I am ofthe opi acting throng] to execute sa agreements cc with terms, cc CERTIFICATE OF OWNER'S ATTORNEY i ed, B, \l ~~~~oc~ , the duly authorized and acting legal do hereby certify as follows: amined the attached Contract(s) and surety bonds and the manner of execution thereof, and )n that each of the aforesaid agreements has been duly executed by the proper parties thereto ieir duly authorized representatives, that said representatives have full power and authority agreements on behalf of the respective parties named thereon; and that the foregoing titute valid and legally binding obligations upon the parties executing the same in accordance litions and provisions thereof. Q~Rs -1%. - Signature k,\ v-\ Date 00660 - Page I of 2 AAA This page was intentionally left blank. 00660 - Page 2 of 2 2 7 'I STANDARD GENERAL CONDITIONS OF TBE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS CONW ITTEE and Issued and Published Jointly By National Society of tntessional EeylJnNrs AMERICAN CONSULTING Rs a~ryybisaskPrb'1rP►xtkr AMERICAN SOCIETY OF ENGINEERS COUNCIL CIVILE14001EERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America a Construction Specifications Institute Advancement of Combuction Technology EJCDC No. 1 (1996 Edition) - MODIFIED BY ABEI 2/99 00700 - Page 1 of 42 0? x Copyright °1996 National Society of Professional Engineers 1420 King Street, Alexandra, VA 22314 American Consulting Engineering Council 1015 15th Street N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 00700 - Page 2 of 42 f > , a " l T TABLE OF CONTENTS ARTICLE I - D ONS AND TERNUNOLOGY 1.01 fined Terms 6 1.02 T inology 8 ARTICLE 2 - P ARY MATTERS 2.01 ivery of Bonds 9 2.02 ies of Documents 9 2.03 mencement of Contract Times; Notice to Proceed 9 2.04 S ngthe Work 9 2.05 ore Starting Construction 9 2.06 construction Conference.. 10 2.07 I 'al Acceptance of Schedules 10 ARTICLE 3 - CO CT DOCUMENTS: INTENT, AMENDING, REUSE e 3.01 le t 10 3.02 rence Standards 11 3.03 rting and Resolving Discrepancies 11 3.04 nding and Supplementing Contract Documents I 1 3.05 of Documents 11 ARTICLE 4 - AV1 1 ABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS . 4.01 lability o'Lands 12 4.02 S surface and Physical Conditions 12 4.03 4.03 Bring Subsurface or physical Conditions 12 4.04 erground Facilities 13 4.05 erence Points 14 4.06 h ardous Environmental Condition at Site 14 ARTICLE 5 - BO S AND INSURANCE 5.01 ormance, Pcryment, and Other Bonds 15 j 5.02 . ensed Sureties and insurers 15 5.03 ificates of Insurance 15 5-04 N7RACTOR's Liability Insurance 16 5.05 ER's Liability Insurance 16 5.06 ty Insurance r 17 5.07 [e r of Rights 17 5.08 pt and Application of Insurance Proceeds . 18 5.09 j7tai ce of Bonds and Insurance, Option to Replace 18 5.10 ial Utilization, Acknowledgment of property Insurer 18 1 ARTICLE 6 - cot r CTOR'S RESPONSIBILITIES 6.01 rvision and Superintendence . 19 6.02 or., Working Hours 19 ' 6.03 ices, Materials, and Equipment 19 6.04 Tess Schedule 19 6.07 11 ent Fees and Royalties 22 6.98 its 22 6.09 and Regulations 22 6.10 li xes 22 6.11 e of Site and Other Areas 22 6.12 cord Documents 23 00700 - Page 3 of 42 59 30 6.13 ty and Protection . 6.14 23 ty Representative 6.15 l , , , , , , , 24 and Communication Programs 6.16 . 24 rgencies 6.17 Drawings and Samples 24 ip 6._18 24 ntinuingthe Work 6.19 NTRACTOR's General Warranty and Guarantee 25 6.20 I 25 emnification . ARTICLE 26 - OTHER WORK . 26 _ ARTICLE 8 - OVA Z 'S RESPONSIBILITIES 8.01 munications to contractor . 8.02 R 27 i lacement of ENGINEER 8.03 27 wish Data 8.04 P 27 Promptly When Due $.OS L a rd 27 . s and Easements; Reports and Tests 8.06 In s . 27 ance . 8.07 C 27 ge Orders . 8.08 I ' 27 ections, Tests and Approvals 8.09 Li , 27 Ptations on OWNER's Responsibilities . 8.10 U 27 isclosed Hazardous Environmental' Conditio . 8.11 E n . . . . " " ' 27 ence of Financial Arrangements 27 ARTICLE 9 - ENG 'S STATUS DURING CONSTRUCTION 9.01 01 A 'S Representative 9.02 Yi 27 s to Site . 9.03. Pr . 27 ect Representative . 9.04 C1, 2 28 ft cations and Interpretations 9.05 A 28 orized Variations in work . ' . 9.06 R . 28 cting Defective Work . 9.07 Sh 28 Drawings, Change Orders and Payments 9.08 D 28 rminations for Unit Price Work . 9.09 D 28 sions on Requirements of Contract Documents and Acceptability of work 9.10 Li . 29 ations on ENGINEER's Authority and Responsibilities . . . . . . . . . . . . 29 ARTICLE 10 - CHA#GES IN THE WORK; CLAIMS 10.01 A orized Changes in the Work . 10.02 Un horized Changes in the Work 29 10.03 Ex ution of Change Orders 29 10.04 No, I Surety 29 10.05 CI and Disputes 30 30 ARTICLE 11 - COSI. F THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 11.01 Co ofthe Work 11.02 C Allowances 30 11.03 Uni t ce Work.. . 32 . 33 ARTICLE 12 - E OF CONTRACT PRICE; CHANGE OF CONTRACT MISS 12.01 Ch e of Contract Price 12.02 Ch e of Contract Times . 33 12.03 Del is Beyond COMRAC'TORIs Control 33 12.04 Del . Within CONTRACTOR's Control 33 12.05 Del . s Beyond OWNER's and CON7RACTOR's Control 34 12.06 De1 1 Damages 34 1 34 00700 - Page 4 of 42 ARTICLE 13 - T 13.01 13.02 13.03 13.04 13.05 ARTICLE714 - P. 14.01 14.02 -14.03 14.04 14.05 14.06 14.07 14.08 14.09 ARTICLE 15 - S 15.01 } 15.02 15.03 1 15.04. 1 t ARTICLE 16 - D 16.01. ARTICLE 17 -.Iv 17.01 .17.02 17.03 17.04 17.05 AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK e of Defects 34 sto Work 34 and Inspections 34 vering Work 35 ER May Stop the Work 35 3NTS TO CONTRACTOR AND COMPLETION Jule of Values . 36 -ess Payments 37 TRACTOR's Warranty of Title 38 antial Completion 38 al Utilization 39 Inspection 39 Payment 39 Completion Delayed 40 er of Claims 40 NSION OF WORK AND TERMINATION ER May Suspend Work 40 ER May Terminatefor Cause 40 ER May Terminate For Convenience 41 TRACTOR May Stop Work or Terminate 41 IB RESOLUTION ads and Procedures. 42 Notice 42 tation of.Times _ 42 ztive Remedies 42 d of Obligations 42 [ling Law 42 00700 - Page 5 of 42' 5g39 GENERAL CONDITIONS ARTICLE I - AND TERMINOLOGY Contract Times, issued on or after the Effective Date of the Agreement. 1.01 Defined Te) A. Where used in the Contract Documents and printed with initial all capital letters, the terms listed below Will have the mean indicated which are applicable to both the singular and p al thereof -1. A nda - Written or graphic instruments issued prior o the opening of Bids which clarify, correct, or ge the Bidding Requirements or the Contract ments. 2. Ag? evidence of CONTRAC 3. App acceptable t CONTRACT requesting p. be accompan is required b: ment - The written instrument which is he agreement between OWNER and R covering the Work i cation for Payment - The form ) ENGINEER which is to be used by R during the course of the Work in ess or final payments and which is to t by such supporting documentation as he Contract Documents. -4. Asb os - Any material that contains more than one per( 0 t asbestos and is friable or is releasing 'asbestos.fibe 'into the air above current action levels established b, rl the United States Occupational Safety and Health 'nistration. 5. Bid The offer or proposal of a bidder -subitiitted o he prescribed form setting forth the prices for the ork to be performed 6. Bi g Documents - The Bidding Requirement d the proposed Contract Documents (including all idenda issued prior to receipt of Bids). 7. Bi gRequirements -The Advertisement or Invitation to Instructions to Bidders, Bid security form, if any, d the Bid form with any supplements. 8. Bon and other, ins 9. Chan ENGINEER OWNER and autho the Work or an ac Bid, Performance and Payment Bonds ments of security. b-der - A document recommended by ch is signed by CONTRACTOR and s an addition, deletion, or revision in tment in the Contract Price or the 10. Claim - A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the. Contract. A demand for money or services by a third party is not a Claim. 11. Contract - The entire and integrated written agreement between the OWNER and CONTRACTOR concerning the Work The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents The Contract Documents establish the rights and obligations of the parties and include the Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and P.NGINEER's written interpretations and clarifications issued on or after the Effective Date of the Agreement.' Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format of text, data, graphics, and the like that may be furnished by OWNER to CONTRACTOR are not Contract Documents. 13. Contract Price - The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.03 in the case of Unit Price Work). 14. Contract Times - The number of days or the dates stated in the Agreement to: (i) achieve Substantial Completion; and (ii) complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment. 00700 - Page 6 of 42 59 33 T_ ' t 15. CO tACTOR -The individual orentity with whom O has entered into the Agreement. 16. Cos ft he Work - See paragraph I LOLA for definition. 17. Dra Documents which grapl character o CONTRACI CONTRACT defined ings - That part of the Contract -epared or approved by ENGINEER cally shows the scope, extent, and the Work to be performed by )R Shop Drawings and other )R submittals are not Drawings as so 18. Effe le ve Date of the Agreement - The date indicated in e Agreement on which it becomes effective, but no such date is indicated, it means the date on whi he Agreement is signed and delivered by the last two parties to sign and deliver. 19. EN WEER - The individual or entity.named as such in th eement. 20. EN NEER's Consultant - An individual or entity havin contract with ENGINEER to furnish services as GIl~EER's independent professional associate or nsultant with respect to the Project and who is ide ied as such in the Supplementary Conditions. 21. Fie Order- A written order issued by ENGI- NEER whic equires minor changes in the Work but which 'does . involve a change in the Contract Price or the Con Times. . 22. Ge & Requirements - Sections of Division 1 of the S cations. The General Requirements I pertain to al ions of the Specifications. 13. H dour Environmental Condition -The ' presence at a Site of Asbestos, PCBS, Petroleum, Hazardous te, or Radioactive Material in such quantities circumstances that may present a substantial i I- ger to persons or property exposed thereto in co n ection with the Work 24. H dour Waste -The termHazardous Waste shall have meaning provided in Section 1004 of the Solid Waste Xsposal Act (42 USC Section 6903) as amended fro time to time. 25. L and Regulations, Laws or Regulations - Any and applicable laws, rules, regulations, ordinances, odes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 26. Liens - Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 27. Milestone - A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work 28. Notice of Award - The written notice by OWNER to the apparent successful bidder stating that upon timely compliance by the apparent successful bidder with the conditions precedent listed therein, OWNER will sign and deliver the Agreement. 29. Notice to Proceed - A written notice given by OWNER to CONTRACTOR fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform the Work under the Contract Documents. 30. OWNER - The individual, entity, public body, or authority with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be performed 31. Partial Utilization - Use by OWNER of a substantially completed part of . the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work 32. PCBs - Polychlorinated biphenyls. 33. Petroleum - Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non- Hazardous Waste and crude oils. 34. Project - The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part as may be indicated elsewhere in the Contract Documents. 35. Project Manual - The bound documentary information prepared for bidding and constructing the Work A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 00700 - Page 7 of 42 ~n~ 36. R 'oactive Material - Source, special nuclear, or product material as defined by the Atomic Energy Act 1954 (42 USC Section 2011 et seq.) as amended fro time to time. 37. Re~ jdent Project Representative - The authorized resentative of ENGINEER who may be assigned to a Site or any part thereof. 38. Sw p, les - Physical examples of materials, equipment, workmanship that are representative of some porti of the Work and which establish the s standards b ! which such portion of the Work will be judged 39. Sh Drawings - All drawings, diagrams, illustrations hedules, and other data or information which are sr c ically prepared or assembled by or for CONTRA R and submitted by CONTRACTOR to illustrate so portion of the Work 40. Site Lands or areas indicated in the Contract Documents beingfurnished by OWNER upon which the Work is ti o be performed, including rights-of-way and easeme for access thereto, and such other lands furnished by WNER which are designated for the use of CO OR 41. Spe rcations - That part of the Contract Documents c isting of written technical descriptions of materials equipment, systems, standards, and workmanshi as applied to. the Work and certain administrati details applicable thereto. 42. Sub ntractor- An individual orentity having a direct con ct with CONTRACTOR or with any other Subcon or for the performance of apart of the Work at the e. 43. Sub tial Completion - The time at which the Work (or; i pecked part thereof) has progressed to the point wh e, in the opinion of ENGINEER, the Work (or a peed part thereof) is sufficiently complete, in ordance with the Contract Documents, so that the k (or a specified part thereof) can be utilized for t purposes for which it is intended The terms "subst ' tially complete" and "substantially completed" as , pplied to all or part of the Work refer to Substantial CA )i pletion thereof. 44. Supp mentmy Conditions - That part of the Contract Doc ents which amends or supplements these General C onditions. 1.. 45. Supplier - A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 46. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 47. Unit Price Work - Work to be paid for on the basis of unit prices. 48. Work - The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of. performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 49. Work Change Directive - A written statement to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or " to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 50. Written Amendment - A written statement modifyingthe ContractDocuments, signedbyOWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction-related aspects of the Contract Documents. 1.02 Terminology 00700 - Page 8 of 42 S ~r e , A Intent 1. terms effect -satu are u ENC such evah coml ' infol confi or indic there is The use effective authorit the Wol B. Day 1. calend to the C. Defectii j+ 1. Th word "Wort faulty, or de Contract Do of any inspe referred to damaged pi f final payme thereof has Completion 14.05). D. Furnis, 1. Th with service supply anc equipment t, ready for us condition. Terms orAdjectives Jhenever in the Contract Documents the allowed," "as approved," or terms of like import are used, or the adjectives .e," "suitable," "acceptable," "proper," ry," or adjectives of like effect or import describe an action or determination of rR as to the Work, it is intended that in or determination will be solely to in general, the completed Work for e with the , requirements of and in in the Contract Documents and ice with the design concept of the Project as a functioning whole as shown ed in the Contract Documents (unless ,pecific statement indicating otherwise). any such term or adjective shall not be o assign to ENG1NHER any duty or o supervise or direct the performance of or any duty or authority to undertake lity contrary to the provisions of 9.10 or any other provision of the k mments 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. . 3. . The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean . to furnish and. install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "provide". is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of CONTRACTOR, "provide" is implied E. Unless stated otherwise inthe ContractDocuments, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning, ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds ie word "day" shall constitute a A. When CONTRACTOR delivers the executed ty of 24 hours measured from midnight Agreements to OWNER, CONTRACTOR shall also deliver midnight to OWNER such Bonds as CONTRACTOR may be required to furnish. Nord "defective," when modifying the refers to Work that is unsatisfactory, ;ient in that it does not conform to the ments or does not meet the requirements on, reference standard, test, or approval the Contract Documents, or has been r to ENGINEER's recommendation of (unless responsibility for the protection en assumed by OWNER at Substantial [ accordance with paragraph 14.04 or Perform, Provide rd "furnish,".when used in connection aterials, or equipment, shall mean to ;liver said services, materials, or Site (or some other specified location) installation and in usable or operable 2.02 Copies ofDoeuments A. OWNER shall furnish to CONTRACTOR up to ten copies of the Contract Documents. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A The Contract Times will commence to run on the day indicated in the Notice to Proceed. 2.04 Starting the Work A CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. CONTRA CTOR'sReview of Contract Documents: 00700 Page 9 of 42 Before undertake each part of the Work, CONTRACTOR shall carefully stu and compare the Contract Documents and check and rift' pertinent figures therein and all applicable : field easurements. CONTRACTOR shall promptly report in 'ting to ENGINEER any conflict, error, ambiguity, or di repancy which CONTRACTOR may discover and shl, obtain a written interpretation or clarification from NGINEER before proceeding with any Work affected they y, however, CONTRACTOR shall not be liable to OWNER r ENGINEER for failure to report any conflict, error, an I ' ity, or discrepancy in the Contract Documents unles : CONTRACTOR knew or reasonably should have kno hereof B. Prelimin Schedules: Within ten days after the Effective Date of thgreement (unless otherwise specified in the General Requi ents), CONTRACTOR shall submit to ENGINEER for its tmely review. 1.. ap iminaryprogressschedule indicatingthe times (num rs of .days or dates) for starting and completing various stages of the Work, including any Milesto specked in the Contract Documents; 2. a p iminary schedule of Shop Drawing and Sample sub. r ittals which will list each required submittal an he times for submitting, reviewing, and processing ch submittal (if such schedule is specifically uested by ENGINEER); and 3 a pr iminary schedule of values for all of the Work which i . ncludes quantities and prices of items. which when ed together equal the Contract Price and 'subdivi the Work into component parts in sufficient de '1 to serve as the basis for progress payments d ng performance of the Work Such prices will in de an appropriate amount of overhead and profit a cable to each item of Work C. Evidenc f Insurance: Before any Work at the Site is started, CO TRACTOR shall each deliver to the OWNER, with copi to each additional insured identified in the Supplementary nditions, certificates of insurance (and other evidence of in., t ance which either the OWNER or any additional insure ! may reasonably request) which CONTRACTOR is quired to purchase and maintain in accordance with Art e 5. 2.06 Preconstruc4 Conference A. Within 2 ys after the Contract Times start to run, but before any frk at the Site is started, a conference attended by COINIMT1 TOR, ENGINEER, and others as appropriate will be h o establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.05.B, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance of Schedules A. Unless otherwise provided in the Contract Documents, at least ten days before submission of the first Application for Payment a conference attended by CONTRACTOR, ENGINEER, and others as appropriate will be held to reviewfor acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.05.B. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until acceptable schedules are submitted to ENGINEER. 1. The progress schedule will be acceptable to ENGINEER if it provides an orderlyprogression of the Work to completion within any specified Milestones and the Contract Times. Such acceptance will not impose on ENGINEER responsibility for the progress schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. 2. CONTRACTOR's schedule of Shop Drawing and Sample submittals will be acceptable to ENGINEER if it provides a workable arrangement for reviewing and processing the required submittals. 3. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work . ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The ContractDocuments are complementary, what is called for by one is as binding as if called for by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not 00700 - Page 10 of 42 specifically called C. Clarif Documents shall Article 9. 3.02 Reference A Stand Regulations 1. I manuals, whether suc shall mean tl Laws or Reg Bids (or on t were no Bid stated in the 2. No Supplier shy responsibilit ENGINEER r consultants, ~j in the Con provision o ` OWNER, I Consultants, to supervise any duty o I inconsistent Documents. 3.03 Reporting a, A. Reporti. 1. If, CONTRAC ambiguity Documents anyprovisic the perforrr specificatioi any Suppli ENGINEEF not proceed an emergen an amends Documents indicated in at no additional cost to OWNER. ons and interpretations of the Contract issued by ENGINEER as provided in CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity, or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. B. Resolving Discrepancies Specifications, Codes, Laws, and ,nce to standards, specifications, codes of any technical society, it association, or to Laws or Regulations, reference be specific or by implication, standard, specification, manual, code, or ations in effect at the time of opening of Effective Date of the Agreement if there except as may be otherwise specifically ontract Documents: 1. Except as maybe otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or b. theprovisionsofanyLawsorRegulations applicable to the performance of the Work (unless provision of any such . standard, such an interpretation of the provisions of the manual or code, or any instruction of a Contract Documents would result in violation of be effective to change the duties or such Law or Regulation). of OWNER, CONTRACTOR, or or any of their subcontractors, 3.04 Amending and Supplementing Contract Documents ;ents, or employees from those set forth act Documents, nor shall any such . A The Contract Documents may. be.amended to instruction be effective to assign to provide for additions, deletions, and revisions in the Work or fGINEER, or any of ENGINEER's to modify the terms and conditions thereof in one or more of gents, or employees any duty or authority .the following ways: (i) a Written Amendment; (ii) a Change direct the performance of the Work or Order, or (iii) a Work Change Directive. authority to undertake responsibility vith the provisions of the Contract B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following Resolving Discrepancies wdys: (i) a Field Order, (ii) ENGINEER's approval of a Shop Drawing or Sample; or (iii) ENGINEER's written Discrepancies interpretation or clarification. uring the performance of the Work )R discovers any conflict, error, discrepancy within the Contract between the Contract Documents and of any Law or Regulation applicable to :ice of the Work or of any standard, manual or code, or of any instruction of , CONTRACTOR shall report it to a writing at once. CONTRACTOR shall ith the Work affected thereby (except in as required by paragraph 6.16. A) until mt or supplement to the Contract as been issued by one of the methods paragraph 3.04; provided, however, that 3.05 Reuse of Documents A- CONTRACTORandanySubcontractoror Supplier or other individual or entity performing or furnishing any of the Work under a direct or indirect contract with OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEERorENG1NEER's Consultant, includingelectronic media editions; and (ii) shall not reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptionbyENGINEER This prohibition will 00700 Page 11 of 42 h 4 3 9 survive final pa ent, _ completion, and acceptance of the Work, or termina n or completion of the Contract. Nothing herein shall precl 1 le CONTRACTOR from retaining copies of the'Contract uments for record purposes. ARTICLE 4 - AV ABILITY OF LANDS; SUBSURFACE AND PHYSICAL V V ONDMONS; REFERENCE POINTS 4.01 Availabili fLands A. OWNI T . shall furnish the Site. OWNER shall notify CONTRA( 3 OR of any encumbrances or restrictions not of general app tion but specifically related to use of the Site with which CTOR must comply in performing the Work < 0 will obtain in a timely manner and pay for easements for ent structures or permanent changes in existing faciliti ' . If CONTRACTOR and OWNER are unable to agree on titlement to or on the amount or extent if any, of any adj , ent in the Contract Price or Contract Times, ore both, a result of any delay in OWNER's furnishing,,the Si CONTRACTOR may make a Claim therefor as provid ! in paragraph 10.05. B. Upon r onable written request, OWNER shall furnish CONTRA OR with a current statement of record legal title and lega. escription of the lands upon which the Work is to be perf ed and OWNER's interest therein as necessary for givi notice of or filing a mechanic's or construction lien t such lands in accordance with applicable Laws an, i Regulations. C. CO CTOR shall provide for all additional lands and access th eto that may be required for temporary construction faciliti or storage of materials and equipment. 4.02 , Subsurface * Physical Conditions A. RepI Ind Drawings: The Supplementary Conditions identify- L those reports of explorations and tests of subsurface co r, at or contiguous to the Site that ENGINEER as used in preparing the Contract Documents; 2. tho wings of physical conditions in or relating to ex' 'ng surface or subsurface structures at or contiguou , -to the Site (except Underground Facilities) tha GINLER has used in preparing the Contract ents. B. Limited DataAuthorized• c by CONTRACTOR on Technical CTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not relyupon or make any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, and safe, Precautions and programs incident thereto, or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or physical Conditions A Notice: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraph 4.02 is 'materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materiallyfrom that shown or indicated in the Contract Documents, or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), notify OWNER and ENMEER in writing about such condition. CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 00700 - Page 12 of 42 . a B. ENGIN. notice as required promptly review . necessity of OWN tests with respect (with a copy to C( and conclusions. C. Possible 1. The both, will b existence of condition CONTRAC performancc following a. more a 4.03.A; b. Unit Pr will be and 11. 2. CC adjustment a. such coi a final Contrac submiss negotia is . Review: After receipt of written. , paragraph.4.03.:A, ENGINEER will pertinent condition, determine the s obtaining additional exploration or veto, and advise OWNER in writing 'RACTOR) of BNGINBER's findings and Times Adjustments tract Price or the Contract Times, or iitably adjusted to the extent that the ,h differing subsurface or physical es an increase or decrease in is cost of, or time required for, the Work:; subject, however, to the i condition must meet any one or categories described in paragraph +ith respect to Work that is paid for on a Basis, any adjustment in Contract Price jest to the provisions of paragraphs 9.08 ACTOR shall not be entitled to any Contract Price or Contract Times if, NTRACTOR knew of the existence of 'tions at the time CONTRACTOR made miriitment to OWNER in respect of Price and Contract Times by the n of a Bid or becoming bound under a contract; or b. he existence of such condition could reaso have been discovered or revealed as a result any examination, investigation, explo n, test, or study of the. Site and contigu areas required by the Bidding Require ents or Contract Documents to be conduct by or for CONTRACTOR prior to CONTI, CTOR'smaldngsuchfinalcommitment; or c. NTRACTORfailed to give the written notice ` 'thin the time and as required by paragra pi 403A 3. If and CONTRACTOR are unable to agree on en ement to or on the amount or extent, if any, of an ' adjustment in the Contract Price or c. coordination of the Work with the owners of such Underground Facilities, including OWNER, during construction, and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), identify the owner of such 00700 Page 13 of 42 40 Contract Times, or both, a Claim maybe made therefor as provided in paragraph 10.05. However, OWNER, ENGINEER, and BNGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.04 Underground Facilities A Shown or Indicated. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities, including OWNER, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and CONTRACTOR shall have full responsibility for: - a, reviewing and checking all such information and data, b. locating allUndergroundFacilities shown or indicated in the Contract Documents, Unde that o and Facility and give written notice to "technical data," CONTRACTOR not rely upon or make r e and to OWNER and ENGINEER :EN GI . any y Claim against OWNER, ENGINEER or any of . ER will promptly review the ENGINEER's Consultants with respect to. Unde and Facility and determine the extent, if any, to D ch a change is required in the Contract 1. the completeness of such reports and d i ocu co raw ngs is to reflect and document the for CONTRACTOR's purposes, including, but not noes of the existence or location of th Under e and Facility. During such time, limited to, any aspects of the means,. methods, techniques, sequences and procedures of CO CTOR shall be responsible for the safety construction to be employed by CONTRACTOR a d and pr ion of such Underground Facility n safety precautions and programs incident thereto; or 2. Di contiguous very of underground facilities at or the site which are not shown 2. other data, interpretations, opinions and indicated i , or he Contract Documents, or which have information contained in such reports or shown or indicated in such drawin been misl by their respective owners, shall not be gs; or grounds for for unit pri crease in the Contract Price, except that, ntractor, payment shall be adjusted for 3. any CONTRACTOR interpretation of or increased or reased constructed units of the various conclusion drawn from any "technical data" or any such other data interpretations i i bid items re lting from realignment or rerouting, if , , op n ons or information said realigruc nt or rerouting is deemed necessary by . the ENG C. CONTRACTOR shall not be responsible for an 4.05 Reference P is y Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Dr i A OWNER t shall provide engineering surveys to aw ngs or Specifications or identified in the Contract Documents to be within the scope of the W k CO establish • referen ENGINEER' points for construction which in or - NTRACTOR shall be responsible for allazardous Environmental Condition created s ju CONTRACTOR to pent are necessary to enable oceed with the Work CONTRACTOR with any materials brought to the Site by CONTRACTOR, shall be responsible r laying out the Work, shall protect and Subcontractors, Suppliers, or anyone else for whom CONTRACTOR is res onsible preserve the es 1 shed reference points and property p . monuments, and sh the prior written ap make no changes or relocations without val of OWNER CONTRACTOR shall ' D. If CONTRACTOR encounters a Hazardous Environmental Condition or if CONTRACTOR r f report to ENGINE r e m whenever any reference point or ' o anyone or whom CONTRACTOR is responsible creates a Hazard p op rty onument because of necessar3 lost or destroyed or requires relocation hanges in grades or locations and shall ous Environmental Condition, CONTRACTOR shall i be responsible fort , accurate replacement or relocation of mmediately. (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with h such reference point qualified personnel r property monuments byprofessionally suc condition and in any area affected thtiere by (except in an emergency as required . by paragraph 6.16); and (iii) notify OWNER and ENGINEER 4.06 Hazardous E ironmental Condition at Site (and promptly thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER conce i A. Reports Drawings: Reference is made to the rn ng the necessity for OWNER to retain a qualified expert to evaluate such condition or take correcti ti if Supplementary Con c tions for the identification of those ve ac on, any. reports and drawinly; elating to a Hazardous Environmental E. CONTRACTOR shall not be required to resum Condition identified by the ENG the Site, if any, that have been utilized i h e Work in connection with such condition or in any affected Documents n t e preparation of the Contract area until after OWNER has obtained any required permits . related thereto and delivered to CONTRACTOR written B. Limited R 'ance by CONTRACTOR on Technical notice: (i) specifying that such condition and any affected area is or has been rendered safe for th i DataAuthorized.• C " CTOR may rely upon the general e resumpt on of Work; or (ii) specifying any special conditions under which such accuracy of the tec drawings but such data" contained in such reports and t d Work may be resumed . safely. If OWNER and , ill Documents S h s an r drawings are not Contract h ' CONTRACTOR cannot agree as to entitlement to or on the . uc Supplementary Con ec nical data is identified in the ons. Except for such reliance on such amount or extent, if any, of any adjustment in Contract Price or Contr t Ti ac mes, or both, as a result of such Work stoppage 00700 - Page 14 of 42 ~g 41 or such special con, I ions under which Work is agreed to be L The provisions of paragraphs 4.02, 4.03, and 4.04 resumed by CONTR CTOR, either party may make a Claim are not intended to apply to a Hazardous Environmental therefor as providec n paragraph 10.05. Condition uncovered or revealed at the Site. F. If afte receipt of such written notice CONTRACTOR d not agree to resume such Work based ARTICLE 5 - BONDS AND INSURANCE on a reasonable bell it is unsafe, or does not agree to resume such Work under st di special conditions, then OWNER may 5.01 Performance, Payment, and Other Bonds order the portion he Work that is in the area affected by such condition to leted from the Work If OWNER and A. CONTRACTOR shall furnish performance and CONTRACTOR of agree as to entitlement to or on the payment Bonds, each in an amount at least equal to the amount or extent, if y, of an adjustment in Contract Price or Contract Price as security for the faithful performance and Contract Times as result of deleting such portion of the payment of all CONTRACTOR's obligations under the Work, then either rty may make a Claim therefor as Contract Documents. These Bonds shall remain in effect at provided in paragra 10.05.OWNER may have such deleted least until one year after the date when final payment becomes portion of the Wor performed by OWNER's own forces or due, except as provided otherwise by Laws or Regulations or others in`accordan with Article 7. by the Contract Documents. CONTRACTOR shall also j furnish such other Bonds as are required by the Contract G. To the llest extent permitted by Laws and Documents. Regulations, O shall indemnify and hold harmless l CONTRACTOR, Su t ontractors,BNGINEER, ENGINEER's B. All Bonds shall be in the form prescribed by the Consultants and th icers, directors, partners, employees, Contract Documents except as provided otherwise by Laws or agents, other consul ts, and subcontractors of each and any Regulations, and shall be executed by such sureties as are j of them from and nst all claims, costs, losses, and named in the current list of "Companies Holding Certificates damages (including t not limited to all fees and charges of of Authority as Acceptable Sureties on Federal Bonds and as engineers, architect , attorneys, and other professionals and Acceptable Reinsuring Companies" as published in Circular all court or arbit on or other dispute resolution costs) 570 (amended) by the Financial Management Service, Surety r arising out of or m ating to a Hazardous Environmental Bond Branch, U. S. Department of the Treasury. All Bonds Condition, provi ;that such Hazardous Environmental signed by an agent must be accompanied by a certified copy of Condition: (i) was shown or indicated in the Drawings or such agent's authority to act. Specifications or i tified in the Contract Documents to be included within th ,scope : of the Work, and (ii), was not C. If the surety on any Bond furnished : by created. by CO_ CTOR or . by anyone for whom CONTRACTOR is declared bankrupt or becomes insolvent or CONTRACTOR is sponsible. Nothing in this paragraph its right to do business is terminated in any state where any 4.06.E shall obligate, WNER to indemnify any individual or part of the Project is located or it ceases to meet the entity from and agai, t the consequences of that individual's requirements of paragraph 5.01.13, CONTRACTOR shall or entity's own negl nee'. within 20 days thereafter substitute another Bond and surety, 1 both of which shall comply with the requirements of H. ` To the ' lest extent permitted by Laws and paragraphs 5.01.13 and 5.02. Regulations, CO CTOR shall indemnify and hold 1 harmless OWNER, GINEER, ENGINEER's Consultants, 5.02 Licensed Sureties and Insurers J and the officers, din ors, partners, employees, agents, other consultants, sulx ntractors of each and any of them from A. All Bonds and insurance required by the Contract and against all clai costs, losses, and damages (including Documents to be purchased and maintained by OWNER or but not limited to all ~es and charges of engineers, architects, CONTRACTOR shall be obtained from surety or insurance attorneys,'and other ofessionals and all court or arbitration companies that are duly licensed or authorized in the 4 or other dispute re tion costs) arising out of or relating to jurisdiction in which the Project is located to issue Bonds or a Hazardous En Y ronmental Condition created by insurance policies for the limits and coverages so required CONTRACTOR or anyone for.whom. CONTRACTOR is Such surety and insurance companies shall also meet such responsible. Nothin in this; paragraph 4.06,x, shall obligate additional requirements and qualifications as maybe provided CONTRACTOR to denuiify any individual or entity from in the Supplementary Conditions. and against the co uences of that individual's or entitys own negligence. 5.03 Certificates of.Insurance 00700 - Page 15 of 42 1►~" ~g 70,1- A. CONTE CTOR shall deliver to OWNER, with copies to each tional insured identified in the Supplementary Cot x tions, certificates of insurance (and other evidence of ins requested by OWNER or any other additional `insured which CONTRACTOR is required to purchase , and ntain. OWNER shall deliver to CONTRACTOR, th copies to each additional insured identified in the lementary Conditions, certificates of insurance (and of r evidence of insurance requested by CONTRACTOR any other additional insured) which OWNER is requir ' to purchase and maintain. 5.04 CONTRA C7PR'sLiability lnvxance A CONTR ACTOR shall purchase and maintain such liability and other surance as is appropriate for the Work being performed a as will provide protection from claims set forth below NN h ch may arise. out of or result from CONTRACTOR's performance of the Work and CONTRACTOR'. her obligations under the 'Contract Documents, whether tistobeperformedbyCONTRACrOR, any Subcontractor T Supplier, or by anyone directly or indirectly employ y any of them to perform any of the Work, or by anyone r whose acts any of them may be liable: .1. olau benefits, and 2. clam occupational CONTRACT 3. clair sickness or d CONTRACT under workers' compensation, disability her similar employee benefit acts; for damages because of bodily injury, sickness or disease, or death of R's employees; for damages because of bodily injury, fase, or death of any person other than 's employees; 4. clai for damages insured by reasonably available pen injury liability coverage which are sustained: (i) any person as a result of an offense directly or in ' ly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other Mason; 5. clor damages, other than to the Work itself, beta injury to or destruction of tangible property tierom, er located, including loss of use resulting and 6., clain L, for damages because of bodily injury or death of any son or property damage arising out of the ownershi ! maintenance or use of any motor vehicle. B. The polis of insurance so required by this paragraph 5.04 to be purchased and maintained shall: 1. with respect to insurance required by paragraphs 5.04.A3 through 5.04.A6 inclusive, include as additional insureds (subject to any customary exclusion in respect of professional liability) OWNER, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby, 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater, 3. include completed operations insurance; 4. include contractual liability insurance covering CONT'RACTOR's indemnity obligations under paragraphs 6.07, 6. 11, and 6.20, 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured . identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.03, will so provide), 6. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing, or replacing defective Work in accordance with paragraph 13.07; and 7. with respect to completed operations insurance, and any insurance coverage written on a claims-made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). 00700 - Page 16 of 42 43 11 5.05 OWNER's Li ility Insurance . 6. include testing and startup, and A In additi to the insurance required to be provided 7. be maintained in effect until final payment is by CONTRACTO R under paragraph 5.04, OWNER, at made unless otherwise agreed to in writing by OWNER's option, y purchase and maintain at OWNER's OWNER, CONTRACTOR, and ENGINEER with 30 expense OWNER' wn liability insurance as will protect days written notice to each other additional insured to OWNER against 'ms which may arise from operations whom a certificate of insurance has been issued under the Contract ocuments. 5.06 Property Ins w ante B. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and A. Unless erwise provided in the Supplementary maintained in accordance with paragraph 5.06 will contain a Conditions, CONTE ACTOR shall purchase and maintain . provision or endorsement that the coverage afforded will not property insurance n the Work at the Site in the amount of be canceled or materially changed or renewal refused until at the full replaceme cost thereof (subject to such deductible least 30 days prior written notice has been given to OWNER amounts as maybe ovided in the Supplementary Conditions and to each other additional insured to whom a certificate of or required by La and Regulations). This insurance shall: insurance has been issued and will contain waiver provisions I in accordance with paragraph 5.07. 1. inc de . the interests of OWNER, CONTRAC OR, Subcontractors, ENGINEER, C. OWNER shall not be responsible for purchasing ENGINEER nsultants, and any other individuals or and maintaining any property insurance specified in this } t entities ide ied in the Supplementary Conditions, - paragraph 5.06 to protect the interests of CONTRACTOR, and the offi , directors, partners, employees, agents, Subcontractors, or others in the Work to the extent of any 1 and other co ~ ultants and subcontractors of each and . deductible amounts that are identified in the Supplementary any of the each of whom is deemed to have an Conditions. The risk of loss within such identified deductible insurable in rest and shall be listed as an additional . amount will be borne by CONTRACTOR; Subcontractors, or insured; others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such 2.. be itten on a Builder's Risk "all-risk" or.. amounts, each may: purchase :and : maintain it at the open peril special causes of loss policy form that purchaser's own expense. shall at leas include insurance for physical loss or damage tot Work, temporary buildings, false work, 5.07 Waiver of Rights and materi and equipment in transit, and shall insure again; at least the following perils or causes of A OWNER and CONTRACTOR intend that all loss: fire, 'ghtning, extended coverage, theft, policies purchased in accordance with paragraph 5.06 will vandalism d malicious mischief, earthquake, protect OWNER, CONTRACTOR, Subcontractors, collapse, is removal, demolition occasioned by ENGINEER, ENGINEER's Consultants, and all other enforcement Laws and Regulations, water damage, individuals or entities identified in the Supplementary and such o r perils or causes of loss as may be Conditions to be listed as insureds or additional insureds (and specifically ired by the Supplementary Conditions;. the officers, directors, partners, employees, agents, and other 1 consultants and subcontractors of each and any of them) in ( 3. inc expenses incurred in the repair or such policies and will provide primary coverage for all losses replacement any insured property (including but not and damages caused by the perils or causes of loss covered limited tof and charges of engineers and architects); thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the 4. cove - materials and equipment stored at the insurers will have no rights of recovery against any of the Site or at an er location that was agreed to in writing insureds or additional insureds thereunder. OWNER and by OWNER prior to being incorporated in the Work, CONTRACTOR waive all rights against each other and their provided tha! uch materials and equipment have been respective officers, directors, partners, employees, agents, and included.in Application for Payment recommended other consultants and subcontractors of each and any of them byENGINE M; for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by 5. allay , for partial utilization of the Work by such policies and any other property insurance applicable to OWNER; the Work; and, in addition, waive all such rights against 00700 - Page 17 of 42 Subcontractors, El q ll INFER, ENGINEER's Consultants, and and the cost thereof covered by an appropriate Change Order a other. indivix uals or entities identified in the or Written Amendment Supplementary ditions to be listed as insureds or . additional :insur (and the officers, directors, partners, B. OWNER as fiduciary shall have power to adju t employees, agents d other consultants and subcontractors s and settle any loss with the insurers unless one of the parties of each and any damages so caus hem) under such policies for losses and { None of the above waivers shall extend in interest shall object in writing within 15 days after the ' to the rights that party making such waiver may have to occurrence of loss to OWNER s exercise of this power. If such objection be made, OWNER as fiduciar shall k the proceeds of i urance held by OWNER as trustee or y ma e settlement with the insurers in accordance with such otherwise payable der any policy so issued agreement as the parties in interest may reach. If no such B. OW waives all rights against agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insur CONTRACTOR, k11 4 bcontractors, ENGINEER, ENGINEER's ers and, if required in writing by any party in interest OWNER Consultants, and t officers, directors, partners, employees, , as fiduciary shall give bond for the proper performance of agents; and other ultants and subcontractors of each and such duties. any of them for: 5.09 . Acceptance ofBonds and Insurance, Option to Replace 1. loss due to business interruption, loss of use, , or other coi 4 1 equential loss extending beyond direct A. If either OWNER or CONTRACTOR has any physical los or damage, to OWNER's property or the objection to the coverage afforded by or other provisions of the Work y, arising out of, or resulting from fire or Bonds or insurance required to be purchased and maintained other peril ether or not insured by OWNER; and by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting 2. loss r damage to the completed Project or - party shall so notify the other party in writing within 10 days part thereof ' used by, arising out of, or resulting from after receipt of the certificates (or other evidence requested) fire or other ured peril or cause of loss covered by required by paragraph 2.05. C. OWNER and CONTRACTOR any propert3 nsurance maintained on the completed shall each provide to the other such additional information in Project or thereof by OWNER during partial respect of insurance provided as the other may reasonably utilization rsuant to paragraph 14.05, after request. If either party does not purchase or maintain all of Substantial ' mpletion pursuant to paragraph 14.04, the Bonds and insurance required of such party by the or after final yment pursuant to paragraph 14.07. Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the C. Any ins P ance policy maintained by OWNER Work, or of such failure to maintain prior to any change in the covering any loss, r ge or consequential loss referred to in required coverage. Without prejudice to any other right or parag aph 5.07.B s 1 contain provisions to the effect that in remedy, the other party may elect to obtain equivalent Bonds the event of pay r nt of any such loss, damage, or or insurance to protect such other party's interests at the consequential loss, insurers will have no rights of recovery expense of the party who was required to provide such against CONTRA ' OR, Subcontractors, ENGINEER, or coverage, and a Change Order shall be issued to adjust the BNGINEER s Cons is and the officers, directors, partners, Contract Price accordingly. employees, agents, d other consultants and subcontractors of each and any of t. I nL 5.10 Partial Utilization, Acknowledgment of Property Insurer 5.08 Receipt and licahon of Insurance Proceeds A. Any insur -d loss under the policies of insurance required by paragra 5.06 will be adjusted with OWNER and made payable to O as fiduciary for the insureds, as their interests may, subject to the requirements of any applicable mortgage ause and of paragraph 5.08.B. OWNER shall deposit in .a se ate. account any money so received and shall distribute it in cordance with such agreement as the parties in interest reach. If no other special agreement is reached, the damage Work shall be repaired or replaced, the moneys so received lied on account thereof, and the Work A. If OWNER finds it necessary to occupy or use a portion or portions of the.- Work prior to Substantial Completion of all the Work as provided in paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. 00700 - Page 18 of 42 5~' 45 ARTICLE 6 - RESPONSIB112MS 6.01 Supervision Wd Superintendence appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work A. CONTI CTOR shall supervise, inspect, and B. All materials and equipment incorporated into the direct- the Work c( t petently and efficiently, devoting such Work shall be as specified or, if not specified, shall be of good attention thereto an d applying such skills and expertise as may quality and new, except as otherwise provided in the Contract be necessary to Ix t Form the Work in accordance with the Documents. All warranties and guarantees specifically called Contract Docume s. CONTRACTOR shall be solely for by the Specifications shall expressly run to the benefit of responsible for th eans, methods, techniques, sequences, OWNER. If required by ENGINEER, CONTRACTOR shall and procedures of struction, but CONTRACTOR shall not furnish satisfactory evidence (including reports of required be responsible for negligence of OWNER or ENGINEER tests) as to the source, kind, and quality of materials and in the design or ication of a specific means, method, equipment. All materials and equipment shall be stored technique, sequen or procedure of construction which is ' , applied, installed, connected, erected, protected, used, cleaned, shown or indicated ' and expressly required by the Contract and conditioned in accordance with instructions of the l Documents. CON'. I CTOR shall be responsible to see that applicable Supplier, except as otherwise may be provided in } the completed Wo complies accurately with the Contract the Contract Documents. Documents. 6.04 Progress Schedule B. At all tk iies during the progress of the Work, CONTRACTOR all assign a competent resident A. CONTRACTOR shall adhere to the progress superintendent the to who shall not be replaced without schedule established in accordance with paragraph 2.07 as it written notice to and ENGINEER except under may be adjusted from time to time as provided below extraordinary cir stances. The superintendent will be CONTRACTOR's resentative at the Site and shall have 1. CONTRACTOR shall submit to ENGINEER authority to act behalf of CONTRACTOR All for acceptance (to the extent indicated in paragraph communications ' to or received from the superintendent 2.07) proposed adjustments in the progress schedule shall be binding on CONTRACTOR- that will not result in changing the Contract Times (or Milestones). Such adjustments will conform generally 6.02 Labor, wor Hours to the progress schedule then in effect and additionally - will comply with any provisions of the General A.. CONTR CTOR shall provide competent, suitably Requirements applicable thereto. qualified personnel survey, lay out, and construct the Work as required by the Contract Documents. CONTRACTOR 2. Proposed adjustments in the progress schedule shall at all times tain good discipline and order at the that will change the Contract Times (or Milestones) I Site. shall be submitted in accordance with the requirements j of Article 12. Such adjustments may only be made by B. Except otherwise required for the safety or a Change Order or Written Amendment in accordance protection of perso or the Work or property at the Site or with Article 12. } adjacent thereto, d except as otherwise stated in the Contract Document all Work at the Site shall be performed 6.05 Substitutes and "Or-Equal" during regular wor g hours, and CONTRACTOR will not permit overtime rk or the performance of Work on A Whenever an item of material or equipment is Saturday, Sunday, any legal holiday without OWNER's specked or described in the Contract Documents by using the written consent (W t h will not be unreasonably withheld) name of a proprietary item or the name of a particular i given after prior en notice to ENGINEER Supplier, the specification or description is intended to . establish the type, function, appearance, and quality required 6.03 Services, Ma % 'als, and Equipment Unless the specification or description contains or is followed - = bywords reading that no like, equivalent, or "or-equal" item A. Unless wise specified in the General or no substitution is permitted, other items of material or Requirements, CO CTOR shall provide and assume full t equipment or material or equipment of other Suppliers maybe responsibility for vices, materials, equipment, labor, submitted to ENGINEER for review under the circumstances transportation, cons on equipment and machinery, tools, described below. 00700 - Page 19 of 42 a 59 1. 4-Equal" Items. If in ENGIl4E s sole discretion item of material or equipment proposed by CO OR is functionally equal to that named and suffici tly similar so that no change in related Work will required, it may be considered by ENG as an "or-equal" item, in which case ":review and Approval of the proposed item may, in ENG sole discretion, be accomplished without compliance ith some or all of the requirements for approval of oposed substitute items. For the purposes `of this Para ph 6.05. A 1, a proposed item of material or equipme will be considered functionally equal to an item so ed if- a the exercise of reasonable . judgment -ENG determines that: (i) it is at least equal in.qual , durability, appearance, strength, and design acteristics; (ii) it will reliably perform at least ually well the function imposed by the design ncept of the completed Project as a functio i g whole, arid; b. NTRACTOR certifies that: (i) there is no incr in cost to the OWNER; and (ii) it will confo ubstantially, even with deviations, to the detailed equirements of the item named in the • rnntf- mmAntc 2. Substitute Items a in ENGINEER's sole discretion an item of : m_ a ' nial or equipment proposed by CONTR CTOR does not qualify as an 'or-equal" item in r paragraph 6.05.A 1, it will be conside a proposed substitute item b. informs ENG or equip that nan Request, material ENGI ONTRACTOR shall submit sufficient n as provided below to allow R to determine that the item of material ynt proposed is essentially equivalent to i and an acceptable substitute therefor. Dr review of proposed substitute items of r equipment will not be accepted by ?R from anyone other than c. he procedure for reviewbyENGINEER will be set forth in paragraph 6.05.A-2.d, as supplem , ted in the General Requirements and as ENGINE may decide is appropriate under, the d {CONTRACTOR shall first make written icat'14 to ENGINEER for review of a proposed substitute item of material or equipment that CONTRACTOR seeks to furnish or use. The application shall certify that the proposed' substitute item will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that . specified, and be suited to the same use as that specked The application will state the extent, if any, to which the use of the proposed substitute item willprejudice CONTRACTOR'sachievement of Substantial Completion on time, whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute item and whether or not incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute item from that specked will be identified in the application, and available engineering, sales, maintenance, repair, and replacement services will be indicated The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute item. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute item B. Substitute Construction Methods or Procedures. If a specific means, method, technique, sequence, or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique sequence, or procedure of construction approved by ENGINEER CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.05.A2. C. Engineer's Evaluation. ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.05. A and 6.05.B. ENGINEER will be the sole judge of acceptability. No "or-equal" or substitute will be ordered, installed or utilized until ENGMEER's review is complete, which will be evidenced by either a Change Order for a substitute or an 00700 - Page 20 of 42 . I approved Shop Dr advise CONTRA determination. D. Special CONTRACTOR t, special performnm any substitute. E.,ENGI, will record time Consultants in ev CONTRACTOR and in making cl provisions of any on the Project) ENGINEER api submitted by reimburse OWN ENGINEER's Cc substitute. F. CONYN provide all data in equal" at CONTRl 6.06 Concerning A. CONTP Subcontractor, Su (including those paragraph 6.06.B), against whom ON CONTRACTOR c Subcontractor, Sul furnish or perfor CONTRACTORIu B. If the identityof certai: individuals or entiti for acceptance by 1 Effective Date of tl submitted a list thei Conditions, OWN] failing to make wri for acceptance or e Contract Docurnew other individual'or basis - of reasonal CONTRACTOR s] the rejected Subco. entity, and the ( difference in the cc for an "or equal." ENGINEER will in writing of any negative itee: OWNER may require at CONTRACTOR's expense a ee or other surety with respect to R's Cost Reimbursement ENGINEER ired by ENGINEER and ENGINEER's :ing substitute proposed or submitted by uant to paragraphs 6.05.A.2 and 6.05.B as in the Contract Documents (or in the r direct contract with OWNER for work ;asioned thereby. Whether or not ,s a substitute item so proposed or (TRACTOR, CONTRACTOR shall for the charges of ENGINEER and tants?for evaluating each such proposed appropriate Change Order will be issued or Written Amendment signed No acceptance by OWNER of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work C. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other individual or entity, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. CONTRACTOR shall be solely responsible for )R's Expense: CONTRACTOR shall scheduling and coordinating the Work of Subcontractors, in of any proposed substitute or "or- Suppliers, and other individuals or entities performing or R's expense. ftimishing any of the Work under a direct or indirect contract with CONTRACTOR Suppliers, and Others CTOR shall not employ • any Mier, or other individual or entity ;eptable to OWNER as indicated in whether initially or as a replacement, 1ER may have :.reasonable objection ill not be required to employ any tier, or other individual or entity to any of the Work against whom reasonable objection ipplementary Conditions require the Subcontractors, Suppliers, or other to be submitted to OWNER in advance NNER by a specified date prior to the Agreement, and if CONTRACTOR has ff in accordance with the Supplementary Vs acceptance (either in writing or by z objection thereto by the date indicated ection in the Bidding Documents or the of any such Subcontractor, Supplier, or ttity so identified may be revoked on the `objection after due investigation 11 submit an acceptable replacement for ractor, Supplier, or other individual or ntract Price will be adjusted by the occasioned by such replacement, and an E. CONTRACTOR shall require all Subcontractors, Suppliers, and such other individuals or entities performing or Furnishing any of the Work to communicate with ENGRIEER through CONTRACTOR F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. . G. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.06, the agreement between the CONTRACTOR and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, 00700 - Page 21 of 42 employees, agent; ' and other consultants and subcontractors of each and any of I em) for all losses and damages caused by, arising out of, rel ing to, or resulting from any of the perils or causes of loss overed by such policies and any other property insuran, applicable to the Work If the insurers on any such policies mquire separate waiver forms to be signed p by any Subcont r or Supplier, CONTRACTOR will obtain the same. 6.07 Patent Fe d Royalties A CONTRA OR shall pay all license fees and royalties and assume all incident to the use in the performance of the Work or the it K rporation in the Work of any invention, design, process, uct, or device which is the subject of patent rights or c 'ghts held by others. If a particular invention, design, rocess, product, or device is specified in the Contract Doct ents for use in the performance of the Work and if to a actual knowledge of OWNER or ENGINEER its us; is subject to patent, rights or copyrights calling for the pa nt of any license fee or royalty'to others, the existence of su rights shall be disclosed by OWNER in the Contract Doc ents. To the fullest extent permitted by Laws and Regulati is, CONTRACTOR shall indemnify and hold harmless WNER, ENGINEER, ENGINEER's Consultants, and t rcers, directors, partners, employees or agents, and other nsultants of each and any of them from and against all cl i , costs, losses, and damages (including but not limited to al ees and charges of engineers, architects, attorneys, and oth rofessionals and all court or arbitration or other dispute re ution costs) arising out of or relating to any infringement tent rights or copyrights incident to the use in the perfo ce of the Work or resulting from the incorporation in th ork of any invention, design, process, product, or device t specified in the Contract Documents. 6.08 Permits A. Unle erwise provided in the Supplementary Conditions, CO ACTOR shall obtain and pay for all construction pe and licenses. OWNER shall assist CONTRACTOR n necessary, in obtaining such permits and licenses. C CTOR shall pay all governmental charges and ins n fees necessary for the prosecution of the Work which J plicable at the time of opening of Bids, or, if there ar n Bids, on the Effective Date of the Agreement. CTOR shall pay all charges of utility owners for conn to the Work, and OWNER shall pay all charges of s tility owners for capital costs related thereto, such as nvestment fees. 6.09 Laws and Relations A CONTR+ TOR shall give all notices and comply with all Laws and Regulations applicable to the performance of the Work Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. B. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Times. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in paragraph 10.05. 6.10 Taxes A. CONTRACTOR shall payall sales, consumer, use, and other similar taxes required to be paid by CONTRACTOR - - - in accordance with the Laws and Regulations of the place' of the Project which are applicable during the performance of the Work 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work I Should any claim be made by any such owner or occupant because of the performance of the Work, 00700 - Page 22 of 42 CO OR shall promptly settle with such documents, Samples, and Shop Drawings will be delivered to otherpai by negotiation or otherwise resolve the ENGINEER for OWNER claim b bitration or other dispute resolution or at law. 6.13 Safety and Protection 3. To fullest extent permitted by Laws and A. 'CONTRACTOR shall be solely responsible for Regulations, ONTRACTOR shall identify and hold . initiating, maintaining and supervising all safety precautions harmless - ENGINEER, ENGUdE s and programs in connection with the Work CONTRACTOR Consultant, . d the officers, directors, . partners, shall take all necessary precautions for the safety of, and shall - , employees, a, g nts, and other consultants of each and provide the necessary protection to prevent damage, injury or any of them m and against all claims, costs, losses, - loss to: and damages ncluding but not limited to all fees and charges of a neers, architects, attorneys, and other 1. all persons on the Site or who maybe affected professional nd all court or arbitration or other by the Work; dispute resol ion costs) arising out of or relating to any claim or ion, legal or equitable, brought by any . 2. all the Work and materials and equipment to such owner o cupant against OWNER, ENGINEER, be incorporated therein, whether in storage on or off or any other indemnified hereunder to the extent the Site; and caused by or based upon CONTRACTOWs performance the Work 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks,, pavements, f B. Remov of Debris During Performance of the roadways, structures, utilities, and Underground Work. During th t rogress of the Work CONTRACTOR Facilities not designated for removal, relocation, or I . . shall keep the Site other areas free from accumulations of replacement in the course of construction. waste materials, ish, and other debris. Removal and -disposal of such a materials, rubbish, and other debris B.: CONTRACTOR shall comply with all applicable . shall conform to a iiable Laws and Regulations. Laws and Regulations. relating to -the safety of persons or property, onto the protection of persons or property from C. Cleanin Prior to Substantial Completion of the damage, .injury, or loss; -and shall erect and maintain all =Work CONTRA R shall clean the Site and make it ready necessary-, safeguards for --such . safety and protection f for utilization by INER. --At the completion of the Work CONTRACTOR shall notify owners of adjacent property and f CONTRACTOR all remove.. from the Site all tools, of Underground Facilities and other utility owners when appliances,' const ion . equipment and machinery, and prosecution of the Work may affect them, and shall cooperate surplus materials shall restore to original condition all with them in the protection, removal, relocation, and property not desi ted for alteration by the Contract replacement of their property. All damage, injury, or loss to Documents. any property referred to in paragraph 6.13.A.2 or 6.13.A3 caused, directly or indirectly, in whole or in part, by D. Loadin tructures- CONTRACTOR shall not CONTRACTOR, any Subcontractor, Supplier, or any other load nor permit an of any structure to be loaded in any individual or entity directly or indirectly employed by any, of manner that wil endanger the structure, nor shall them to perform any of the Work, or anyone for whose acts CONTRACTOR s ject any part of the Work or adjacent any of them may be liable, shall be remedied by 1 property to stresses r pressures that will endanger it. CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions 6.12 Record Doc ents of OWNER or ENGINEER or ENGIl~ s Consultant, or 1 anyone employed by any of them, or anyone for whose acts A. CONT? CTOR shall maintain in a safe place at any of them may be liable, and not attributable, directly or the Site one recd copy of all Drawings, Specifications, indirectly, in whole or in part, to the fault or negligence of Addenda, Written Amendments, Change Orders, Work CONTRACTOR or any Subcontractor, Supplier, or other Change Directives field Orders, and written interpretations individual or entity directly or indirectly employed by any of and clarifications ' good order, and annotated to 'show them). CONTRACTOR's duties and responsibilities for safety changes made duri construction These record documents and for protection of the Work shall continue until such time together with all roved Samples and a counterpart of all as all the Work is completed and ENGINEER has issued a approved Shop D ' ngs will be available to ENGINEER for notice to OWNER' and CONTRACTOR in accordance with reference. Upon ompletion of the Work, these record paragraph 14.07.B that the Work is acceptable (except as 00700 - Page 23 of 42 1~ 5g 5a otherwise express provided in connection with Substantial intended and otherwise as ENGINEER may require to enable Completion). ENGINEER to review the submittal for the limited purposes required by paragraph 6.17.B. The numbers of each Sample to t 6.14 Safety Rep entative be submitted will be as specified in the Specifications. - A. CONTE ACTOR shall designate a qualified and C. Where a Shop Drawing or Sample is required by experienced safe presentative at the Site whose duties and the Contract Documents or the schedule of Shop Drawin responsibilities s 1 be the prevention of accidents and the gs and Sample submittals acceptable to ENGINEER as required maintaining and upervising of safety precautions and by paragraph 2.07, any related Work performed i programs. pr or to ENGRgEER's review and approval of the pertinent submittal 6.15 Hazard Co unication Programs will be at the sole expense and responsibility of CONTRACTOR A CO CTOR shall be responsible for D. Submittal Procedures coordinating any change of material safety data sheets or other hazard co 11 nication information required to be made 1. Before submitting each Shop Drawing or available to or exc ged between or among employers at the Sample, CONTRACTOR shall have determined and Site in accordance th Laws or Regulations. verified 6.16 Emergenc a. all field measurements, quantities, A. .In eme ncies affecting the safety or protection of dimensions, specified performance criteria, installation requirements, . materials, catalog persons or the Wor r property at the Site or adjacent thereto, numbers, and similar information with respect CONTRACTOR i obligated to act to prevent threatened thereto; damage, injury, loss. CONTRACTOR shall give ENGINEER pro tten notice if CONTRACTOR b. all materials with respect to intended use believes that any si t changes in the Work or variations , fabrication, shipping, handling, storage, assembly from the Contract nts have been caused thereby or are F , and installation pertaining to the performance of required as a resul ereof. If ENGINEER determines that a the Work; change in the Cont cuments is required because of the action taken by C ONTRACTOR in response to such an c. all information relative to means .emergency, a Work Change. Directive or Change Order will be , methods, techniques, sequences, and procedures of issued construction and safety precautions and programs incident thereto, and 6.17 Shop Drawl s and Samples d CONTRACTOR shall also have reviewed A CONTE " ACTOR shall submit Shop Drawings to b and coordinated each Shop 15rawing or Sattiple ENGINEER for re w and approval in accordance with the with other Shop Drawings and Samples and with acceptable schedule ShopDrawings and Sample submittals. the requirements of the Work and the Contract All submittals will identified as ENGINEER may require Documents. and in the numb of copies specified in the General Requirements. The shown on the Shop Drawings will be 2. Each submittal shall bear a stamp or specific complete with res to quantities, dimensions, specified written indication that CONTRACTOR has satisfied performance and gn criteria, materials, and similar data CONTRACTOR's obligations under the Contract to show BNG1NEE the services, materials, and equipment Documents with respect to CONTRACTOR's review CONTRACTOR es to provide and to enable and approval of that submittal ENGINEER to re ew the information for the limited purposes required b, r ph 6.17.E. 3. At the time of each submittal, CONTRACTOR shall give ENGINEER specific B. CO OR shall also subnut, Samples to written notice of such variations, if any, that the Shop ENGINEER for re w and approval in accordance with the Drawing or Sample submitted may have from the. acceptable schedule Shop Drawings and Sample submittals. requirements of the Contract Documents, such notice Each Sample will be ntified clearly as to material, Supplier, to be in a written communication separate from the pertinent data such catalog numbers, and the use for which submittal; and, in addition, shall cause a specific 00700 - Page 24 of 42 .j ♦ ry notation be made on each Shop Drawing and Sample miffed to ENGINEER for review and y?: approvdal each such variation . E. 1. EN Shop Drawi schedule of acceptable ti approval wil by the st given in the - with the desi functioning Documents. -i 2. ENI extend to m( procedures a means, meth construction 1 the Contract programs in( a separate ite assembly in 3.:.. ENI Drawings or from . respoi - requirements attention to submittal as ENGINEER variation b incorporated Sample appr; relieve CO complying w 1: . F. Resubm; Review JEER will timely review and approve and Samples in accordance with the op Drawings and Sample submittals vGINEER. ENGINEER's review and only to determine if the items covered ittals will, after installation or the Work, conform to the information )ntract Documents and be compatible concept of the completed Project as a ►ole as indicated by the Contract NEER's review and approval will not as, methods, techniques, sequences; or :onstruction (except where a particular I, technique, sequence, or procedure of specifically and expressly called for by )ocuments) or to safety precautions or lent thereto. The review and approval of 6.18 Continuing the Work A CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER- No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.04 or as OWNER'. and CONTRACTOR may otherwise agree in writing. 6.19' CONTRACTOR's General Warranty and Guarantee A CONTRACTOR warrants and guarantees to OWNER, ENGINEER, andENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by. 1. abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or 2. normal wear and tear under normal usage. as such will not indicate approval of the B.. CONTRACTOR's obligation to perform and rich the item functions. complete the Mork in ° accordance with the • Contract Documents shall be absolute. None of the following will NEER's review and approval of Shop . constitute -an acceptance of Work that is not in accordance anples shall not relieve CONTRACTOR with the :...Contract Documents or a release of ibility for any variation from --the : CONTRACTOR's obligation • to perform the : Work ' in of the Contract Documents unless accordance with the Contract Documents: IR has in writing called ENGINEER'S ch such variation at the time of each 1. observations by ENGINEER, required by paragraph 6.17.D.3 and as given written approval of each such 2. recommendation by ENGINEER or payment speck written notation thereof by OWNER of any progress or final payment; or accompanying the Shop Drawing or al; nor will any approval byENGINEER 3. the issuance of a certificate of Substantial [RACTOR from responsibility for Completion by ENGINEER or any payment related i the requirements of paragraph 6.17. D. thereto by OWNER; Procedures 1. CO. i required by I number of < submit as i approval. attention in corrections submittals. ;ACTOR shall make corrections INFER and shall return the required cted copies of Shop Drawings and red new Samples for review and NTRACTOR ; shall direct : specific iting to revisions other than the d for by ENGINEER on previous 4. use or occupancy of the Work or any part thereof by OWNER; 5. any acceptance by OWNER or any failure to do so; 6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER; 7. any inspection, test, or approval by others; or 00700 - Page 25 of 42 8. 6.20 A. To th Regulations, CO harmless OWNEI and the officers, c other consultants from and again (including but not architects, attorne arbitration or othe relating to the pej such claim, cost, l 1. is disease, or tangible p including tl 4=2. is 4 act or omiss any Suppli, indirectly ej the Work or liable, regal any neglige. upon such ii regardless o entity.. B. In any ENGINEER or an officers, directors,1 the survivor or per CONTRACTOR, individual or entity them to perform ar any of them may 1 under paragraph 6.: limitation on the ai or benefits payable Subcontractor, sup workers' compenai employee benefit ac C. The CONTRACTOR the liability of Er to the officers, d other consultants arising out of correction of defective Work by OWNER. fullest extent permitted by Laws and TRACTOR shall indemnify and hold ENGINEER, BNGINEER's Consultants, "ectors, partners, employees, agents, and. id subcontractors of each and any of them all claims, costs, losses, and damages mited to all fees and charges of engineers, , and other professionals and all court or Iispute resolution costs) arising out of or irmance of the Work, provided that any s, or damage: :tributable to bodily injury, sickness, each, or to injury to or destruction of perty (other than the Work itself), loss of use resulting therefrom; and iced in whole or in part by any negligent n of CONTRACTOR, any Subcontractor, or any individual or entity directly or Toyed by any of them to perform any of nyone for whose acts any of them may be ess of whether or not caused in part by e or omission of an individual or entity ereunder or whether liability is imposed -mnified party by Laws and Regulation he negligence of any such individual or ind all claims against OWNER or of their respective consultants, agents, Yners, or employees by any employee (or nal representative of such employee) of Subcontractor, any Supplier, or any irectly or indirectly employed by any of of the Work, or anyone for whose acts liable, the indemnification obligation A shall not be limited in any way by any punt or type of damages, compensation, y or for CONTRACTOR or any such .er, or other individual or entity under n acts, disability benefit acts, or other emnification obligations of paragraph 6.20.A shall not extend to ER and ENGINEER's Consultants or rs, partners, employees, agents, and ibcontractors of each and any of them 1, the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. ARTICLE 7 - OTHER WORK A OWNER may perform other work related to the Project at the Site by OWNER's employees, or let other direct contracts therefore, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to the CONTRACTOR prior to starting any such other work; and 2. if OWNER and CONTRACTOR as unable to agree on entitlement to or on the amount of extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work,, a Claim may be made therefor as provided in paragraph 10.05. B. CONTRACTOR shall afford each other contractor who is a parry to such a direct contract and each utility owner (and OWNER, if OWNER is performing the other work with OWNER's employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR'shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work CONTRACTOR shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. C. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any 00700 - Page 26 of 42 r., r. 53 ~1 j delays, defects, or iciencies in such other work that render it unavailable or suitable for the proper execution and results of CO OR's Work . CONTRACTOR's failure to so report will co tute an acceptance of such other work as fit and proper fo ` egration with CONTRACTOR's Work except for latent de f " and deficiencies in such other work 1 ARTICLE 8 - 8.01 'Commr. A. Excepituo otherwise provided in these General Conditions, O shall issue all communications to CONTRACTOR ENGINEER. 8.02 ,A. In case termination of the employment of ENGINEER, O shall appoint an engineer to whom CONTRACTOR in, I es no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.03 Furnish Data A OWNER hall promptly furnish the data required of OWNER under t Contract Documents. 'S RESPONS]BILTTIES to Contractor 'ENGINEER 8.04 Pay Promptl en Due 'A . OWNER all.make payments to CONTRACTOR promptly when th are due as provided in paragraphs .14.02.C and 14.07. 8.05 Lands and E ments, Reports and Tests j A ' OWNER easements' and pro-* reference points are Paragraph'.'4.02 refe i ties in respect of providing lands and ling engineering surveys to establish t forth in paragraphs 4.01 and 4.05. to OWNER's identifying and making available to CO and tests of subs urf OR copies of reports of explorations conditions and drawings of physical 1 conditions in or rel 'ng to existing surface or subsurface } structures at or Conti ous to the Site that have been utilized by ENGINEER in 'ng the Contract Documents. 8.06 Insurance A. OWNER' responsibilities, if any, in respect to purchasing and mai 'ring liability and property insurance are set forth in Artic 5. 8.07 Change A OWNER is obligated to execute Change Orders as indicated in paragraph 10.03. 8.08 Inspections, Tests, and Approvals A OWNER's responsibility in respect to certain inspections, tests,. and approvals is set forth in paragraph 13.03.8 8.09 Limitations on OWNERS Responsibilities A. The OWNER shall not supervise, direct, or have control or, authorityover, norbe responsible CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and quality or quantity of the CONTRACTOR to comply with Laws and Regulations applicable of confidence that the completed Work OWNER will not responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. OWNER's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in paragraph 4.06. 8.11 Evidence of Financial Arrangements A If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNERSs obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in 'the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER'S Representative A. ENGINEER will be OWNER' representative during the construction period - The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and will not be changed without written consent of OWNER and ENGINEER. 9.02 Visits to Site A ENGINEER will make visits to the Site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress 00700 - Page 27 of 42 that has been ma and the quality of the various aspects of 9.05 Authorized Variations in work CONTRACTOR' xecuted Work Based on information obtained during su visits and observations, ENGINEER, for A. ENGINEER may authorize minor variations in the the benefit of O will determine, in general, if the Work from the requirements of the Contract Documents Work is pr g in accordance with the Contract which do not involve an adjustment in the Contract Price or Documents. EN 5 MM will not be required to make the Contract Times and are compatible with the design F exhaustive or cant ous inspections on the Site to check the concept of the completed Project as a functioning whole as quality or quantity the Work ENGRMER's efforts will be ' indicated by the Contract Documents. These may be directed toward p ding for OWNER a greater degree of accomplished by a Field Order and will be binding on confidencethat th mpleted Work will conform generally to OWNER and also on CONTRACTOR, who shall perform the s. the Contract Doc ents. On the basis of such visits and Work involved promptly. If OWNER and CONTRACTOR ' V observations, EN will keep OWNER informed of the are unable to agree on entitlement to or on the amount or ' progress of the W and will endeavor to guard OWNER extent, if any, of any adjustment in the Contract Price or against defective rk Contract Times, or both, as a result of a Field Order, a Claim may be made therefor as provided in paragraph 10.05. B. ENG 's visits and observations area subject to all the limita ns on ENGINEER's authority and 9.06 Rejecting Defective Work responsibility set for h in paragraph 9. 10, and particularly, but without limitatio , during or as a result of ENGINEER's A. ENGINEER will have authority to disapprove or visits or cbservatio of CONTRACTOR's WorkENGINEER reject Work which ENGINEER believes to be defective, or will not, supervise, ect, control, or have authority over or be that ENGINEER believes will not produce a completed Project responsible. for ONTRACTOR's means, methods, that conforms to the Contract Documents or that will techniques, seque or procedures of construction, or the prejudice the integrity of the design concept of the completed p safety precautions d programs incidents thereto, or for any Project as a functioning whole as indicated by the Contract failure of CO A CTOR to comply with Laws and Documents. ENGINEER will also have authority to require Regulations applic le to the performance of the Work special inspection or testing of the Work as provided in paragraph 13.04, whether or not the Work is fabricated 9.03 Project Rep entative , installed, or completed K OWNE1 or ENGINEER may elect to provide a 9.07 Shop Drawings, Change Orders and Payments Resident Project R resentative (also referred to as On-site Observer) to assist providing more. continuous observation A. In~connection with ENGINEER's authority as to . of the. Work `The. nsibilities and authority.of such person Shop Drawings and Samples, see paragraph 6.17., will be as agreed between OWNER and ENGINEER, subject to limitati of paragraph 9.10. In no event, B. In connection with ENGINEER's authority as to however, shall the sident Project Representative have the Change Orders, see Articles 10, 11, and 12. authority to auth 9rize deviations from the Contract Documents. C. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. 9.04 Clarification Interpretations j 9.08 Determinations for Unit Price Work A. ENGINI will issue with reasonable promptness such written cl ` ications or interpretations of the A ENGINEER will determine the actual quantities requirements of the ntract Documents as ENGINEER may and classifications of Unit Price Work performed by determine neces , which shall be consistent with the intent CONTRACTOR. ENGINEER will review with of and reasonably' erable from the Contract Documents. CONTRACTOR the ENGINEER's preliminary Such written clarifi ions and interpretations will be binding determinations on such matters before rendering a written on OWNER and ONTRACTOR_ If OWNER and decision thereon (by recommendation of an Application for CONTRACTOR ar nable to agree on entitlement to or on ' Payment or otherwise). ENGINEER's written decision the amount or exten :any, of any adjustment in the Contract thereon will be final and binding (except as modified by Price or Contract Ti es, or both, that should be allowed as a ENGINEER to reflect changed factual conditions or more result of a written c nation or interpretation, a Claim may accurate data) upon OWNER and CONTRACTOR, subject to be made therefor as ovided in paragraph 10.05. the provisions of paragraph 10.05. 00700 - Page 28 of 42 9.09 Decisions io Acceptability of F) A. ENG12 requirements of t acceptability of tb other matters rel~ quantities and c interpretation of tl pertaining to the seeking changes ii be referred initiall with the provisioi formal decision. B.. When this paragraph 9. OWNER ~or CC connection with good faith in suc ENGINEER purs any such Claim, have been waiv payment as provi precedent to any, such rights or rei the Contract Doc of any such Clair ofContractDocuments and omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other individual or entity performing any, of the Work TR will be the initial interpreter of the Contract Documents and judge of the D. ENGINEER's review of the final Application for Vork.thereunder. Claims, disputes and Payment _ and accompanying documentation and all g to the acceptability of the Work, the maintenance and operating instructions, . schedules, >ifications of Unit Price Work, the guarantees, Bonds, -certificates . of inspection, tests and equirements of the Contract Documents - approvals, and other documentation required to be delivered :rformance of the Work, and Claims by paragraph 14.07.A will only be to determine generally that ie Contract Price or Contract Times will their content complies with the requirements of, and in the 3 ENGINEER in writing, in accordance case of certificates of inspections, tests, and approvals that the paragraph 10. 05, with .a request for a results certified indicate compliance with, the Contract Documents. ictioning as interpreter and judge under ENGINEER will not show partiality to 'ACTOR and will not be liable in interpretation or decision rendered in apacity. The rendering of a decision by it to this paragraph 9.09 with respect to pute, or other matter (except any which by the making or acceptance of final in paragraph 14.07) will be a condition rcise by OWNER or CONTRACTOR of lies as either may otherwise have under snts or by Laws or Regulations in respect ispute, or other matter. 9.10 Limitations on ENGINEER's Authority and .Responsibil es A.. -Neither E GINEER's authority or responsibility under this Article or under any other provision of the Contract Docume nor any decision made byENGINEER in good faith either t xercise or not exercise such authority or responsibility or th ndeitakiirg, exercise, or performance of any authority or nsibility by ENGINEER shall create, impose, or give ri o any duty in contract, tort, or otherwise owed by ENGINE[ to CONTRACTOR, any Subcontractor, any Supplier, any er individual or entity, or to any surety for or employee or ent of any of them B. ENGIN have authority ove means, methods, construction, or thi thereto, or for any : Laws and Regulati Work-, ENGIT CONTRACTOR's with the Contract I will not supervise, direct, control, or or be responsible for CONTRACTOR's hniques, sequences, or procedures of ety precautions and programs incident 'lure of CONTRACTOR to comply with s. applicable.to the performance of the will not-be, - tesponsible,- for lure to perform the Work in accordance uments. C. ENGINAR will not be responsible for the acts or E. The limitations upon authority and responsibility set forth in this paragraph 9.10 shall also apply to ENGINEEWs Consultants, Resident Project Representative, and assistants. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any -such document, CONTRACTOR shall promptly proceed, with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If OWNER and CONTRACTOR are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in paragraph 10.05. 10.02 Unauthorized Changes in the Work A. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in paragraph 3.04, except in the case of an emergency as provided in paragraph 6.16 or in the case of uncovering Work as provided in paragraph 13.04. B. 10.03 Execution of Change Orders 00700 Page 29 of 42 59 6~ . . A. y appropriate Written An 1. cl OWNER p because o paragraph defective M to by the lk 2. ch Times whic undisputed performed ,;Directive; a 3. c Times wh decision paragraph any such ( any such d the Contr, Regulatio. the progress A- 10.04 Notification A.' . If notice of the`Work orrth (including, but not Times) is required 1 to a surety, the CONTRACTOR's applicable Bond wi such change. 10.05 Claims and A. Notice:' each Claim, disput( claimant to ENGR promptly (but in no the event giving ris of the Claim, dispi. shall be delivered to Contract within 60 ENGINEER allows additional or more dispute, or other n Contract Price sha and CONTRACTOR shall execute Orders recommended byENGINEEP, (or ts) covering: ages in the Work which are: (i) ordered by suant to paragraph 10.01. A, (ii) required acceptance of defective Work under 3.08. A or OWNER's correction of rk under paragraph 13.09, or (iii) agreed s in the Contract Price or Contract agreed to by the parties, including any or amount of time for Work actually accordance with a Work Change ges in the Contract Price or Contract embody the substance of any written 3ered by ENGINEER pursuant to 05; provided that, in lieu of executing ige Order, an appeal may be taken from ion in accordancewith the provisions of Documents and applicable Laws and but during any such appeal, )R shall carry on the Work and adhere to ;hedule as provided in paragraph 6.18. Surety . any change affecting the general scope provisions of the Contract Documents imited to, Contract Price or Contract the provisions of any Bond to be given riving of any such notice will be sponsibility. The amount of each be adjusted to reflect the effect of any tten notice stating the general nature of other matter shall be delivered by the R and the other party to the Contract -nt later than 30 days) after the start of ereto. Notice of the amount or extent or other matter with supporting data ENGINEER and the other party to the vs after the start of such event (unless ditional time for claimant to submit urate data in support of such Claim, er). A Claim for an adjustment in )e prepared in accordance with the provisions of paragraph 12.01. B. A Claim for an adjustment in Contract Time shall -be prepared in accordance with the provisions of paragraph 12.02. B. Each Claim shall be accompanied by claimant's written statement that the adjustment Claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to ENGIlVEER and the claimant within 30 days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). B. ENGINEER's Decision: ENGINEER will render a formal decision in writing within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposingparty, if any. ENGINEER's written decision on such Claim, dispute, or other matter will be final and binding upon OWNER and CONTRACTOR unless: 1. an appeal fromENGINBER s decision is taken within the time limits and in accordance with the dispute resolution procedures set forth in Article 16; or 2. if no such dispute resolution procedures have been set forth in Article 16, a written notice of intention to appeal from ENGINBER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within 30 days after the date of such decision, and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction within 60 days after the date of such decision or within 60 days after Substantial Completion, whichever is later (unless otherwise agreed in writing by OWNER and CONTRACTOR), to exercise such rights or remedies as the appealing party may have with respect to such Claim, dispute, or other matter in accordance with applicable Laws and Regulations. C. If ENGINEER does not render a formal decision in writing within the time stated in paragraph 10.05.B, a decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. D. No Claim for an adjustment in Contract Price or Contract Times (or Milestones) will be valid if not submitted in accordance with this paragraph 10.05. ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNPT PRICB WORK 11.01 Cost of the Work A. Costs Included.- The term Cost of the Work means 00700 - Page 30 of 42 Js.~ .1,.. ,I `the` sum of. all c necessarily incurred and paid by acceptable. If any subcontract provides that the CONTRACTOR i he proper performance. of the Work Subcontractor is to be paid on the basis of Cost of the When the value of y Work covered by a Change Order or Work plus a fee, the Subcontractor's Cost of the Work when a Claim fo an adjustment in Contract Price is and fee shall be determined in the same manner as determined on the is of Cost of the Work, tie costs to be CONTRACTOR's Cost of the Work and fee as reimbursed to CON I CTOR will be only those additional provided in this paragraph 11.01. or incremental cos required because of the change in the Work or because of a event giving rise to the Claim. Except 4. Costs of special consultants (including but not as otherwise may agreed to in writing by OWNER, such limited to engineers, architects, testing laboratories, costs shall be in is no higher than those prevailing in surveyors, attorneys, and accountants) employed for the locality of the oject, shall include only the following services specifically related to the Work items, and shall n include any of the costs itemized in paragraph 11.01.B. 5. Supplemental costs including the following: 1. Pa 11 costs for employees in the direct a. The proportion of necessary employ of CTOR in the performance of the transportation, travel, and subsistence expenses of Work under chedules of job classifications agreed CONTRACTOR's employees incurred in discharge upon by and CONTRACTOR Such of duties connected with the Work employees hall include without limitation superinten ' s, foremen, and other personnel b. Cost, including transportation and employed time at the Site. Payroll costs for maintenance, of all materials, supplies, equipment, employees n employed full time on the Work shall be machinery, appliances, office, and temporary apportioned the basis of their time spent on the facilities at the Site, and hand tools not owned by Work Payr costs shall include, but not be limited to, the workers, which are consumed in the salaries and es plus the cost of fringe benefits, performance of the Work, and cost, less market which shall include social security contributions, value, of such items used but not consumed which unemploymet : , excise, and payroll taxes, workers' remain the property of CONTRACTOR ..1 compensatio health and retirement benefits, bonuses, sick leave, ion and holiday pay applicable thereto. c. . Rentals of all constriction equipment and The expe of performing Work outside of regular machinery, and the parts thereof whether rented working ho , on Saturday, Sunday, or legal holidays, from CONTRACTOR or others in accordance with shall be iricl led in the above to the extent authorized rental agreements approved by OWNER with the by OWNER ` advice of ENGINEER, and the costs of 1 transportation, loading, unloading, assembly, J 2. Cxkct of all materials and equipment furnished dismantling, and removal thereof. All such costs and into ed in the Work, including costs of shall be in accordance with the terms of said rental transportati and storage thereof, and Suppliers' field agreements. The rental of any such equipment, services rem red in connection therewith All cash machinery, or parts shall cease when the use discounts accrue to CONTRACTOR unless thereof is no longer necessary for the Work 1 OWNER J its funds with CONTRACTOR with ( which to payments, in which case the cash e d Sales, consumer, use, and other similar f discounts ccrue to OWNER. All trade discounts, taxes related to the Work., and for which rebates and -,funds and returns from sale of surplus CONTRACTOR is liable, imposed by Laws and materials an, I equipment shall accrue to OWNER, and Regulations. 1 } to CO OR shall make provisions so that they may be ob ed e. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor, 3. Pa ents made by CONTRACTOR to or anyone directly or indirectly employed by any of Subcontract for Work performed by Subcontractors. them or for whose acts any of them may be liable, If required OWNER; CONTRACTOR shall obtain and royalty payments and fees for permits and competitive ids from subcontractors acceptable to licenses. OWNER CONTRACTOR and shall deliver such bids to OMN ER, who will then determine, with the £ Losses and damages (and related advice of GNEER, which bids, if any, will be expenses) caused by damage to the Work., not 00700 -'Page 31 of 42 71 59 i al ac su ca 0 an of :faciliti h. distan, Site, e: con-ne( i. Claim, l ::and inst the Wor Claim j. basis of Bonds a by the maintain B. Costs.E not include any of 1. partnerships managers, en; auditors, acc agents, expe personnel em the Site or in office for gene specifically in classifications specifically cc )ensated by insurance or otherwise, fined by CONTRACTOR in connection the performance of the Work (except s and damages within the deductible rots of property insurance established in dance with paragraph 5.06.13), provided losses and damages have resulted from s other than the negligence of TRACTOR, any Subcontractor, or fie directly or indirectly employed by any m or for whose acts any of them may be . Such losses shall include settlements with the written consent and approval of ER No such losses, damages, and ses shall be included in the Cost of the for the purpose of determining ':RACTOR's fee. ie cost of utilities, fuel, and sanitary the Site. !nor expenses such as telegrams, long ephone calls, telephone service at the sage, and similar petty cash items in with the Work then the Cost of the Work is used to the value of a Change Order or of a cost of premiums for additional Bonds ace required because of the changes in r caused by the event giving rise to the 'hen all the Work is performed on the st-plus, the costs of premiums for all insurance CONTRACTOR is required )ntract, Documents to purchase and The term Cost of the Work shall inA items: costs and other compensation of s officers, executives, principals (of d sole proprietorships), general ers, architects, estimators, attorneys, tants, purchasing and contracting •s, timekeepers, clerks, and other 'ed by CONTRACTOR, whether at VTRACTOR's principal or branch administration of the work and not ed in the agreed upon schedule of job ,rred to in paragraph 11.O1.A 1 or A by paragraph 11.01. A. 4, all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the Site. 3. Any part of CONTRACTOR.!'s capital expenses, including interest -on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. 4. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and any included in paragraphs I L O LA and I L O1.B. C. CONTRACTOR's Fee: When all the Work is performed on the basis of cost-plus, CONTRACTOR'S fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, CONTRACTOR's fee shall be determined as set forth in paragraph 12.01. C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to paragraphs 11.01. A and 11.01. B, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to ENGINEER an itemized cost breakdown together with supporting data. 11.02 Cash Allowances A. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause -.the Work so covered to be performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. CONTRACTOR's costs for unloading and 00700 - Page 32 of 42 ;,7 s 9 59 „ handling overhead, for the a Contract demand f of the for B.', Prior to 1 Order will be issue reflect actual amour Work covered by alk correspondingly adjr 11.03 Unit Price Wi A Where th part of the Work i CDntract;Price will' Work an amount eq separately :identifie estimated quantity of The estimated quani guaranteed and are Bids and deterr Determinations of tl Unit Price Work per by ENGINEER subj B. Each ur amount considered] CONTRACTOR's . .,,identified item. l C. OWNEF } for an adjustment i paragraph 10.05 if. 1. the performed b; significantly indicated in 2. the respect any 3. if ] VVl\LL~Cllil Price as a resi or' OWNER decreasein C agree as to decrease. n the Site, labor, installation costs, rofit, and other expenses contemplated owances have been included in the rice and not in the allowances, and no additional payment on account of any oing will be valid payment, an appropriate Change as. recommended by ENGINEER to K due CONTRACTOR on account of ces, and the Contract Price shall be ed Contract Documents provide that all or to be Unit Price Work, initially the deemed to include for all Unit Price d to the sum of the unit price for each item. of Unit Price Work times the ach item as indicated in the Agreement. .es of items of Unit Price Work are not dely for the purpose of comparison of ning an initial Contract Price. actual quantities and classifications of rmed by CONTRACTOR will be made t to the provisions of paragraph 9.08. price will be deemed to include an DONIRACTOR to be adequate to cover ;rhead and profit for each separately r CONTRACTOR may make a Claim he Contract Price in accordance with ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT MIES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum. 12.02 Change of Contract Times A The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by the party making the claim to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. B. Any adjustment of the Contract Times (or entity of any item of Unit Price Work Milestones) covered by a Change Order or of any Claim for an ONTRACTOR differs materially and adjustment in the Contract Times (or Milestones) will be in the estimated quantity of such item determined in accordance with the provisions of this Article Agreement; and 12. no corresponding adjustment with item of Work; and ONTRACTOR believes that is entitled to an increase in Contract of having incurred additional expense Neves that OWNER: is .entitled.,to a :ract:Price. and the parties are unable to amount of any such increase or 12.03 Delays Beyond CONTRACTOR's Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph 12.02.A Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, 00700 - Page 33 of 42 69 t= ; ~0 abnormal weather nditions, or acts of God to CONTRACTOR All defective Work may be rejected, corrected, or accepted as provided in this- Article 13. 12.04 Delays With CONTRACTOR's Control 13.02 Access to Work A. The Co ract Times (or Milestones) will not be extended due to del ' within the control of CONTRACTOR A. OWNER, ENGINEER, ENGII~ s Consultants R: Delays < attributab to and within the control of a , other representatives and personnel of OWNER, independent . Subcontractor or S plier shall be deemed to be delays within testing laboratories, and governmental agencies with the control of CO CTOR jurisdictional interests will have access to the Site and the ' Work at reasonable times for their observation, inspecting,. 12.05 Delays Be nd OWNER's and CONTRACTOR's and testing CONTRACTOR shall provide them proper and Control safe conditions for such access and advise them of . CONTRACTOR's Site safetyprocedures and ro ram th .ti A. Where NTRACTOR is prevented from p g s so at they may comply therewith as applicable completing any of the Work within the Contract Times . (or Milestones) du( to delay beyond the control of both 13.03 Tests and Inspections OWNER and CON I CTOR, an extension of the Contract Times (or h ileston ) in an amount equal to the time lost due A. CONTRACTOR shall give ENGINEER timely . to such delay shall CONTRACTOR's sole and exclusive notice of readiness of the Work for all required inspections, remedy for such de X, y. tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 12.06 Delay Dam B. OWNER shall employ and pay for the services of A. In no ev it shall OWNER orENGINEIIZbe liable an independent testing laboratory to perform all inspections, to CONTRALTO any Subcontractor, any Supplier, or any tests, or approvals required by the ContractDocuments except: other person or or zation, or to any surety for or employee or agent of any them, for damages arising out of or 1. for inspections, tests, or approvals covered by resulting from: paragraphs 13.03.C and 13.03.D below, d: 1. del ' caused by or within the control of 2. that costs incurred in connection with tests or CONTRA R; or inspections conducted pursuant to paragraph 13.04.B shall be paid as provided in said paragraph .13.04.B; . , 2. del beyond the control ` of both OWNER and - and CO OR including but not limited to fires, floods, epide 'cs, abnormal weather conditions, acts of 3. as otherwise specifically provided in the God, or act or neglect by utility owners or other Contract Documents. contractors, orming other work as contemplated by Article 7. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to B. Nothing X this paragraph 12.06 bars a change in be inspected, tested,. or approved by an employee or other Contract Price pur t to this Article 12 to compensate representative of such public body, CONTRACTOR shall CONTRACTOR d to delay, interference, or disruption assume full responsibility for arranging and obtaining such directly attributabl o actions or inactions of OWNER or inspections, tests, or approvals, pay all costs in connection anyone for whom is responsible. therewith, and furnish ENGINEER the required certificates of inspection or approval. ARTICLE 13 TESTS AND INSPECTIONS; D. CONTRACTOR shall be responsiblefor arranging CORRECTION, OVAL OR ACCEPTANCE OF and obtaining and shall pay ali costs in connection with any DEFECTTVE WO inspections, tests, or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be 13.01 Notice of De is incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to A Prompt tice of all defective Work of which CONTRACTOR's purchase thereof for incorporation in the OWNER or ENG has actual knowledge will be given Work Such inspections, tests, or approvals shall be 00700 - Page 34 of 42 5~ lob performed by ENGINEER E. If any V inspected; tested, of without written c4 requested by ENGT -.F. Uncover E shall be at CONTRACTOR h CONTRACTOR's ENGINEER has n response to such nc 13.04 Uncovering AIf any request of ENG1N] be- uncovered for I CONTRACTOR's B. If ENGI that covered Workl tested by others, O shall uncover, exI observation, inspe require, that portic necessary labor, M such Work is defect costs, losses; and ( fees and charges of professionals and resolution costs) ari exposure, observa satisfactory replace limited to all costs c and OWNER shall the Contract Price. amount thereof, C provided in paragr found to be defecti increase in the Con Times (or N ilestor uncovering, expo replacement, and r agree as to the amoi make a Claim then 1105 OWNERMc acceptable to OWNER and (or the work of others) that is to be roved is covered by CONTRACTOR rence of ENGINEER, it must, if C be uncovered for observation g Work as provided in paragraph 13.03. CONTRACTOR's expense unless given ENGINEER timely notice of itention to cover . the same and acted with reasonable promptness in is covered contrary to the written it must, if requested by ENGINEER., NEER's observation and replaced at EER considers it necessary or advisable observed by ENGINEER or inspected or gTRACTOR, at ENGINEER's request, se, or otherwise make available for ion, or testing as ENGINEER may of the Work in question, furnishing all trial, and equipment. If it is found that e, CONTRACTOR shall pay all Claims, mages (including but not limited to all igineers, architects, attorneys, and other l court or arbitration or other dispute ng out of or relating to such uncovering, )n, inspection, and testing, and of ent or reconstruction (including but not repair or replacement of work of others); e entitled to an appropriate decrease in r the parties are unable to agree as to the WER may make a Claim therefor as )h 10.05. If, however, such Work is not CONTRACTOR shall be allowed an act Price or an extension of the Contract s), or both, directly attributable to such re, observation, inspection, testing, onstruction. If the parties are unable to t or extent thereof, CONTRACTOR may :)r as provided in paragraph 10.05. Stop the Work A If the k is defective, or CONTRACTOR fails to supply sufficient killed workers or suitable materials or equipment, or fails perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A CONTRACTOR shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by ENGINEER, remove it from the Project and replace it with Work that is not defective. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.07 Correction Period A If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of. the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for CONTRACTOR's use by OWNER or permitted by Laws and Regulations as contemplated in paragraph 6.1 LA is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) repair such defective land or areas, or (ii) correct such defective Work or, if the defective Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective, and (iii) satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or repaired or may have the rejected Work removed and replaced, and all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR 00700 - Page 35 of 42 R In spec: 0 circumstances where a particular item of equipment is pl in continuous service before Substantial Completion of all t Work, the correction period for that item may start to run f m an earlier date if so provided in the Specifications orb Written Amendment. C. Where resulting therefro, replaced under thi hereunder with res additional period d and replacement h., ective Work (and damage to other Work has been corrected or removed and c paragraph 13.07, the correction period to such Work will be extended for an ne year after such correction or removal been satisfactorily completed D. CO ' CTOR's obligations under this paragraph 13.07 are in additio j to any other obligation or warranty. The provisions of this p; a graph 13.07 shall not be construed as a substitute for or a N r , iver of the provisions of any applicable statute of limitatio r repose. 13.08 Acceptance Defective Work A. If, inst of requiring correction or removal and r replacement of de. ive Work, OWNER (and, prior to ENGINEER's re mmendation of final payment, ENGINEER) prefcr ; to accept it, OWNER may do so. CONTRACTOR s 1 pay all Claims, costs, losses, and damages (including t not limited to all fees and charges of ' engineers, architect attorneys, and other professionals and all court or arbit on or other dispute resolution costs) attributable to O 's evaluation of and determination to accept such defecti Work (such costs to be approved by ENGINEER,as, to r onableness) and the diminished value of. the" Work to . he extent 'not ' otherwise ' paid by CONTRACTOR p uant to this sentence. If any such acceptance occurs p ' r to ENGINEER's recommendation of final payment, a C e Order will be issued incorporating the necessary revis ( ns in the Contract Documents with respect to the Wort, and OWNER shall be entitled to an appropriate deer in the Contract Price, reflecting the diminished value Work so accepted If the parties are unable to agree as tot a amount thereof, OWNER may make a Claim therefor provided in paragraph 10.05. If the acceptance occurs such recommendation, an appropriate amount will be paid CONTRACTOR to OWNER 13.09 OWNER May 14orrect Defective Work A. If CONTI. CTOR fails within a reasonable time after written notice. om ENGINEER to correct defective Work or to remove replace rejected Work as required by ENGINEER in acc ce with paragraph 13.06.A, or if CONTRACTOR fail perform the Work in accordance with the Contract Docume , or if CONTRACTORfails to comply with any otherprovisi of the Contract Documents, OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. B. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the Work and suspend CONTRACI'OR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors, and ENGINEER and ENGINEER's Consultants access to the Site to enable OWNER to exercise the rights and remedies under this paragraph C. All Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by OWNER in exercising the rights and remedies under this paragraph 13.09 will be charged against CONTRACTOR, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, OWNER may make a Claim therefor as provided in paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of CONTRACTOR's defective Work D. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies. under this paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The schedule of values established as provided in paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed 00700 - Page 36 of 42 S43 . 6 5 14.02 Progress P tents and schedules, that to the best of ENGINEER's knowledge, information and belief: A. Applicatri nsforPayments a. the Work has progressed to the point 1. At 14, t 20 days before the date established for indicated; each progres ent (but not more ofterr than once a month), CO CTOR shall submit to ENGINEER b. the quality of the Work is generally in for": review pplication for Payment filled out and accordance with the Contract Documents (subject signed by NTRACTOR covering the Work to an evaluation of the Work as a functioning completed of the date of the Application and whole prior to or upon Substantial Completion, to ac6ompanik )y such supporting documentation as is the results of any subsequent tests called for in the required by a Contract Documents. If payment is Contract Documents, to a final determination of requested on a basis of materials and equipment not quantities and classifications for Unit Price Work incorporated the Work but delivered and suitably under paragraph 9.08, and to any other stored at the ite or at another location agreed to in qualifications stated in the recommendation); and writing, the pplication for Payment shall also be accompaniec by a bill of sale, invoice, or other c. the conditions precedent to documentati warranting that OWNER has received CONTRACTOR's being entitled to such payment the materials d equipment free and clear of all Liens appear to have been fulfilled in so far as it is and eviden i that the materials and equipment are ENGINEER's responsibility to observe the Work covered by ropriate property insurance or other arrangement o protect OWNER's interest therein, all 3. By recommending any such payment of which mu be satisfactory to OWNER. ENGINEER will not thereby be deemed to have represented that: (i) inspections made to check the 2. Be ng with the second Application for quality or the quantity of the Work as it has been Payment, ea Application shall include an affidavit of performed have been exhaustive, extended to every CONTRA R stating that all previous progress aspect of the Work in progress, or involved detailed payments r 'ved on account of the Work have been inspections of the Work `beyond the responsibilities applied on count to discharge CONTRACTOR's specifically assigned to ENGINEER in the Contract legitimate ligations associated with prior.. Documents; or (ii) that there may not be other matters Applications r Payment. or issues between the parties that ;might entitle CONTRACTOR to be paid additionally by OWNER or 3. The . amount of retainage with respect to entitle OWNER to withhold payment to progress pa ents will be as stipulated in the CONTRACTOR Agreement. 4. Neither ENGINEER's review of B. Review Applications CONTRACTOR's Work "for the purposes of recommending payments nor ENGINEER's 1. EN will, within 10 days after receipt recommendation of any -payment, including final of each A cation for Payment, either indicate in payment, will impose responsibility on ENGINEER to writing a reo) endation of payment and present the supervise, direct, or control the Work or for the means, Application OWNER or return the Application to methods, techniques, sequences, or procedures of CONTRA R indicating in writing ENGINEER's construction, or the safety precautions and programs reasons for ing to recommend payment. In the incident thereto, or for CONTRACTOR's failure to latter case, NTRACTOR may make the necessary comply with Laws and Regulations applicable to corrections resubmit the Application. CONTRACTOR's performance of the Work Additionally, said review or recommendation will not 2. EN 's recommendation of any impose responsibility on ENGINEER to make any payment req sted in an Application for Payment will examination to ascertain how or for what purposes constitute a ' resentationbyENGINffit to OWNER, CONTRACTOR has used the moneys paid on account based on EN INEEWs observations on the Site of the of the Contract Price, or to determine that title to any executed W as an experienced and qualified design of the Work, materials, or equipment has passed to professional d on ENGINEER's review of the OWNER free and clear of any Liens. Application r Payment and the accompanying data 00700 - Page 37 of 42 5. F-NE WEER may refuse to recommend the whole or any vat of any payment if, in ENGINELR's opinion, it would be incorrect to make the representati to OWNER referred to in paragraph 14.02.B.2. GINEER may also refuse to recommend any such yment or, because of subsequently discovered 'dence or the results of subsequent inspections tests, revise or revoke any such payment recommen on previously made, to such extent as maybe nec in ENGINEER's opinion to protect OWNER fro loss because: a. a Work is defective, or completed Work has be4 damaged, requiring correction or replace nt; b. Written c. . defective with par ie Contract Price has been reduced by :nendment or Change Orders; WNBR has been required to correct Work or complete Work in accordance raph 13.09; or d GINEER has actual knowledge of the occurre of any of the events enumerated in paragrall [ 15.02.A C. Paymen ecomes Due A 1. Ten ys after presentation of the Application for Payme to OWNER with ENGINEER!s recommenda n, the amount recommended will .(subject to a provisions of. paragraph 14.02:1)) become due, d when due will be paid by OWNER to CONTRA R I D. Reducti in Payment 1. OW ~ ER may refuse to make payment of the full amount ommended by ENGINEER because: a. aims have been made against OWNER on acco t of CONTRACTOR's performance or furnishi of the Work; b. 'ens have been filed in connection with the Wo 1 except where CONTRACTOR has deliver specific Bond satisfactory to OWNER to secur k he satisfaction and discharge of such Liens; c. ere are other items entitling OWNER to a set-off nst the amount recommended; or d OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.02.B.5.a through 14.02.B.5.c or paragraph 15.02.A 2. ff OWNER refuses to make payment of the full amount recommended by ENGINEER, OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR any amount remaining after deduction of the amount so withheld. OWNER shall promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNE,R's satisfaction the reasons for such action. . 3. If it is subsequently determined that OWNER's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by paragraph 14.02.C.1. 14.03 CONTRACTOR RIs Warranty of Title A CONTRACTOR warrants andguarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR, shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after 00700 -Page 38 of 42 submission of the ntative certificate to OWNER notify CONTRACTOR i sting, stating the reasons therefor. If, . . after consideratior of OWNER's objections, ENGINEER considers the Wort ubstantially complete, ENGINEER will within said 14 da execute and deliver to OWNER and CONTRACTOR definitive certificate of Substantial Completion (with revised tentative list of items to be completed or corn ed) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of an jections from OWNER At the time of delivery of the ten ve certificate of Substantial Completion ENGINEER will ver to OWNER and CONTRACTOR a J written recommen tion as to division of responsibilities pending final ,ayment between OWNER and CONTRACTOR w: h respect to security, operation, safety, and protection of a Work, maintenance, heat, utilities, insurance, and war ties and guarantees. Unless OWNER and CONTRAC170 1 agree otherwise in writing and so inform ENGINEER in ng prior to ENGINEER's issuing the definitivecertifrcat Substantial Completion,ENGINEER's aforesaid recomme tion will be binding on OWNER and CONTRACTOR u 1 final payment. B. OWNER shall have the right to exclude CONTRACTOR f the Site after the date of Substantial Completion, but shall allow CONTRACTOR reasonable access t complete or correct items on the tentative list. 14.05 Partial A. Use by substantially coral specifically been i< which OWNER, I constitutes a separ Work that can be t without ,significan performance of t: accomplished prior subject to the folio` WNER :at, OWNER's, option of any ted part of the Work which has tified in the Contract Documents, or GINEER, and CONTRACTOR agree 1 ly functioning and usable part of the by OWNER for its intended purpose t interference with CONTRACTOR's i remainder of the Work, may be t Substantial Completion of all the Work g conditions. 1. O at any time may request CONTRA R in writing to permit OWNER to use any such par ~ )f the Work which OWNER believes to be ready f its intended use and substantially complete. CONTRACTOR agrees that such part of the Work is bstantially complete, CONTRACTOR will certify to 1 WNER and ENGINEER that such part of the Wor t is substantially complete and .request ENGINEER o issue a certificate of Substantial Completion f o.- ' that part of the Work CONTRACTOR at any time y notify OWNER and ENGINEER in writing that NTRACTOR considers any such part 1. After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance certificates of inspection, marked-up record documents (as provided-in paragraph 6.12), and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by. (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.04.B.7; (ii) consent of the 00700 - Page 39 of 42 CJC1 ~D~ of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work Within a reasonable time after either such request, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of that. part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 2. No occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of paragraph 5.10 regarding property insurance. 14.06 Final Inspection A Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will promptly make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment t~ surety, any, to final payment; and (iii) complete A. ' X through no fault of CONTRACTOR final and 1 ly effective releases or waivers , completion of the Work is significantly delayed and if (satisfa( t ry to OWNER) of all Lien rights arising , ENGINEER so confirms, OWNER shall, upon receipt of ,1T1`- out of o iens filed in connection with the Work CONTRACTOR's final Application for Payment and 3. In of the releases or waivers of Liens recommendation of ENGINEER, and without terminating the " Agreement, make payment of the balance due for th t specified in a;aph 14.07.A.2 and as approved by f a portion of the Work fully completed and accepted If the remaining OWNER, CTOR may furnish receipts or l, balance to be held by OWNER for Work not fully completed releases in and an affidavit of CONTRACTOR or corrected is less than the retainage stipulated in the that: (i) the eleases and receipts include all labor, Agreement, and if Bonds have been furnished as required in services, ma A rial, and equipment for which a Lien paragraph 5.01, the written consent of the surety to the could be f and (ii) all payrolls, material and payment of the balance due for that portion of the Work fully equipmentb s, and other indebtedness connected with completed and accepted shall be submitted by the Work for which OWNER or OWNER's property CONTRACTOR to ENGINEER with the Application for such might in a way be responsible have been paid or payment. Such payment shall be made under the terms and otherwise led If any Subcontractor or Supplier ' conditions governing final payment, except that it shall not fails to fu h such a release or receipt in full, constitute a waiver of Claims. CONTRA R mayfurnish a Bond orother collateral satisfactory t OWNER to indemnify OWNER against 14.09 Waiver of Claims any Lien A. The making and acceptance of final payment will B. Review pplication and Acceptance constitute: 1. If, o he basis of ENGINEERR's observation of 1. a waiver of all Claims by OWNER against the Work du g construction and final inspection, and CONTRACTOR, except Claims arising from unsettled ENGINEER' review of the final Application for - Liens, from defective Work appearing after final Payment and mpanying documentation as required inspection pursuant to paragraph 14.06 from failure to by the Contr rt Documents, ENGINEER is satisfied , comply with the Contract Documents or the terms of that the ork has been completed and any special guarantees specified therein or from CONTRACT R's other obligations under the Contract , CONTRACTOR's continuing obli ations und th Documents a been fulfilled, ENGINEER will, g er e Contract Documents; and ;within ten da after receipt of the final Application for Payment, i " icate in writing ENGRMEWs 2. a waiver of all Claims by :CONTRACTOR recommends n of payment and present the , against OWNER other than those previously made in Application f Payment to OWNER for payment. At writing which are still unsettled l the same tim G]NEER will also give written notice to OWNER d CONTRACTOR that the Work is acceptable su to the provisions of paragraph 14.09. ARTICLE 15 - SUSPENSION OF WORK AND Otherwise, VEER will return the Application for TERM19ATION Payment to CTOR, indicating in writing the reasons for r ing to recommend final payment, in 15.01 OWNER Mav Suspend Work l which case CTOR shall make the necessary J corrections resubmit the Application for Payment. A. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not C. Payment comes Due more than 90 consecutive -days by notice in , writing to CONTRACTOR and ENGINEER which will fix the date on L Thi days after the presentation to OWNER which Work will be resumed CONTRACTOR shall resume of the Appli ion for Payment and accompanying the Work on the date so fixed CONTRACTOR shall be documentatio . the amount recommended by allowed an adjustment in the Contract Price or an extension ENGINEER 1 become due and, when due, will be of the Contract Times, or both, directly attributable to any paid by OWN] 7, to CONTRACTOR such suspension if CONTRACTOR makes a Claim therefor as provided in paragraph 10.05. 14.08 Final Comple n Delayed 15.02 OWNER May Terminate for Cause - 00700 - Page 40 of 42 A. The occ events will justify t I. CO the Work in (including, sufficient sl equipment o established i to time purs 2. CC Regulations 3. COT ENGINEER; 4. CO] 11 1 way of any p B. If one or 15.02.A occur, OVA (and the surety, if the services of CC from the Site, and CONTRACTOWst and machinery at tl they could be used CONTRACTOR R the Work all materi which OWNER h; stored elsewhere, ar expedient. In such c to receive any furth the unpaid balance costs, losses, and d fees and,charges of professionals and resolution costs) s relating to complet' CONTRACTOR l exceed such unpack difference to OW] damages incurred ENGINEER as to d by ENGINEER, it exercising any rig OWNER shall not the Work performe of anyone or more of the following payment of moneys due CONTRACTOR by OWNER will not ion for cause: . release CONTRACTOR from liability. :ACTOW s persistent failure to perform ►rdance with the Contract Documents not limited to, failure to supply i workers or suitable -materials or ure to adhere to the progress schedule rparagraph 2.07 as adjusted from time. to paragraph 6.04); CTOR's disregard of Laws or public body having jurisdiction; disregard of the authority of OR's violation in any substantial of the Contract Documents. ore of the events identified in paragraph ER may, after giving CONTRACTOR r) seven days written notice, terminate TRACTOR, exclude CONTRACTOR ke possession of the Work and of all Is, appliances, construction equipment, Site, and use the same to the full extent r CONTRACTOR (without liability to trespass or conversion), incorporate in and equipment stored at the Site or for paid CONTRACTOR but which are furnish the Work as OWNER may deem e, CONTRACTOR shall not be entitled payment until the Work is finished If the Contract Price exceeds all claims, cages (including but not limited to all gineers, architects, attorneys, and other court or arbitration or other dispute wined by OWNER arising out of or the Work, such excess will be paid to uch claims, costs, losses, and damages alance, CONTRACTOR shall pay the R. Such claims, costs, losses, and )y OWNER will be reviewed by reasonableness and, when so approved rporated in a Change Order. When s or remedies under this paragraph required to obtain the lowest price for C. Where NTRACTOWs services have been so terminated by OWIER, the termination will not affect any rights or remedies OWNER against CONTRACTOR then existing or which thereafter accrue. Any retention or 15.03 OWNER May Terminate For Convenience A. Upon seven days written notice to CONTRACTOR and LNGINEER, OWNM 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 (including but not limited to all fees and charges of engineers, architects, attorneys, and otherprofessionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. for reasonable expenses directly attributable to termination B. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 CON77ZACTOR May Stop Work or Terminate A. If, through no act or fault of CONTRACTOR, the Work is suspended for more than 90 consecutive days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within 30 days after it is submitted, or OWNER fails for 30 days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Contract and recover from OWNER payment on.the same terms as provided in paragraph 15.03. In lieu of terminating the Contract and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within 30 days. after it is submitted, or OWNER has failed for 30 days to pay 00700 - Page 41 of 42 CONTRACTOR CONTRACTOR OWNER and EN made of all such interest thereon. 7 not intended to p Claim under pamq Price or Contract I directly attributabl as permitted by thi finally determined to be due, Y' en days after written notice to stop the Work until payment is due CONTRACTOR, including ri ions of this paragraph 15.04 are ONTRACTOR from making a 05 for an adjustment in Contract therwise for expenses or damage TRACTOR's stopping the Work ph. ARTICLE 16. DRESOLUTION 16.01 Methods A. Dispute solution methods and procedures, if any, shall beas set fortn the Supplementary Conditions. If no method and pr re has been set forth, and subject to the provisions of pa phs 9.09 and 10.05, OWNER and CONTRACTOR y exercise such rights or remedies as either may otherwi have under the Contract Documents or by Laws or Regulat ns in respect of any dispute. ARTICLE 17 - MI (InLANBOUS 17.01 Giving Notic A. When( Documents requii deemed to have be individual or to a corporation for wl by registered or c business address k 17.02 Computation A. When at Contract Documentt, the first and include of any such period f made a legal holiday such day will be omi any provision of the . Contract he giving of written notice, it will be tlidly given if delivered in person to the nber of the firm or to an officer of the it is intended, or if delivered at or sent ied mail, postage prepaid, to the last n to the giver of the notice. period of time is referred to in the )y days, it will be computed to exclude e last day of such period If the last day s on a Saturday or Sunday or on a day y the law of the applicable jurisdiction, !l from the computation. Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Agreement 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located 17.03 Cumulative R edies A The duti and obligations imposed by these General Conditions d the rights and remedies available hereunder to the part hereto are in addition to, and are not to be construed in at V way as a limitation of, any rights and remedies available t y or all of them which are otherwise imposed or availabl by Laws or Regulations, by special warranty or guarante 1 , or by other provisions of the Contract 00700 - Page 42 of 42 SPECIAL PROVISIONS In u of 130.5 Measurement, payment for trenching and backfilling shall coincide with Se ion 00300 - Bid Form. Page 3 of 4 =W 1 ~ This page intentionally left blank. Page 4 of 4 2. Concrete placement will not be permitted when impending weather conditions would impair the quality of the finished work. If conditions of wind, humidity, and temperature are such that concrete cannot be placed without cracking, concrete placement shall be done in the early morning or at night. When concrete mixing, placing and finishing is done in other than daylight hours, provisions shall be made to adequately light the entire placement site. The Engineer will approve the adequacy of such lighting before the operations are begun. 3. Transporting Time: The maximum time interval between the. addition of cement to the batch and the placing of concrete in the forms shall conform to the requirements below: Concrete Temp (at point of placement) Max Time (No Retaarding Agent Minutes) Max Time (1) (with Retarding Agent) Minutes Non-Agitated Concrete Above 80 F 15 30 80 F and Below 30 45 Agitated Concrete Above 90 F 45 75 Above 75 F thru 90 F 60 90 75 F and Below 90 1-2-0- Spec 150 Revised 4. Cold Weather Precautions Concrete shall not be placed when the ambient temperature is below 40 F and falling. Concrete may be placed when the ambient temperature is above 35 F and rising, the ambient temperature being taken in the shade and away from artificial heat. The Contractor shall have available a sufficient supply of approved cotton mats, polyethylene sheeting or other approved covering materials to immediately protect concrete if the air temperature falls to 32 F, or below, before concrete has been in place for less than four (4) hours. Such protection shall remain in place during the period the temperature continues below 32 F, or for a period of not more than five (5) days. Neither salt nor other chemical admixtures shall be added to the concrete to prevent freezing. The Contractor shall be responsible for the quality and strength of concrete under cold weather conditions and any concrete damaged by freezing shall be removed and replaced at the Contractor's expense. The surface of all concrete in bents, piers, culvert walls, retaining walls, bottom of slabs, and similar formed concrete shall be maintained at 40 F or above for a period of 72 hours from the time of placements. The temperature of all concrete, including the bottom slabs (footings) of culverts placed on or in the ground, shall be maintained above 32 F for a period of 72 hours from time of placement. Protection shall consist of providing additional covering, insulated forms or other means, and if necessary, supplementing such coverings with artificial heating. 150-3 4. Concrete shall be deposited as nearly as practicable in its final position to avoid segregation due to rehandling or flowing. The deposition shall be at a rate that allows the concrete to be plastic at all times and permits flow readily into the space between the rebar. Retempered concrete shall not be used and concrete shall not have a free fall of more than five (5) feet, except in the case of thin walls such as in culverts or as specified in other items. Any hardened concrete spatter ahead of the plastic concrete shall be removed 5. Concrete deposition shall be a continuous operation until completed at the panel or section. Cold joints in a monolithic placement shall be avoided. The sequence of successive. layers or adjacent portions of concrete shall be such that they can be vibrated into a homogeneous mass with the previously placed concrete. Not more than one (1) hour shall elapse between adjacent or successive placements of concrete. 6. Concrete shall be thorn consolidated and vibrated in the forms with approved mechanical vibrators of a type considered in the design of forms. The concrete shall be kept wet by spraying with water after attaining its final set and before removing the forms. Bottom forms supporting floor or roof slabs shall remain in place for not less than seven (7) days. The concrete shall have attained a compressive strength of not less than 2,000 psi prior to removal of bottom forms. All other forms may be removed twenty- four hours after completion of concrete placement, providing the weather has allowed the concrete to attain its final set in less than five (5) hours. The forms shall be left on for forty- eight (48) hours whenever the temperature of the air in the shade during pouring is 90 degrees F or over, Curing shall be continued for five days after placement of concrete. This may be done with wet mats, with two applications of Type I (White in color) Liquid-Membrane- Forming Compound meeting requirements of ASTM C309, or with waterproof curing paper meeting the requirements of ASTM C 171. Construction joints shall be prepared for receiving the next pour by sweeping the surface of the joint clean with a stiffbroom or wire brush to remove all laitance. All loose particles and debris shall be removed The surface is to be dampened just prior to casting of concrete against the joint. Construction joints will be made only at locations shown on the Plans unless written permission is granted by the Engineer to make additional joints. Expansion joints shall be of the type and size shown on the Plans. The expansion joint materials shall be a bituminous fiber product or redwood WR Meadows, Seal tight or approved equal. The joint sealing compound shall be Sonneborn SL-1 or approved equal. Concrete surfaces shall be finished according to the Plans and Details. The method of finishing shall be according to the Type required as outlined in the Texas Department of Transportation Specifications. sped 50 Revised 150-4 8 'l3 1. CONCRETE QUALITY: Concrete mixes will be designed and made in sufficient number to represent the required water-cement ratios. These mixes shall comply with the requirements prescribed for strength and consistency as shown below. The Contractor shall fiunish the results on trial mixes from a testing laboratory approved by the Engineer. Minimum Minimum Maximum Compressive Cement water General Usage Strength, psi Content Content at 28 days Sack/cu.yd. Gal/sack of cement 1,500 3.0 11.0 Riprap Drilled Shaft;, Culverts (except Top Slav 3,000 5.0 6.0 of Direct Traffic Culverts); Inlets; Manholes; Headwalls; Sidewalks; Driveways; curb and gutters; 3,500 5.5 6.0 Concrete Pavement 4,000 6.0 5.0 Bridge slab; Top slab of Direct Traffic Culvert The slump of concrete mixtures shall be within the following limits when measured according to "Test for Slump of Portland Cement Concrete" (ASTM C142). When admixtures are used to increase the workability, the mix design shall indicate the slump before and after its introduction into the mix. TYPE OF CONSTRUCTION COMPRESSIVE STRENGTH OF CONCRETE, psi MAXIMUM SLUMP Concrete Pavement 3500 1-3" Curb and Gutter 3,000 1-3" Sidewalk 3,000 3-5" Drilled Shafts and Footings 3,000 5-7" Thin Wailed Sections (9" or less) 3,000 3-5" 1. During the progress of the work, compression test specimens shall be made and cured in accordance with "Standard Method of Making and Curing Concrete Compression and Flexure Test Specimens in the Field" (ASTM C31). Not less than three specimens shall Sp=150 150-5 Revised 01/2 ,~t4 r74 be made for each test, nor less than one test for each 50 cu. yds. of concrete of each type placed or for each days pour. These tests shall be made by an independent testing laboratory at the Owner's expense. 2. Specimens shall be tested in accordance with "Standard Method of Test for Compressive Strength of Molded Concrete Cylinders" (ASTM C39). 3. The standard age of test shall be 7 days and 28 days. 4. If the average strength of the control cylinders for any portion of the structure falls below the specified compressive strength, the Engineer shall have the right to order changes in the proportions or the cement content for the remaining portion of the structure. If the concrete minimum 28 day strength is not achieved the Engineer shall have the right to order its removal. 5. An air-entraining admixture may be used with Type I or Type III Portland Cement in lieu of an Air: Entraining Portland Cement. The admixture shall meet the requirements of "Specifications for Air-Entraining Admixtures for Concrete" (ASTM C260). Concrete produced from either Type IA or Type MA cement or the use of air-entraining admixtures shall have an air content from 3 to 5 percent when determined by means of the test for air- content, ASTM C231. Preparation of test cylinders and tests on concrete cylinders shall be made at the expense of the Owner. All failed tests shall be charged to the Contractor. eneral and unless otherwise specified, no separate payment will be made for concrete as an item. cost of concrete including all materials and equipment, furnishing and placing all reinforcing 1, and performing all labor for the manufacturing, transporting, placing, finishing, and curing of ;rete will be included in the unit price bid for specific items as set forth in the Proposal. Payment not be made for unauthorized work. spec15o Revised 150-6 _ .I SPECIFICATION NO. 152 MORTAR AND GROUT rtar and grout where specified and/or shown on the Plans shall conform to this section of the ifications. Mortar and grout shall be designated by type as set forth. The uses and purposes o ; said types shall be consistent with the uses and purposes as designated. For grout filling e sting lines please refer to Technical Specification No. 140. Masonry mortar shall be composed of fine aggregate thoroughly mixed with cement and water. The mixture produced shall be homogeneous with a consistency requited for ease of handling and spreading by a trowel. Standard grout shall have a consistency that will permit flow into the joints, completely filling them. Pipe joint mortar shall have consistency and workability for use as dictated by accepted practices and/or as required for specific job conditions. Neat cement grout shall be composed of Portland Cement and water mixed to the consistency required for speck job conditions. Design proportions by volume or weight of cement, fine aggregate and water shall produce a plastic ure. The degree of workability shall be consistent with the use to which the mixture is ed, and shall be approved by the Engineer. CEMENT: Cement used in mortar and grout shall be Type I or Type III Portland Cement which shall conform to the current ASTM Designation C-150. FINE AGGREGATE. Fine aggregate to be used in mortar and grout shall consist of sand or a mixture of sands, with or without a mineral filler. The sand or mixture of sands in fine aggregate shall consist of clean, hard, durable, uncoated grains, free from lumps. Fine aggregate shall not contain deleterious substances, in excess. of the following percentages by weight: Material removed by decantation 3.0% Clay lumps 0.5% Other deleterious substances 2.0% (such as coal, shale, coated grains, and soft, flaky particles) Spec152 Revised 152-1 i Pine aggregate shall be free from an excess of harmful salts or alkali. When subjected to the color test for organic impurities the sand or mixture of sands shall not show a color darker than the standard color. The. fine aggregate shall be well graded from coarse to fine, and when tested by laboratory methods shall meet the following requirements for percentages by weight: Retained on 3/8 inch screen 0% Retained on 1/4 inch screen 0-5% Retained on No. 20 mesh sieve 15 - 50% Retained on No. 100 mesh sieve 85 - 100% Combining two sands of different gradations may be the most economical way to meet these specifications. If this is done, each sand shall be separately and accurately measured by volume or weight in such proportions as the Engineer may direct. Sands and mineral filler shall not be mixed prior to batching. Mineral filler and the use of it shall be approved by the Engineer. In no case shall the added amount of mineral filler exceed ten (10) percent of the weight of the fine aggregate. The mineral filler, when tested by laboratory methods, shall meet the following percentages by weight: Retained on No. 20 mesh sieve 0% Retained on No. 30 mesh sieve 0-5% Retained on No. 100 mesh sieve 0 - 30% WATER: Water for use in mortar and grout shall be reasonably clean and free from injurious amounts of oil, acid, alkali, organic matter or other deleterious substances. Water suitable for drinking or ordinary household uses may be considered acceptable for use in mortar and grout. All equipment, tools and machinery used in handling and mixing mortar and grout shall meet the approval of the Engineer. Mortar and grout shall be machine mixed when the amount required justifies machine mixing. Machine mixers shall be of the batch type. Mortar and grout shall be mixed only in the quantities required for immediate use. Where machine mixing is indicated or directed, the fine aggregate along with the cement and water shall be measured separately, introduced into the mixer, and mixed for a period of time of not less than one and one-half (1 1/2) minutes. This is the time measured from the entry of the last aggregate into the drum until the discharging of mortar or grout. The required water shall be introduced into the mixing drum during the first fifteen (15) seconds of mixing. The entire contents of the drum shall be discharged before introducing any materials for the succeeding batch. Any hand mixing as approved by the Engineer shall be done in an approved watertight box, and the sequence of mixing operations shall be as follows: spec152 152-2 Revised 01/ The box shall first be filled with the required amount of sand; the sand shall be leveled with the required amount of cement spread uniformly on top of the sand; the materials shall then be dry mixed by turning not less than three (3) times with a mortar hoe; the required amount of water shall then be added and the hoe mixing continued until the batch is of uniform color and consistency. All mortar and grout shall be used within one (1) hour after mixing or before any visible signs of setting become discernible. Retempering of mortar or grout will not be permitted. The types, uses and proportions of mortar and grout shall be as follows: TYPES USES SACKS OF CEMENT CUBIC FEET OF FINE AGGREGATE "A" Masonry mortar 1 2 "B" Standard grout 1 3 "C" Pipe joint mortar 1 1 "D" Neat cement grout 1 none Lime may be added to increase workability in an amount not to exceed ten (10) percent of the cement content of the masonry mortar. Admixtures for the purposes of curing, accelerating the setting, or lowering the freezing point will not be permitted. and grout may be rejected for failure to meet any of the requirements of the ations, and specifically for: Retempered mortar and/or grout. Mortar and grout attaining initial set before use. Improper mixing. Mortar and grout containing frozen aggregates. Mortar and grout subjected to freezing within three (3) days after being placed in the work. fe mort ar and/or grout are measured for payment the unit of measurement will be cubic y of mortar and/or grout, complete and in place. Payment shall be at the unit price bid in the P al. However, unless otherwise specified or directed, mortar and/or grout will not be red as pay quantities but will be included in the unit price bid for the specific item or items hich they are incorporated as set forth in the bid proposal. Spec152 152-3 Revised 01/2 SPECIFICATION NO. 155 REMOVAL OF EXISTING CONCRETE item shall consist of breaking up, removing and satisfactorily disposing of existing sent along the right-of-way or at locations shown on the Plans. 155.04 U014STRUCTION METHODS isting pavement (with or without bituminous top), sidewalk, driveway, curb, or combined curb i gutter shall be broken up into pieces not greater than eighteen (18) inches in any dimension air-driven machinery or other suitable means. The use of explosives will not be permitted. ere only a portion of the existing concrete is to be removed, special care shall be exercised to a id damage to that portion of the concrete to remain in place. The existing concrete shall be ~l c to the neat lines shown on the Plans or established by the Engineer. Any existing concrete and the neat lines so established which is damaged or destroyed by these operations shall be 1 r laced at the Contractor's expense. . ting pavement, which is to be removed, shall be loaded, hauled and neatly stored at ignated sites, or otherwise disposed of as directed by the Engineer. Work performed under 1 item shall be inaugurated at such times and prosecuted in such manner as to cause minimum onvenience to traffic or to the owners of adjacent property. ing pavement, concrete sidewalk and driveways, removed as prescribed above will be aced by the square yard in its original position, regardless of its thickness or the depth of sting combined concrete curb and gutter and concrete curb, removed as prescribed above, will measured by the linear foot in its original position, regardless of its thickness or the ensions of same. $p=155 155-1 j Revised 01/2 work performed as prescribed by this item and measured as provided under "Measurement", be paid for at the unit price bid for "Removal of Existing Concrete" (of the type specified), ch price shall be full compensation for breaking up of the concrete, loading, hauling, ading and satisfactorily storing or disposing of the material. Payment shall include all labor, Is and equipment to complete the work. Payment will not be made for unauthorized work. , Spec155 Revised 155-2 , SPECIFICATION NO. 160 CLEARING AND GRUBBING earing and grubbing shall consist of the removal and disposal of trees, stumps, brush, roots, getation, logs, rubbish and other objectionable matter from the designated portions of the right way as well as from authorized construction sites. signated portions of the right-of-way shall be cleared of all trees, stumps, brush, logs and bish, with the exception of trees and brush designated by the Engineer for preservation. Trees aod brush designated for preservation shall be carefully trimmed as directed and shall be pr)tected from scarring, barking or other injuries during construction operations. Scars from ed limbs shall be treated by painting the exposed cuts with an approved asphaltic material. ,r eas required for embankment construction, roadway, channel and structural excavation, ow sites, and material sources shall be cleared and grubbed. On areas required for roadway, el, or structural excavation, all stumps, roots, etc., (except for designated trees and brush) s 1 be removed to a depth of at least two (2) feet below the lower elevation of the excavation. areas required for embankment construction, all stumps, roots, etc., shall be removed to a h of at least two (2) feet below the existing ground surface. All holes remaining after clan ng and grubbing shall be back lied and tamped as directed by the Engineer. The entire will be bladed to prevent ponding of water and to provide drainage. In areas to be ediately excavated, the Engineer may direct that the holes not be backfilled. When permitted he plans, trees and stumps may be cut as close to natural ground as practicable on areas h are to be covered by at least three (3) feet of embankment. On areas required for borrow and material sources, stumps, roots, etc., (except for designated trees and brush) shall be ved to the extent necessary to prevent such objectionable matter from becoming mixed with aterial to be used in construction. cleared and grubbed material shall be disposed in the city or county's landfill, in any legally nitted landfill or in a manner satisfactory to the Engineer. Spec160 Revised 160-1 a C g and grubbing will be considered subsidiary to the subsequent bid item unless a specific bid ' item is provided in the proposal. All work performed in clearing and grubbing areas not so d gnated on the Plans or in the Special Provisions, will not be paid for directly but shall be co i idered subsidiary work pertaining to the various bid items. Payment will not be made for thorized work if " cluded in the bid proposal, all work performed will be paid for at the unit price bid for clc~xing and grubbing or as a lump sum price according to the bid proposal. Price shall include fa 4 compensation for furnishing all labor, equipment, tools, supplies and incidentals necessary to c lete the work. Spec160 160-2 Revised 01/2 SPECIFICATION NO. 170 POLYVINYLCHLORIDE PIPE AND FITTINGS work specified under this section includes the manufacture, construction and installation of vinylchloride (PVC) pipe and fittings for Water Lines and for Gravity and Pressure Sanitary publications listed below form a part of this Specification to the extent referenced. The ications are referred to in the text by basic designation only. AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) M D1784 Standard Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (CPVC) Compounds (Latest Edition) _ M F477 Standard Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe (Latest Edition) M F 1483 Standard Specification for Oriented Poly (Vinyl Chloride), (PVCO) Pressure Pipe (Latest Edition) M C33 Standard Specification for Concrete Aggregates M C150 Standard Specification for Portland Cement M D1598 Standard Test Method for Time-to-Failure of Plastic Pipe Under Constant Internal Pressure I AM,TMD1599 Standard Test Method for Resistance to Short-Time Hydraulic Failure Pressure of Plastic Pipe, Tubing, and Fittings TM D2122 Standard Test Method for Determining Dimensions of Thermoplastic Pipe and Fittings TM D2152 Standard Test Method for Adequacy of Fusion of Extruded Poly(Vinyl I Chloride) (PVC) Pipe and Molded Fittings by Acetone Immersion A,E TM D2241 Standard Specification for Poly(Vinyl Chloride) (PVC) Pressure-Rated Pipe (SDR Series) TM D2564 Standard Specification for Solvent Cements for Poly(Vinyl Chloride) (PVC) Plastic Piping Systems Spec 170 170-1 Revised 01/26~ T _ D2672 Standard Specification for Joints for IPS PVC Pipe Using Solvent Cement D3034 Standard Specification for Type PSM Poly(Vinyl Chloride) (PVC) Sewer Pipe and Fittings D3212 Standard Specification for Joints for Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals D3139 Standard Specification for Joints for Plastic Pressure Pipes Using Flexible Elastomeric Seals AMERICAN WATER WORKS ASSOCIATION (AWWA) A C900 Polyvinyl Chloride (PVC) Pressure Pipe, 4-Inch Through 12- Inch for Water Distribution (Latest Edition) A C909 Molecularly Oriented Polyvinyl Chloride (PVCO) Pressure Pipe. 4-Inch Through 12 Inch for Water Distribution (Latest Edition) A C104 ANSI Standard for Cement Mortar Lining for Ductile Iron Pipe and Fittings for Water A C105 ANSI Standard for Polyethylene Encasement for Ductile-Iron Pipe Systems A C111 ANSI Standard for Rubber-Gasket Joints for Ductile-Iron Pressure Pipe and Fittings 'A C116 Protective Fusion Bonded Epoxy Coatings for the Interior and Exterior Surfaces of Ductile-Iron and Gray-Iron Fittings for Water Supply Service A C153 Ductile Iron Compact Fittings, 3 in. through 24 in. and 54 in. through 64 in. for Water Service A C905 Polyvinyl Chloride (PVC) Pressure. Pipe and Fabricated Fittings, 14 In.- 48 In. 1. PIPE a. Blue colored Polyvinyl chloride (PVC) pressure pipe, six (6) inch through twelve (12") inch, shall conform to the current AWWA - C900 or C909 standard, be UL listed, be approved by the Texas State Board of Insurance and the National Sanitation Foundation. C900 will only be accepted as an equal if a letter from the supplier is submitted stating that the C909 pipe cannot be obtained. PVC pipe wall thickness shall be based on a working pressure rating of 125 psi at 100° F (DR-14, Class 200 for C900 or Class 200 for C909.). The outside diameter shall be identical to ductile-iron pipe (CIOD Standard, Table 2, AWWA - C900). All pipe shall be new and have the AWWA designation, spec170 170-2 Revised 01/2 x ;a . 85 ,y . a pressure class, DR pressure rating and size of pipe stamped on the outside of each joint (follow requirements of C900 2.5.2 Markings). All, piping shall be new. Partial pieces from other projects shall not be approved for installation. Metal detector tape shall be installed above all PVC pipe at an elevation of 2 feet below natural ground. b. Blue colored PVC 3" pipe shall be SDR 21, ASTM D2241 c. PVC Pressure Pipe shall be designed and tested in accordance with ASTM D1598, D1599, and D2152. d. Fittings for PVC water pipe shall be ductile-iron, and shall conform to AWWA C153, unless otherwise specified. Fitting joints shall be mechanical joints. Bolts and nuts for mechanical joints, or flanged ends will be of a high strength corrosion resistant low-alloy steel and shall conform to AWWA C111. Flange bolts and nuts for above ground installation shall conform to Appendix A of AWWA C115. Flange bolts and nuts for below ground installation shall be 316 stainless steel. All fittings shall be epoxy coated and lined unless stainless steel is used. Where joints are to be restrained, use mega-lug type fitting. Polyethylene wrap or encasement of metal fittings shall conform to AWWA C105. Joint tape shall be self sticking PVC or 8-mil-thick polyethylene. e. Joints PVC water pipe shall be furnished with an elastomeric gasket at each joint and an integral thickened bell as part of each joint. Pipe and fittings must be assembled with a non-toxic lubricant. Provisions must be made at each joint for expansion and contraction. Refer to ASTM F477, D3139 and D3212. 1. PIPE Flexible pipe and fittings shall be unplasticized polyvinyl chloride gravity sewer pipe shall be green in color, made from clean, virgin, NSF approved Class 12454-B PVC conforming to ASTM D1784. All pipe shall be new and have the ASTM designation, SDR, pressure rating and size stamped on the outside of each joint. All markings shall follow requirements of ASTM D3034. Polyvinyl chloride (PVC) gravity pipe and fittings in sizes four inch (4") through fifteen inch (15"), shall conform to ASTM D3034, be UL listed and approved by the National Sanitation Foundation. Pipe and fittings shall be SDR-26. Eighteen inch (18") pipe and fittings shall be SDR-26 and conform to ASTM D2241, be UL listed and approved by the National Sanitation Foundation. 1. PIPE a. Polyvinyl chloride (PVC) pressure pipe, three (3) inch through eight (8) inch, shall conform to the current ASTM D2241, AWWA - C900, or AWWA C909 standard, be UL listed, be approved by the Texas State Board of Insurance and r Spec 170 170-3 } Revised 01/2004 a f C.. the National Sanitation Foundation. PVC pipe pressure class shall be equal to or greater than twice the maximum calculated pressure of the force main. b. Polyvinyl chloride (PVC) pressure pipe shall be SDR-21 Class 200 and conform to the ASTM D2241 standard, be UL listed and approved by the National Sanitation Foundation. The outside diameter shall be identical to steel pipe. c. PVC Pressure. Pipe shall be designed and tested in accordance with ASTM D1598, D1599, and D2152. d. Fittings for PVC pressure pipe shall be ductile-iron, and shall conform to AWWA C153, unless otherwise specified. Fitting joints shall be mechanical joints. Bolts and nuts for mechanical joints, or flanged ends will be of a high strength corrosion resistant low-alloy steel and shall conform to AWWA C111. Flange bolts and nuts for above ground installation shall conform to Appendix A ` of AWWA C115. Flange bolts and nuts for below ground installation shall be 316 stainless steel. All fittings shall be epoxy coated and lined unless stainless steel is used. Polyethylene wrap or encasement of metal fittings shall conform to AWWA C105. Joint tape shall be self sticking PVC or 10-mil-thick polyethylene. Where joints are to be restrained, use mega-lug type fitting. e. Joints: PVC water pipe shall be furnished with an elastomeric gasket at each i joint and an integral thickened bell as part of each joint. Pipe and fittings must be assembled with a non-toxic lubricant. Provisions must be made at each joint for expansion and contraction. Refer to ASTM F477, D3139 and D3212. Submit manufacturer's data on pipe furnished, indicating compliance with the specifications regarding dimensions, thickness, weights, and materials. Submit manufacturer's "Certificate of Compliance," stating that the materials furnished comply with this specification. V.VuF 1.101 lMV V 1 JLV11 1'r1L`I l il%Y&P0 I pection, Storage and Handling UNLOADING - COLD WEATHER HANDLING As the temperature approaches and drops below freezing extra care should be used in handling during cold weather. Pipe at the bottom of a stack may become out-of-round due to the weight of material above it. Allow the pipe to recover to full initial roundness before j installation. Pipe may be unloaded by hand, either by passing over the side or off the truck end. Sliding one length on another is permissible in unloading pipe, but lengths in the bottom layer shall be lifted off of the rough surface.of the truck body to avoid abrasion. Compact shipping units (palletized bundles in a wood frame) may be unloaded by 11 conventional fork lifts. speci70 170-4 Revised 01/2 97 STOCKPILES Store pipe on a flat surface so as to support the barrel evenly with bell ends overhanging. Store random lengths separately where they will be readily available. Individual lengths of pipe should be stacked in piles no higher than 5. feet. Pipe shall be protected during long exposures (over 3 months) to sunlight. Do not use clear plastic sheets. Provide for air circulation under sheet. STORING RUBBER RINGS Store all rubber rings at a central point and distribute them as needed. Keep them clean, away from oil, grease, excessive heat and electric motors which produce ozone. if rubber rings are not to be used immediately, store them in their cartons, as shipped, in a cool dark place out of the direct rays of the sun. TRENCH WIDTH See Standard Details. JOINT ASSEMBLY 1. Push-on joints shall be assembled as follows: a. Thoroughly clean the groove and bell and insert the gasket, making sure that it faces the proper direction and that it is correctly seated. b. Dirt or foreign material shall be cleaned from the spigot end to a point one inch (1 beyond the reference mark A joint lubricant shall be used and applicable recommendations of the manufacturer shall be followed. c. Be sure that the spigot end is beveled, as square or sharp edges may damage or dislodge the gasket and cause a leak. Push the spigot end into the bell of the pipe while keeping the joint straight. Brace the bell while the beveled end is pushed under the ring, so that previously completed joints in the line will not be closed up. Make deflection after the joint is assembled. d. Push the spigot end in until the reference mark on the spigot end is flush with the end of the bell. If excessive resistance to insertion of the beveled end is encountered or the reference mark does not reach the flush position, disassemble the joint, and check the position of the ring. If it is twisted or pushed out of its seat, clean the ring, bell and beveled end and repeat assembly. Be sure both lengths are in proper alignment. If the ring was not out of position, measure the distance between the reference mark and beveled end, and check it against correct values from the manufacturer. Relocate the reference mark if it is out of position. e. Small pipe can be pushed into the bell end with a long bar. Large pipe requires additional power, such as a jack, lever puller, or backhoe. A timber header should be used between the pipe and jack or backhoe bucket to avoid damage to the pipe. f. At times when pipe laying is not in progress, the open ends of pipe shall be closed by watertight plug, or other means approved by the Engineer. The plug shall remain in place until the trench is pumped completely dry. Care must be taken to prevent pipe flotation should the trench fill with water Spec170 Revised 170-5 2. Mechanical joints shall be assembled as follows: a. Wipe clean the bell and spigot end. The spigot end, bell, and gasket should be washed with a soap solution to improve gasket seating. b. Place the gland on the spigot end with the lip extension toward the spigot end, followed by the gasket with the narrow edge of the gasket toward the spigot end of the pipe. c. Insert the pipe into the bell and press the gasket firmly and evenly into the gasket recess. Keep the joint straight during assembly. Make deflection after joint assembly but before tightening the bolts. d. Push the gland toward the bell and center it around the pipe with the gland lip against the gasket. e. Align bolt holes and insert bolts, with bolt heads behind the bell flange, and tighten opposite nuts to keep the gland square with the bell. f. Tighten the nuts in accordance with manufacturer's recommendations. 3. When it is necessary to deflect pipe from a straight line in either the vertical or horizontal plane, or where long radius curves are permitted, the amount of deflection shall not exceed that shown in Table 1. Pipes greater than twelve-inches (12") in diameter shall not be deflected. TABLE 1 Maximum Deflection Full Length, Pipe Push-on Type Joint Pipe Diameter in. Deflection Angle Deg. Minimum Radius of Curve ft. * 6 2.5 230 8 1.9 300 12 1.3 450 * All curvature results from the bending of pipe lengths. There is no deflection at the joint. 4. Cutting and Beveling a. A square cut is essential to insure proper assembly. Use either a tubing cutter or a miter box and carpenter's fine-toothed hand saw or hacksaw. (Do not use standard pipe cutters. The cutting wheel will crush or damage the pipe.) b. Use a factory-finished beveled end as a guide to determine the angle and length of taper. The end may be beveled using a. Pilot beveling tool which will cut the correct taper automatically or a thin steel, "cheese-grater" type of hand tool, Stanley "Sureform" No. 399. c. With a pencil or crayon, locate the reference mark at the proper distance from the bevel end as indicated by the manufacturer. spec170 Revised oL 170-6 ~~~ia h I POLYETHYLENE TUBE PROTECTION All cast iron and ductile iron fittings shall be provided with 8 mil polyethylene tube protection. Completely cover all fittings and connections with polyethylene film held securely in place with joint tape or strapping according to the provisions of AWWA C105.. EMBEDMENT Install embedment as shown on the Plans and in accordance with Specification No. 130. TAPPING WATER LINES Where a tap occurs within a deflected section of pipe, utilize a fitting (ie: 8" x 1" tapped tee) in lieu of tapping the pipe. The tapping sleeve specified will be the Smith-Blair 662 Stainless Steel Tapping Sleeve with Epoxy Coated Flange for pipe sizes 6"-24". GRAVITY SANITARY SEWER DEFLECTION TEST The sewer line shall be tested for deflection in accordance with SPECIFICATION NO. 490 TESTING FOR SANITARY SEWAGE GRAVITY SYSTEM. Specification No. 490, "Testing of Gravity Sewer Systems" Specification No. 690, "Hydrostatic Testing" (Used for Waterlines & Sanitary Sewer Force Mains) Specification No. 695, "Disinfection of Waterlines" shall be made at the price bid per unit length per the specification TECHNICAL -ATION NO. 600 WATER MAIN CONSTRUCTION or TECHNICAL ~ATION NO. 400 SANITARY SEWAGE SYSTEM. speci7o Revised 170-7 .w5~_..F64, x ~_5~ °~s~~~:. T SPECIFICATION NO. 400 SANITARY SEWAGE SYSTEM s is a general specification, which applies to the furnishing of all plant, labor, equipment, lianm and materials and in performing all operations in connection with the construction of s 'tary sewers, together with the manholes, cleanout structures and other incidentals, in . i ordance with the plans and these specifications. ification No. 110, "Pipe Boring, Jacking, & Tunneling" tcification ification No. 130, "Excavating, Trenching, & Backfill" ification No. 170, "PVC Pipe & Fitting" ification No. 180, "Ductile Iron Pipe" ification No. 440, "Manholes" No. 460, "Sewer Services submittal requirements are listed with the material specifications istruction methods for each material are specified in the material specifications. Minimum Cover The desired minimum cover for sanitary sewer pipe shall be six feet (6) as measured from the outside top of pipe vertically to finished ground or pavement surface elevation. The minimum cover shall be three and one half feet (3.5'). Where the cover is 3.5', ductile iron pipe should be used and cement stabilized sand backfill where erosion may occur. No. 490, "Testing of Gravity Sewer Systems" 400.06 aents will be made at the price bid per foot for furnishing and installing pipe, which bid price include all costs for the complete pipe installation, including line fittings, trenching, and fill, embedment, compaction or tamping, sterilization, testing, final cleanup, and all other not otherwise provided for in bid proposal. Pipe will be measured (by horizontal distance) center of fitting to center of fitting, or end of pipe without deduction for the length of mediate fittings. Spec400 400-1 1 Revised 01/2 ~j j ~ ~ % 3 • 7 PS ECIFICATION NO. 440 MANHOLES s item shall govern the manufacture, construction, and installation of sanitary sewer manholes. manholes shall conform to TCEQ requirements. Submittal and approval shall be required for are-cast design. Concrete Refer to Specification 150 } , Manhole Rings and Covers j The standard rings and covers (V-1420) and the water-tight ring and cover (V-2420) shall be manufactured by East Jordan Iron Works (or approved equal.) The manhole shall bear the appropriate model number, the logo of City and the words "Sanitary Sewer". The cover shall have pick lugs cast into the surface. All manhole ring and covers shall have a 32" diameter. Grade Rings Grade rings shall be precast reinforced concrete. Minimum thickness shall be 2 inches by 8 inches wide by 30 inches inside diameter. Precast Reinforced Manhole Sections Precast manhole sections conform to the current ASTM C478 standard. Joints shall be O- ring gasketed. Thickness for manhole risers shall be as listed under wall "B" in the "Class Tables" of ASTM C76, Reinforced Concrete Pipe. ,t Pre-cast Manhole Bases Pre-cast manhole bases will conform to all TCEQ requirements and City Specifications for invert depths, reinforcement, base thickness and manhole depth for pipe size. Drops Drops shall be constructed of ductile iron as specified in Specification No. 180, "DUCTILE IRON PIPE", encased in concrete as shown on the plans. All pipe segments adjacent to the manhole shall be restrained using retainer glands or restrainer gaskets. Cement stabilized sand may be used for backfill as well as PVC pipe as specified in Specification No. 170 "POLYVINLYLCHLORIDE PIPE AND FITTINGS." Submit manufacturer's data on materials finished indicating compliance with the specifications regarding dimensions, thickness, weights, and materials. 114, Submit manufacturer's "Certificate of Compliance" stating that the materials furnished comply with this specification. spww 440-1 Revised 01/ 4 VOL 5~, PAGE Rif 1. Construct manhole bases in the configuration shown on the Plans. Minimum thickness below the flowline of sewer shall be 8 inches or as shown on the details. 2. Insure that bases are constructed or installed on firm ground and that ground water is controlled. Install appropriate material for a minimum of 4" to stabilize bottom if directed to do so by the Engineer. 3. The invert of manholes shall be formed in such a fashion that they are smooth and will not obstruct flow of sewage. Provide flow channels in the manhole base equivalent to the top of the pipe by forming the concrete base and trowelling it to a smooth, even finish with a steel trowel. Slope the manhole bench from the wall line to edge of flow channel and trowel it smooth on a grade of 1 inch per foot with a liberal radius applied at flow channel intercepts. 1. Precast Manhole bases shall be placed on a 6" minimum depth layer of cushion sand, gravel or approved material. 2. Cast bottom section of precast manhole riser ring in manhole base as shown on the Plans. Place "Synko-Flex" waterstop (or approved equal) per manufacturer's recommendations prior to setting precast starter ring. The base shall have a minimum diameter 12 inches greater than the outside diameter of the manhole, and a minimum thickness including the area under the pipe as follows: 0' to 8' manhole - 6" greater than 8' -1211 3. All invert channels shall be smooth and accurately shaped to a semi-circular bottom conforming to the outside of the adjacent sewer section. Inverts shall be formed directly in the concrete of the manhole base or may be constructed by laying full section sewer pipe straight through the manhole and cutting out the top half after the base is constructed. Changes in the direction of the sewer and entering branches shall have a true curve of as large a radius as the size of the manhole will permit. Where the largest pipe at a manhole is less than 12", the channel depth shall be one half of the largest pipe diameter. When the largest pipe at the manhole is between 12 and 24 inches (inclusive,) the channel depth shall be three fourths of' the largest pipe diameter. When the largest pipe at a manhole is greater than 24", the channel depth shall match the largest pipe. In all cases, the edges of the pipe along the invert and at the walls of the manhole shall be plastered and brush-finished Plaster shall be non- shrink or hydraulic grout. Sp-440 440-2 Revised Ol . 1 Z . Z 4. Where inlet leads, main or lateral pipe sewers enter manholes, pipes shall be cut off flush with inside of manhole any irregularities shall be grouted up with non-shrink grout. Install stub outs, where shown, to line and grade. Use one full joint of pipe, of size indicated, for stub out. Seal stub out with plug. Install plug in such a manner as to prevent seepage of leakage through stub outs. Installation of plug shall be such that it may easily be removed in future without damaging bell or groove end of stub out. 5. If manholes are constructed in streets where immediate subsequent paving or re- paving is involved, readjust the manhole ring and covers, immediately prior to the paving operations. Manholes shall be installed with joints of size and numbers required to obtain correct depth. Contractor is responsible for verifying correct manhole depth before construction. Initially, manhole tops shall be not less than 6- inches nor greater than 18-inches from final grade. If manholes are relocated in the field because of unforeseen conflicts, the Contractor is responsible for correct depth of manhole. Manhole tops shall be set as follows: a. Developed Areas: Set manhole tops 1-inch higher than existing elevation of natural ground or other final grade when specified by the Engineer. b. Undeveloped Areas: Set manhole tops flush with paved surfaces and 6-inchs higher than shoulder and/or proposed final grade elevations in easements or other unpaved areas. Where manholes are located in bottom of ditches, either set manhole top by EJIW V-2342, or approved equal, flush with ditch bottom and seal with solid cover, or set twelve inches above ditch top and reshape ditch around manhole. 6. Prior to placing each section of manhole riser or cone, thoroughly clean the bells and spigots to be joined. 7. Backfilling will be performed evenly and carefully around the manhole after the full strength of the concrete is attained. 8. Carefully place the O-ring gasket and check for proper alignment. 9. Plug lift holes, interior joints, and exterior joints with "Water Plug" grout. 10. Each manhole shall be individually vacuum tested according to the Specification No. 440. Stub-outs, boots, and pipe plugs shall besecured to prevent movement while the vacuum is being drawn. Cast-In place manholes are not allowed without prior approval from the City Engineer. This approval shall only be in emergency situations. Fiberglass manholes are permitted with written approval from the City Engineer. Service connections at manholes will meet all other requirements of this specification and shall be tied into the manhole with a manhole boot. At the time of construction, the Engineer will designate the locations of the service outlets and the depth to the top of the Sp-A40 Revised 440.3 T_ _ lateral pipe, if depth is not indicated on the plans. The minimum depth of cover over the end of the lateral pipe shall be four feet. The Contractor shall construct cleanouts where shown on the plans and as specified. All backfill around and above the pipe shall be machine tamped in layers not exceeding 3- inches in depth so that no settlement shall occur after the cleanout is constructed. Cleanouts shall be provided at each service connection and located at the edge of an easement or at the right-of-way. The cleanouts shall be enclosed within a meter box which has a lid that makes the cleanout accessible set flush with the ground. Drop manholes shall be constructed for elevation differences of 30 inches or greater as measured from the flow line of the pipe to the flow line entrance of the manhole. Drops. shall be constructed as shown on the plans. Concrete for encasement shall have a twenty-eight (28) day strength of 2,000 psi. Ductile iron pipe and fittings shall be wrapped per Specification No. 170; "Ductile Iron Pipe." Cement stabilized sand may be used for backfill as well as PVC pipe as specified in Specification No. 170 "POLYVINLYLCHLORIDE PIPE AND FITTINGS." Specification No. 490, "Testing of Gravity Sewer Systems" The depth of manholes completed shall be determined by measuring the vertical distance from the flow line of the sewer main to the top of the manhole ring and cover. Standard manholes shall be measured by the each for various size diameters and depths. The contract unit prices shall be the total compensation for furnishing all labor, materials, tools, equipment, and incidentals and performing all work, of whatever nature required, that is necessary for the completion of the manholes in accordance with the provisions of the plans and these specifications. Material or methods used to stabilize the foundation shall be subsidiary to the bid item for Manholes. Cleanouts for services shall be considered subsidiary to the price for each service connection. Drop connections will be measured for payment per each, complete. in place regardless of depth. sPWAO Revised i 97. .t._ I . i SPECIFICATION NO.490 TESTING FOR SANITARY SEWAGE GRAVITY SYSTEM F is a general specification, which applies to the furnishing of all labor, materials, tools, and pment to perform all operations in connection with leakage testing for completed manholes gravity sewer pipe and deflection testing for flexible sewer pipe. 4 j I~OT USED) USED) Contractor shall notify the City Engineer or his representative when the manholes and line we ready to be tested. After the City Engineer or his representative concurs that the line is ready be tested, the Contractor may proceed with testing. The Contractor will supply and set-up the t plugs and risers for the test and will perform the test in the presence of the City Engineer or representative. actor shall take such precautions as required to prevent damage to lines and appurtenances tested. Damage resulting from tests shall be repaired at Contractor's expense. After completion of manhole construction, wall sealing, or rehabilitation, test manholes for leakage using Vacuum Testing or, if approved by the City Engineer, Exfiltration Testing Procedures as specified herein. 1. GENERAL l Plug influent and effluent lines, including service lines, with suitably sized pneumatic or mechanical plugs. Ensure plugs are properly rated for pressures 1 required in this test; follow Manufacturer's safety and installation recommendations. Place plugs a minimum of 6 inches outside of manhole walls. Sp-490 490-1 Revised OM 2. VACUUM TESTING a. Performance: Diameter, in. Depth. 30 33 36 42 48 54 60, 66 72, (ft) Time, s =8 11 12 14 17 20 23 26 29 33 10 14 15 18 21. 25 29 33 36 41 12 17 18 21 25 30 35 39 43 49 14 20 21 25 30 35 41 46 51 57 16 22 24 39 34 40 46 52 58 67 18 25 27 32 38 45 52 59 65 73 20 28 30 35 42 50 53 65 72 81 22 31 33 39 46 55 64 72 79 89 24 33 36 42 51 59 64 78 87 97 26 36 39 46 55 64 75 85 94 105 28 39 42 49 59 69 81 91 101 113 30+ 42 45 53 63 74 87 98 108 121 b. Execution Install Vacuum Tester Head Assembly at top access point of manhole, top of frame, and adjust for proper seal on straight top section of manhole frame. Following Manufacturer's instruction and safety precautions, inflate sealing element to recommended maximum inflation pressure. Evacuate manhole with vacuum pump to 10 inches of Mercury (Hg). Then disconnect pump and monitor vacuum for the time period specified in 490.05.1-1-a. "Performance." Drop in vacuum should not exceed 1 inch Hg over the specified time period. 3. EXFILTRATION TESTING a. Performance: Manhole De th Maximum Allowable Water Loss 0 to 8 feet 1 inch over 15 minutes Over 8 feet 1/8 inch per vertical foot of depth over 15 minutes b. Execution Fill the manhole with water up to the manhole cover. Monitor elevation for the time period specified in 490.05.1-3-a "Performance". Sao Revised O1 490-2 59 99 rte; . 1 GENERAL Tests shall be made by the low-pressure air test, the infiltration test or the joint test. The infiltration test shall be used when the groundwater level is at least 2 ft above the crown of the pipe measured at the upstream manhole. The joint test shall be used for pipe sections greater than 36-inch inside diameter. The Contractor may use the joint test for pipe with a 27-inch through 36-inch average inside diameter at the approval of the Engineer or his representative. The low-pressure air test, the infiltration test and the exfiltration test shall be conducted from manhole to manhole. Trenches shall be completely backfilled and sewer line should be free of debris prior to testing. Plug all pipe outlets including laterals and secure plugs to prevent leakage blowout due to testing pressure. 2. INFILTRATION TEST a. Performance The total infiltration, as determined by a hydrostatic head test, shall not exceed 50 gallons per inch diameter per mile of pipe per 24 hours. For construction within the 100-year flood plain, the total infiltration shall not exceed ten gallons per inch diameter per mile of pipe per 24 hours. NnuMAY. hn1VRTR1TfT1nN SIZE OF PIPE ' ALLOWABLE- LEAKAGE* Gat Min/100 Ft. 6" 0.0039 8" 0.0053 10" 0.0066 12" 0.0079 15" 0.0099 18ty 0.0118 21" 0.0138 24" 0.0158 27" 0.0178 30" 0.0197 36" 0.0237 * Equivalent to 50 gal. per inch diameter per mite per l4 nours Spec490 Revised 490-3 b0 Spee490 Revised 01, CONSTRUCTION WITHIN 100 VR FLOOD PLAIN SIZE OF PIPE ALLOWABLE LEAKAGE* Gal/Min/100 Ft. 6" 0.0008 8" 0.0011 10" 0.0013 12" 0.0016 15" 0.0020 18" 0.0024 21" 0.0028 24" 0.0032 27" 0.0036 30" 0.0039 36" 0.0047 " Equivalent to 10 ga1. per inch diameter per mile per 24 hours The total leakage in cubic inches shall be the total cross-sectional area in square inches of the inside of the two risers and of any stacks in the sewer multiplied by the drop in water level in inches. For diameters not listed in chart, multiply the square of the diameter by the following chart value for 1" diameter. DIAMETER OF RISER OR STACK VOLUME PER INCH OF DEPTH Cubic Inch Gallon 0.7854 .0034 2" 3.1416 .0136 2-1/2" 4.9087 .0212 3" 7.0686 .0306 4" 12.5664 .0544 5" 19.6350 .0850 6" 28.2743 .1224 8" 50.2655 .2176 490-4 I b. Execution Stop all dewatering operations and allow the groundwater to return to its normal level and allow to remain so for at least 24 hours. Leakage shall be determined by measuring the flow through the opening in the downstream plug for at least 15 minutes. Five separate measurements shall be made. The average of the measurements shall be used, discarding any one of the five measurements except the last that varies by more than 501/o from the average of the other four. If the results of the tests are otherwise satisfactory, but the last of the five measurements show leakage in excess of that permitted, the tests shall be continued to determine if additional leaks may have developed during testing. 3. AIR TEST a. Performance The pipe shall be pressurized to 3.5 pounds per square inch gauge (psig) greater than the pressure exerted by groundwater above the pipe. Once the pressure is stabilized, the minimum time allowable for the pressure to drop from 3.5 psig to 2.5 prig shall be computed from the following equation: T = (0.085 x D x K) / Q T = time for pressure to drop 1.0 pound per square inch gauge (seconds) K = 0.000419 x D x L, but not less than 1.0 (SF) D = average inside pipe diameter (inches) L = length of line of same pipe size being tested (feet) Q = rate of loss, 0.0015 cubic feet per minute per square foot internal surface shall be used (CFM/SF) Since a K value of less than 1.0 shall not be used, there are minimum testing times for each pipe diameter as follows: Pipe Diameter (inches) Minimum Time (min:sec) Length for Minimum Time feet Time for Longer Length seconds 6 5:40 398 0.855(L) 8 7:34 298 1.520(L) 10 9:27 239 2.374(L) 12 11:20 .199 3.419(L) 15 14:10 159 5.342(L) 18 17:00 133 7.693(L) 21 19:50 114 10.471(L) 24 22:40 100 13.676(L) 27 25:30 88 17.309(L) 30 28:20 80 21.369(L) 33 31:10 72 25.856(L) Spec490 Revised 490-5 V{,s 69 1ba The test may be stopped if no pressure loss has occurred during the first 25% of the calculated testing time. If any pressure loss or leakage has occurred during the fast 25% of the testing period, then the test shall continue for the entire test duration as outlined in this subparagraph or until failure. b. Execution Add air until the internal air pressure of the sewer line is raised to approximately 4 psig. Allow the air pressure to stabilize. The pressure will normally drop until the temperature of the air in the line stabilizes. When the pressure has stabilized and is at or above the starting test pressure of 3.5 psig, commence the test by allowing the gage pressure to drop to 3.5 psig at which point the time recording is initiated. Record the drop in pressure for the test period. 4. JOINT TEST The joint test may be conducted by an air test or water test. The joint and the pipe segment shall be visually inspected immediately after testing. a. Performance The pipe is to be pressurized to 3.5 psig greater than the pressure exerted by groundwater above the pipe. Once the pressure has stabilized, the minimum time allowable for the pressure to drop from 3.5 psig to 2.5 psig shall be ten seconds. If the groundwater pressure is equal to or greater than 3.5 psig, and the sewer line or joint is not leaking the sewer line or joint is acceptable and no additional testing is required. If one or more joints are leaking, but the total amount of leakage in the sewer line being tested is equal to, or less than, the allowable leakage specified in 250.03-B-1 "Performance", the line is acceptable and no additional testing is required provided visible leaks are repaired. Moisture or beads of water appearing on the surface of the joint will not be considered as visible leakage. ' b. Execution Review proper operation, safety, and maintenance procedures as provided by the manufacturer of the joint test apparatus. Move the joint test apparatus into the sewer line to the joint to be tested and position it over the joint. Make sure the end element sealing tubes straddle both sides of the joint and the hoses are attached For the water test, the bleed-off petcock must be located at top dead center. Inflate end element sealing tubes with air in accordance with equipment and manufacturer's instructions. i) Air Test - Pressurize the void volume with air to 3.5 psig greater than the pressure exerted by groundwater above the pipe. The drop in pressure shall be measured over ten seconds. Five separate measurements shall be made. The average of the measurements shall be used, discarding any one of the five measurements except the last that varies by more than 501/o from the average of the other four. If the results of the tests are otherwise satisfactory, but the last of the five measurements show leakage in excess of that permitted, the tests shall be continued to determine if additional leaks may have developed during testing. spec490 Revised, 490-6 69 / 0.3 S ii) Water Test - Introduce water into void volume until water flows evenly from open petcock. Close the petcock and pressurize with water to 3.5 psig above the pressure exerted by ground water. The drop in pressure shall be measured over ten seconds. Five separate measurements shall be made. The average of the measurements shall be used, discarding any one of the five measurements except the last that varies by more than 50% from the average of the other four. If the results of the tests are otherwise satisfactory, but the last of the five measurements show leakage in excess of that permitted, the tests shall be continued to determine if additional leaks may have developed during testing. Deflection tests shall be performed on all flexible pipes. For pipelines with inside diameters less than 27 inches, a rigid mandrel shall be used to measure deflection. For pipelines with an inside diameter 27 inches and greater, a method approved by the Engineer shall be used to test for vertical deflections. Other methods shall provide a precision of two tenths of one percent (0.2%) deflection. The test shall be conducted after the final backfill has been in place at least 30 days. No pipe shall exceed a deflection of 5.0%. If a pipe should fail to pass the deflection test, the problem shall be corrected and a second test shall be conducted after the fmal backfill has been in place an additional 30 days. The tests shall be performed without mechanical pulling devices. 1 is MANDREL SIZING The rigid mandrel shall have an outside diameter (O.D.) equal to 95% of the inside diameter (I.D.) of the pipe. The inside diameter of the pipe, for the purpose of determining the outside diameter of the mandrel, shall be the average outside diameter minus two minimum wall thicknesses for O.D. controlled pipe and the 1 average inside diameter for I.D. controlled pipe. All dimensions shall be per J appropriate standard. Statistical or other "tolerance packages" shall not be considered in mandrel sizing. 2. MANDREL DESIGN The rigid mandrel shall be constructed of a metallic material that can withstand 200 psi without being deformed. The mandrel shall have nine or more "runners" or "legs" as long as the total number of legs is an odd number. The barrel section of the mandrel shall have a length of at least 75% of the inside diameter of the pipe. A proving ring shall be provided and used for each size mandrel in use. 3. METHOD OPTIONS Adjustable or flexible mandrels are prohibited. A television inspection is not a substitute for the deflection test. A deflectometer may be approved for use on a case-by-case basis. Mandrels with removable legs or runners may be accepted on a 1 case-by-case basis. Mechanical devices will not be used to pull the mandrel. Spec490 490-7 } Revised 01 T.V. Camera Inspection shall be performed on all sewer pipe installed before acceptance. When the Contractor performs the inspection, the City Engineer or his representative shall be notified one working day prior so that he can view the procedure. The tape shall be given to the City Engineer or his representative for review and final records. The lines shall be completely filled with potable water between manholes to fill the service connections and drained prior to T.V. Camera Inspection. Jetting of the lines in conjunction with the T.V. Inspection is prohibited If the line to be televised is discovered to contain foreign material, which prohibits an acceptable T.V. inspection, the line shall be jetted and televised again. Select and use closed circuit television equipment that will produce a color video tape. Produce and use closed circuit television equipment using a panorama tilt, radial viewing, pipe inspection camera that pans plus and minus 75 degrees and rotates 360 degrees. The camera must have an accurate footage counter. Video tapes shall be continuous from pipe segments between manholes. Provide tapes with labels indicating project number, segment number, date televised, date submitted, starting manhole number, ending manhole number, pipe diameter, pipe length and street name. The T.V. inspection shall be used to identify defective construction such as sags, debris, separated joints, etc. The City Engineer shall make all final determinations if the severity of the defect constitutes failure and subsequent removal of the segment in question. Manholes or sewers which fail to meet the testing requirements shall be repaired and retested by the Contractor. All repairs and retesting shall be performed at the expense of the Contractor. Ming of sewer lines (except for T.V. Inspection), manholes and appurtenances shall not be isidered a separate pay item. T.V. Inspection will be paid for as a separate bid item. The ntractor shall supply all water for the tests, all equipment and labor necessary to convey the ter into the sewer, the necessary transportation to transport test plugs and risers from one test to another and such labor and equipment as may be required in installing test plugs, and other idental work in conducting the tests and the cost thereof shall be included in the price for lstructing the sewer, including furnishing the test plugs. Spec490 490-8 Revised 011244 !05 T1 rt, :s SPECIAL PROVISIONS TO THE BRYAN/COLLEGE STATION UNIFIED TECHNICAL SPECIFICATIONS Page I of 4 . / d 59 Q This page was intentionally left blank. Page 2 of 4 101 -59 ~ _,r.. _ w TABLE OF CONTENTS SUMMARY OF ORK - Section 01010 01010- ummary of Work Division 1 - Page 1 01020- easurement and Payment Division 1 - Page 1 COORDINAIT - SECTION 01040 01046- oordination with Existing Utilities Division 1 - Page 2 REFERENCE S ARDS - SECTION 01090 01090 - eference Standards Division 1 - Page 2 PROJECT MEET INGS - SECTION 01200 01220 , reconstruction Conference d Division 1 - Page 2 SUBMITTALS - ECTION 01300 01340- op Drawings, Product Data/Samples Division 1 - Page 3 QUALITY CO OL - SECTION 01400 01410 - esting Laboratory Services Division 1 - Page 5 01440- ontractor's Quality Control Division 1 - Page 6 CONSTRUCTI FACILITIES AND TEMPORARY CONTROLS - SECTION 01500 01510 - porary Utilities Division 1 - Page 6 01530 - arriers and Enclosures Division 1 - Page 6 01540 - fc Controls Division 1 - Page 7 01560 - mporary Erosion/Sediment Controls Division 1 - Page 7 01565 - ey Controls Division 1 - Page 7 01581 - se of Premises . Division 1 - Page 8 MATERIAL EQUIPMENT - SECTION 01600 01620 - orage and Protection Division 1 - Page 8 CONTRACT CL SEOUT - SECTION 01700 01710 lean-up . Division 1 - Page 9 01720 - oject Record Drawings ("As-Built" Drawings) Division 1 - Page 9 01730 - oject Closeout Documents Division 1 - Page 10 I SUMMARY F WORK - Section 01010 01010-S of Wok PART 1 GE RAL 1.01 SUN&L Y A. The . Project" and "Work" of this Contract is titled "TCDP 2003 W. 28'h Street Wastewater Imp vements" and consists of the installation of new sewer main, laterals, and yard connections. B. The 'Work" will consist of, but not necessarily limited to the following: 1. onnection of new sewer main to an existing manhole 2. istallation of 3,279 L.F.' of sewer main 3. 2 L.F. of 14"o dry bore and steel encasement 4. onnection of homes to new sewer main, including yard piping and lateral lines 5. bandoning existing on-site sewage treatment systems. C. Rela work: 1. ocuments affecting work of this Section include, but are not necessarily limited to, General onditions, Supplementary Conditions, and other documents as set forth by the OWNER f END OF SECTION 01010 1 MEASURE NT AND PAYMENT - SECTION 01020 v1 VZ-V - IVA-V J CHIMIL ULM r- inunl PART 1 GEN RAL 1,01 SLTNM Y A. M ~ement and Payment for the Project will be processed in accordance Article 14 of the General BM o tions to the Contract Price or Contract Time shall be accomplished by Change Orders. rders shall be processed in accordance with Article 10 of the General Conditions. 1.02 PA OF INCIDENTAL ITEMS A. rice contracts, the payment for all labor , materials, equipment, supervision, overhead, and d costs to completethe project contemplated by the drawings and/or specifications shall ing to the unit items set forth in the Bid Schedule. Payment for items required, but not in the Bid Schedule as separate pay items, shall be considered as incidental and shall be in the various items provided for in the Bid Schedule. B. sum contracts, the lump sum specified in the Bid Schedule shall include allnecessary labor, materials, equipment, supervision, overhead and associated costs to complete the project coat lated by the drawings and/or these specifications, whether specifically listed on the Bid Sche le, or not. END OF SECTION 01020 Division 1 - Page 1 COORDINA101ON -SECTION 01040 V1VTV - VVVl laLIVU Wllll LunLu VVLUUV,0 PART 1 GE RAL 1.01 SUMMA ~y A. The cation of existing utilities, where shown, are approximate only, There may exist utilities whic are not shown. This CONTRACTOR. shall be responsible for locating and protecting all utilit 's. The existence of utilities not shown shall not be grounds for additional compensation. 1.02 REQUI MENT A. The NTRACTOR shall contact each utility company ahead of performing the work, and request the 'ty to locate its lines. Failure of the utility to locate, or improper location by the utility, shall not r ult in additional cost to the OWNER. 1.03 PROTE ON OF EXISTING UTILITIES A. All R'S utilities damaged by the CONTRACTOR shall be repaired by the CONTRACTOR at hi- i ;expense. Materials used in repair of utilities shall conform to these specifications. The CONTRACTOR shall notify any utility customer in advance of shutting-off such utility service. B. E ' ' water and sewer lines damaged shall be repaired within four (4) hours on the day damaged. O R shall operate his existing water valves in his system. However, he does not guarantee 1000shut-off of existing water lines. C. Whe existing facilities ofthe OWNER or its customers are specifically designated to be connected to t facilities constructed herein, this CONTRACTOR shall do so under the OWNER'S sup ' ion. Ifrequired by the OWNER, these connections will have to be made during the period from 'dniaht to 6:00 a.m. END OF SECTION 01040 REFERENCV STANDARDS - SECTION 01090 v i VYv - n~ici a c aLauumu., PART 1 GENNRAL 1.01 S Y - These contract documents contain references to standard specifications as adopted by the Ame an Waterworks Association (AWWA), the American Society of Testing Material (ASTM), the Am can Association of State Highway and Transportation Officials (AASHTO), the Texas Departt of Transportation (TxDOT), and the American National Standards Institute (ANSI). All such ref noes shall be construed to refer to the designated standard and the latest revision thereof, regardle of the specification date shown herein. END OF SECTION 01090 PROJECT MMETINGS - SECTION 01200 01220 - Preco i truction Conference PART 1 GE 1.01 S Y - To help clarify construction contract administration procedures, a preconstruction Division 1 - Page 2 1 Confere a will be conducted as described in this Section. 1.02 SUBMI ALS A. Ad the ENGINEER at least 24 hour in advance of the meeting of items to be added to the B. The APNTRACTOR shall furnish to the ENGINEER a project schedule at the meeting. The sche le shall show the major items of work to be constructed and the anticipated completions 1.03 PRECO STRUCTION CONFERENCE A. The onference will be held prior to the beginning of any construction. This meeting will be atte by the CONTRACTOR, the OWNER, the ENGINEER, all subcontractors, and any gov ental agencies involved in administration of the project. The meeting date will be esta hed by the ENGINEER after the taking of bids. B. Mini i um Agenda: 1. rganizational arrangement of CONTRACTOR's forces and personnel, and those of bcontractors, materials suppliers, and the ENGINEERS; 2. hannels and procedures for communications 3. onstruction schedule, including sequence of critical work: 4. ontract Documents, including distnbution of required copies of Drawings and revisions; 5. ocessing of Shop Drawings, and other data submitted to the ENGINEER for review; 6. ocessing of field decisions and Change Orders; i END OF SECTION 01200 SUBMITTAILB - SECTION 01300 vl.]-rv - OL taw J rlvuul:l ULU/&3W11 1GJ PART 1 GEARAL 1.01 SUMNI) Y A. Mak submittals required by the Contract Documents, and revise and resubmit as necessary to esta h compliance with the specified requirements, all as described in this Section. B. Rela work: 1 ocuments affecting work of this Section include, but are not necessarily limited to, General nditions, Supplementary Conditions, and Sections in Division l of these Specifications. 2. dividual requirements for submittals also may be described in pertinent Sections of these C. Wor of included: 1. bmittals not requested will not be reviewed by the ENGINEER 2. e CONTRACTOR may require his subcontractors to provide drawings, setting diagrams, d similar information to help coordinate the Work, but such data shall remain between the t NTRACTOR and his subcontractors and will not be reviewed by the ENGINEER unless ecifically called for within the Contract Documents. 1.02 SUBMI ALS A. Mak " ubmittals of Shop Drawings, Samples, substitution requests, and other items in accordance with a provisions of this Section. 1.03 QUALI ASSURANCE Division 1 - Page 3 A. Co ination of submittals: 1. rior to each submittal, carefully review and coordinate all aspects of each item being ubmitted. 2. Verify that each item and the submittal for it conform in all respects with the specified equirements. 3. y afiadng the CONTRACTOR's signature to each submittal, certify that this coordination has en performed. Part 2 - Prod is 2.01 SHOP WINGS 2.02 MANU Z. CTURE' S LITERATURE 2.03 SAMP S 2.04 COLOIR 11 AND PATTERNS A. The. WNER will select the desired colors and patterns.for such items. Part 3 - Exec n 3.01 IDENTI CATION OF SUBMITTALS A. Co utively number allsubmittals. 1 • I en material is resubmitted for any reason,. transmit under a new letter of transmittal and ' th a new transmittal number. 2. n resubmittals, cite the original submittal number for reference B. Ac . any each submittal with a letter of transmittal showing all information required for ident cation and checking. C. On a east the first page of each submittal, and elsewhere as required for positive identification sho , he submittal number in which the item was included. 3.02 GROUP G OF SUBMITTALS A. Unle ` otherwise specified, make submittals in groups containing all associated items to assure that infon r . tion is available for checking each item when it is received. 1. 11 ial submittals maybe rejected as not complying with the provisions of the Contract 2. T . ie CONTRACTOR maybe held liable for delays so occasioned 3.03 TIMING . F SUBMITTALS A. Make ubmittals far enough in advance of scheduled dates for installation to provide time required ' for r ews, for securing necessary _11y, oyals f 'bl , or posse a revisions and resubnuttals, and for plac' orders and securing delivery. B. In sc doling, allow at least ten working days for review by the ENGINEER following the ENG ER's receipt of the submittal. 3.04 REQUI SUBMITTALS A. Refer each section- for required submittals. END OF SECTION 01300 Division I - Page 4 >a : f I . 5-u QUALITY NTROL - SECTION 01400 01410 - Test' Laboratory Services PART 1 GE RAL 1.01 SUMK Y A. This ection describes testing and inspecting to be provided by the OWNER, plus cooperation req ed from the CONTRACTOR with the OWNER's selected testing agency and other res ible for testing and inspecting the Work. B. Re d work: 1. ocuments affecting work of this Section include, but are not necessarily limited to, General onditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 2. equirements for testing may be described in various Sections of these Specifications. 3. ere no testing requirements are described, but the OWNER decides that testing is required, e OWNER may require such testing to be performed under current pertinent standards for 1 sting. Payment for such testing will be made as described in this Section. J C. Wor ' not included: 1. election of testing laboratory/geotechnical engineer: The OWNER will select a prequalified " l dependent testing laboratory/geotechnicalprovider. j 1.02 QUALI ASSURANCE A. The sting laboratory will be qualified to the OWNER's approval. B. Test , when required, will be in accordance with all pertinent codes and regulations, and with set standards of the American Society for Testing and Materials. 1.03 DELIV Y, STORAGE, AND HANDLING A. Co ly with pertinent provisions of Section 01620. 1 B. Pro fly process and distribute required copies of test reports and related instructions to assure _ nece retesting and replacement of materials with the least possible delay in progress of the 1 Wor Part 2 - Produilts 2.01 PAYME FOR TESTING A. Init' services of testing laboratory will be paid for by OWNER B. Retesting: When initial tests indicate non-compliance with the Contract Documents, subsequent rete g occasioned by the non-compliance shall be performed by the same testing agency, and cost thereof will be deducted by the OWNER from the Contract Sum. 2.02 CONT`CTOR's CONVENIENCE TESTING A. Insp ting and testing performed exclusively for the CONTRACTORS convenience shall be the sole tsponsibility of the CONTRACTOR Part 3 - Exec on 3.01 COOPE TION WITH TESTING LABORATORY A. Rep entatives of the testing laboratory shall have access to the Work at all times and at all loca ms where the Work is in progress. Provide facilities for such access to enable the laboratory to p " orm its functions properly. 3.02 TAKIN SPECIMENS A. All s cimens and samples for testing, unless otherwise provided in the Contract Documents, shall be t n by the testing personnel. All sampling equipment and personnel will be provided by the Division 1 - Page 5 test' laboratory. All deliveries of specimens and samples to the testing laboratory will be perf by the testing laboratory. 3.03 SCHED E FOR TESTING A. Esta ping schedule: 1. advance discussion with the testing laboratory selected by the OWNER, determine the time aired for the laboratory to perform its test and to issue each of its findings. 2. ovide all required time within. the construction schedule. B. Revi-11 schedule: When changes of the construction schedule are necessary during construction, COOP a all such changes with the testing laboratory as required C.- Adh nce to schedule: When the testing laboratory is ready to test according to the established sch e, but is prevented from testing or taking.specimens due to incompleteness of the Work, all extra harges for testing attributable to the delay may be back-charged to the CONTRACTOR and shall t be borne by the OWNER 01440 - Contr. tor's uali Control PART 1 GE 1.01 SU Y A. All 'pment, materials, and articles incorporated into the work shall be new, and of a quality eq , or better than, specified herein. If not specified herein, the quality shall be satisfactory to the E GINEER. All workmanship shall be of acceptable quality as determined by the ENGINEER, and t OWNER may require the CONTRACTOR to dismiss from the work any employee or empl tees the OWNER may deem incompetent, unqualified, unreliable, careless, or insubordinate. END OF SECTION 01400 CONSTRUC~'ION FACILITIES AND TEMPORARY CONTROLS - SECTION 01500 V 1✓ 1 v- 1 1F111 ZU v lilnlub PART 1 GENAkAL 1.01 SUNIMA Y - The CONTRACTOR shall provide temporary utilities as required to complete the . Project. 1.02 REQUI D TEMPORARY UTILITIES A. Sanit Facilities 1. JFcessary sanitation conveniences for the use of laborers on the work shall be furnished and *intained by the. CONTRACTOR, in acceptable locations properly secluded from the public, a4d their use shall be enforced. 1 _,J V - "arum gums r-nclosures PART 1 GENAAL 1.01 SUMMA, Y A. TheNTRACTOR shall furnish, erect, and maintain adequate warning devices and lighting to prote the public from all construction hazards arising from the building of this project. The CON CTOR shall be totally responsible and solely liable for their adequacy and for any claims or ac , ents resulting from failure to provide and properly maintain the warning devices and light; vAd Division 1 - Page 6 i 1.02 RELA p ITEMS A. Di ' n 1 - Section 01060 - Regulatory Requirements y1J`ty - 11Q.111' %-V11LFu1J PART 1 GE RAL 1.01 SUMM) ' Y A. the NTRACTOR shall prepare a traffic control plan (TCP) for this project. The TCP shall be appr ed by the TxDOT and/or OWNER before any construction begins on this Project. 1.02 SUBMIT ALS A. The NTRACTOR shall submit four (4) copies of the proposed TCP to the ENGINEER for appr ; al prior to construction. 01560 Temn4arv Erosion/Sediment Controls PART 1 GE 1.01 S Y A. The ONTRACTOR. shall be responsible for the transportation of sediment from the job site. Eros n and sediment control devices shall be place at strategic locations to eliminate the trans rtation of sediment from the job site. 1.02 MAIN ANCE AND REMOVAL A- The , ONTRACTOR shall maintain these controls during the construction until all areas are y1JVJ - P3U1VG W11L1M5 PART I GE t, ZAL 1.01 SUMMA, Y A. The NTRACTOR shall furnish control hubs for elevations for the proper prosecution of the work:' erformed under this contract. The CONTRACTOR shall be held responsible for the proper pres ation of all bench marks and stakes. If, in the opinion of the ENGINEER, any marks or stakes have been destroyed or carelessly disturbed by the CONTRACTOR or his employees, the cost replacing them may be charged against the CONTRACTOR, to be deducted from any mon(li due him under this contract. B. The NTRACTOR shall be responsible for the construction staking of the work in accordance with a plans and shall fiunish all labor, materials, equipment and services required for the proper stald of the work. C. The ONTRACTOR shall install and maintain sufficient batter boards to assure the proper perf ce of the contract and the construction of all items to the required lines and grades; for this p' se the CONTRACTOR shall maintain capable personnel on the job at all times. If, in the op' of the ENGINEER, the CONTRACTOR is not maintaining sufficient batter boards and inte to line and grade stakes for proper prosecution of the work, the ENGINEER shall have the a hority to stop the construction until such time as the CONTRACTOR provides these items. D. The NTRACTOR must satisfy himself before commencing work as to the correctness and mean i g ofall stakes, measurements, and marks. No claim will be entertained on account of alleged inacc acies unless the CONTRACTOR notifies the ENGINEER in writing in time for the ENG ER to verify or.check such stakes and marks before the work is commenced. Division 1-- Page 7 T, vi~oi - vsc v icuusc~ PART 1 GE 1.01 SUMMA, Y A. This ction covers the use of the premises by the CONTRACTOR and clean-up required by the CON " RACTOR during the project. 1.02 REQUI MENTS A. Use Premises: 1. very precaution against injuries to persons or damage to property. 2. rubbish and other foreign substances shall be removed from the project site and tisfac1 orily disposed of. 3. 11 job sites including streets, easements, rights-of-way, roads, and areas used by the NTRACTOR shall be left in a clean, neat condition satisfactory to their owner. The WNER'S representative may also require clean-up of the job site or easements and rights-of- ay periodically during the progress of the work. 4. ' g of brush on the work sites will not be permitted without the landowner's permission, d then only in strict compliance with local; state and federal laws. Any surplus excavated not designated for reuse shall be disposed of at approved locations secured by the NTRACTOR at his expense, and rough leveled to the landowner's satisfaction.. 5. ore his apparatus, materials, supplies and equipment in such orderly fashion at the site of the rk as will duly interfere with the progress of his work or the work of any other contractors. 6. ace upon the work or any part thereof only such loads as are consistent with the safety of at portion of the work. B. Clem p: 1. can up frequently all refuse, rubbish, scrap materials, and debris caused by his operations; the end that at all times the site of the work shall present a neat, orderly, and workmanlike pearance. 2. cutting, fitting or patching of his work required to make the same to conform to the plans d specifications and, except with the consent of the Owner's Representative, not to cut or 6 1 herwise alter the work of any other Contractor. END OF SECTION 01500 MATERIAL EQUIPMENT - SECTION 01600 01620 - Stor and Protection PART 1 GEN 1.01SUMMA RY A. Prot products scheduled for use in the Work by means including, but not necessarily limited to, those escribed in this Section. B. Relat ' work: 1. cuments affecting work of this Section include, but are not necessarily limited to, General nditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 2. ditional procedures also may be prescribed in other Sections of these Specifications. 1.02 MANUF CTURER' S RECOMMENDATIONS A. Exce as otherwise approved by the ENGINEER, determine and comply with manufacturers' Division 1 - Page 8 1.03 P~ A. _i 1. 2. B. The on product handling, storage, and protection. 4G products to the job site in their manufacturer's original container, with labels intact and intain packaged materials with seals unbroken and labels intact until time of use. raptly remove damaged material and unsuitable items from the job site, and promptly lace with material meeting the specified requirements, at no additional cost to the OWNER. IGINEER may reject as non-complying such material and products that do not bear ation satisfactory to the ENGINEER as to manufacturer, grade, quality, and other pertinent 1.04 REPAI AND REPLACEMENTS A. In e t of damage, promptly make replacements and repairs to the approval of the ENGINEER and no additional cost to the OWNER. B. Add' na1 time required to secure replacements and to make repairs will not be considered by the EN ER to justify an extension in the Contract Time of Completion.\ END OF SECTION 01600 - SECTION 01700 V 1 / 1 V - V1GMr PART 1 GE 1.01 SUNMV Y A. At t conclusion of the Work, and prior to final payment, all tools, temporary structures, and mate belonging to the CONTRACTOR shall be promptly removed. 1.02 REOUI MENTS A. All bish and other foreign substances shall be removed from the project site and satisfactorily disp d of. B. All j sites including streets, easements, rights-of-way, roads, and areas used by the CO RACTOR shall be left in a clean, neat condition satisfactory to their owner. The OWNER'S repr ntative may also require clean-up of the job site or easements and rights-of-way periodically d i the progress of the work. C. Burn i g of brush on the work sites will not be permitted without the landowner's permission, and then y in strict compliance with local, state and federal laws. Any surplus excavated earth not des' ted for reuse shall be disposed of at approved locations secured by the CONTRACTOR at his a nse, and rough leveled to the landowner's satisfaction. 01720 - ProiecW Record Drawings ("As-Built" Drawings PART 1 GEN 1.01 S Y A. D progress of the job, the CONTRACTOR shall mark up a set of the drawings, including dime ions, to indicate any deviations from the contract drawings. 1.02 SUBMI AL A. Pno o submitting request for final payment, submit the final Project Record Drawings to the ENG , ER for review and approval. The Drawings will be reviewed for sufficiency of Division 1 - Page 9 info 01730 - Proie tion, clarity, and readability. Closeout Documents PART 1 GE RAL 1.01 SUNM Y - Specific closeout documents are required before final payment can be made to the CUNT CTOR. 1.02 RELAT ITEMS A. Arti 14, Sections 14.04 and 14.07 of the General Conditions. 1.03 REQUI MENTS A. The rtificate of Substantial Completion must be fully executed before the final application for pa t is made by the CONTRACTOR B. The davit of Payment and Release of Liens shall be submitted to the ENGINEER. The final appli tion for payment will not be approved until the Affidavit has received by the ENGINEER END OF SECTION 01700 Division 1 - Page 10 BRYAN/COLLEGE STATION UNIFIED TECHNICAL SPECIFICATIONS ~t SPECIFICATION NO. 110 PIPE BORING. JACKING. TUNNELING AND ENCASEMENT Ig e work to be performed under this Specification shall consist of furnishing and installing all terials and equipment and performing all labor required to install pipelines crossing under hways, railroads, and streets by boring, jacking, and tunneling, as specified herein. All sewer res will be accomplished by dry mechanical bore unless otherwise approved by the gineer. Water line bores may utilize the wet boring technique. All carrier pipes within the casement conduit shall be restrained joint pipe of the type specified on the plans, or approved the Engineer. the work per this item falls within a TxDOT or Railroad right of way, the stricter of the tble standards apply. This requirement includes all insurance, notification, permitting, e, etc. required by the right of way owner. eel Pipe, Ductile Iron Pipe, Reinforced Concrete Pipe, and PVC Pipe may be used as casement material, unless otherwise shown on the plans. The nominal inside diameter of the casement pipe shall be as indicated below, unless otherwise shown on the plans. Steel Pipe Encasement pipe shall conform to ASTM Specification A134, Mild Carbon Steel, A139, Grade A, or AWWA C200-9.1 Grade B, butt-welded joints with entire circumference welded by a certified welder shall be in accordance with AWWA C200-86 Section 3. All steel casing shall have a wall thickness as shown in the table below: Carrier Pipe Nominal Diameter Casing Pipe Nominal Diameter Casing Pipe Minimum Thickness 6" 14" 3/8" 8" 16„ 3/8" 12" 20" 3/8" 15„ 24" 3/8„ 18 26" 3/8" 24" 32" 1/2" 1. Casing Pipe Thickness for Railroad crossings shall be a minimum of 1/2-inch thick regardless of diameter. Ductile-Iron Pipe Encasement pipe shall conform to the current AWWA C150 and C151 standards. Pipe shall be thickness Class 250 or greater, unless otherwise shown on the plans. Reinforced Concrete Pipe Encasement pipe shall conform to the current ANSI C-76 standards. Pipe shall be Class III or IV, unless otherwise shown on the plans. spent 10 110-1 Revised OlAdO4 59 1)V PVC Pipe Encasement pipe shall conform to the current ASTM D2241 or AWWA 0905 standards. Pipe shall be DR 26 or SDR 26, unless otherwise shown on the plans. PVC pipe shall be used only when specified on the plans. Grout Grout shall be in accordance with Specification 152.. Casing Spacers Stainless Steel casing.spacers shall be required in all casing pipes. The casing spacers shall be affixed to the carrier pipe at a spacing of 6'8" or per the manufacturers recommendations if less than 6'8" End Seals End seals shall be 1/8" thick synthetic rubber secured with stainless steel banding straps. Other end seals shall be constructed only as approved by the engineering inspector. Submit manufacturer's product data on encasement pipe Submit manufacturer's "Certificate of Compliance" to this part of the specifications for materials furnished for the project. The . Contractor or subcontractor performing the work described under this section shall demonstrate technical skill and experience in previous work of this nature. Work experience shall be submitted to the Engineer. Casing spacer data sheets demonstrating compliance with this specification. Encasement pipe shall be required for all water mains crossing major collector and arterial street crossings and all water mains 12" and greater crossing any roadway. Encasement pipe for sewer mains shall be placed as required by the City Engineer. The casing pipe shall extend two feet (2') beyond the back of curb. Encasement pipes may be installed by open cut with the approval of the engineer. Unless more stringent requirements regarding location of bore and tunnel pits are noted on the plans, or are required by TXDOT, Railroad, County, or City, to conform to the requirements that follow: 1. The Conduit to be installed by boring, jacking and tunneling shall extend to distances as. shown in the Standard Details. Sped 10 110-2 Revised 01/2 ~ f, r y I ;U( i 2. If necessary to prevent cave-ins, sheet, shore, or brace the pit in accordance with OSHA regulations. All pits shall be covered with 1/2" thick steel plates. Steel plates shall be on-site prior to excavating the pit. 3. General: Unless otherwise noted, extend auger hole 10 feet beyond edge of pavement, railroad tie, or other structure. The hole is to be bored mechanically, using a pilot hole. An approximate 2-inch hole shall be bored the entire length of the crossing and shall be checked for line and grade on the opposite end of the bore from the work pit. This pilot hole shall serve as the centerline of the larger diameter hole to be bored. The use of water or other fluids in connection with the boring operation will be permitted only to the extent to lubricate cuttings, jetting will not be permitted. In unconsolidated soil formations, a gel-forming colloidal drilling fluid consisting of at least 10 percent. of high-grade carefully processed bentonite may be used to consolidate cuttings of the bit, seal the walls of the hole, and furnish lubrication for subsequent removal of cuttings and installation of the pipe immediately thereafter. Overcutting in excess of one inch shall be remedied by pressure grouting the entire length of the installation. 1. All sewer bores will be accomplished by dry mechanical bore unless otherwise approved by the Engineer. 2. Only workmen experienced in boring operations shall perform the work. 3. The use of water or other fluids in connection with the boring operation will NOT be ~j permitted. 4. The casing pipe shall be placed in the bore hole simultaneously while boring is being performed. Installing the encasement conduit immediately by pulling it in place from opposite the boring machine or by jacking the conduit through the bore is not acceptable. Take proper care to secure the joints of the conduit as subsequent sections are installed by welding joints. Provide a steel rail or timber cradle in the pit to support and guide the conduit in its installation. 5. If after completion of the installation of the conduit, there is more than one inch (1 clearance between the outside of the barrel of the conduit and the wall of the bore, grouting of these voids will be required. If during construction of the bore, a cave-in occurs within the bore, grouting of the voids between the conduit and the walls of the bore will be required throughout the length of the bore. 6. Conform to the requirements of the Texas Department of Transportation, Railroad Company, County, or City having jurisdiction over the right-of-way involved, as to details of construction methods and time of construction. All work necessary to meet the requirements of the Texas Department of Transportation, Railroad Company, county, or City will be considered incidental to the installation of the pipeline in the right-of-way. The Contractor shall abide by the more stringent of these specifications, or the specifications of the regulatory agencies. specs 10 110-3 Revised 01/2 ~g iaa 1. All sewer bores will be accomplished by dry mechanical bore unless otherwise approved by the Engineer.. (see above) 2. Only workmen experienced in boring operations shall perform the work. A pilot hole must be successfully completed to the satisfaction of the engineer prior back reaming the bore. 3. The use of water or other fluids in connection .with the boring operation will be permitted only to lubricate cuttings. Jetting will not be permitted. In consolidated soil formations, a gel-forming colloidal drilling fluid consisting of at least ten (10°/a) percent of high-grade bentonite may be used to consolidate cuttings of the bit, seal the walls of the hole, and lubricate removal of cuttings and installation of the pipe immediately thereafter. 4. While boring is being performed, install the encasement conduit immediately by pulling it in place from opposite the boring machine or by jacking the conduit through the bore. Encasement conduit maybe placed after the boring operation is complete, if permission is obtained from TXDOT, the railroad company, the City, or the County. Take proper care to secure the joints of the conduit as subsequent sections are installed, by use of cables or welding joints. Provide a steel rail or timber cradle in the pit to support and guide the conduit in its installation. 5. If after completion of the installation of the conduit, there is more than one inch (1") clearance between the outside of the barrel of the conduit and the wall of the bore, grouting of these voids will be required. If during construction of the bore, a cave-in occurs within the bore, grouting of the voids between the conduit and the walls of the bore will be required throughout the length of the bore. 6. Grouting material and equipment shall be on the jobsite before beginning installation of the conduit, in order that the grouting around the encasement conduit is to be started immediately after pipe is in place. 7. Conform to the requirements of the Texas Department of Transportation, Railroad Company, County, or City having jurisdiction over the right-of-way involved, as to details of construction methods and time of construction. All work necessary to meet the requirements of the Texas Department of Transportation, Railroad Company, County, or City will be considered incidental to the installation of the pipeline in the right-of-way. The Contractor shall abide by the more stringent of these specifications, or the specifications of the regulatory agencies. 1. Unless otherwise specified, the methods and equipment used in jacking conduit shall be the Contractor's option, provided that the proposed method is approved by the Engineer. Such approval, however, shall in no way relieve the Contractor of the responsibility for making a satisfactory installation meeting the criteria set forth herein. 2. If, after completion of the installation of the conduit, there is more than one (I") inch clearance between the outside of the barrel of the conduit and the wall of the tunnel, the Contractor shall completely grout the conduit in place throughout its entire spec110 110-4 Revised 01/2 7 length. If, during the jacking operation, a cave-in occurs, the Contractor shall grout the entire conduit in place throughout its entire length. 1. Excavate the tunnel in such a manner and to such dimensions that will permit placing of the proper supports in accordance with OSHA Remdations necessary to protect the excavation. Make adequate provisions for the safety and health of the workmen. Use only air or electric powered equipment in the tunnel. Provide adequate illumination and ventilation. 2. Excavate only enough earth to allow installation of the tunnel liner plate. Remove earth from within tunnel and install the next section of tunnel liner plates. 3. After completion of the tunnel, or at intervals directed by the Engineer, grout the entire void between the tunnel lining. If after completion of the tunnel there are sags in invert of the liner that exceed 0.2 feet of a straight line projected through the tunnel, grout the invert to eliminate the sags. Where pipe using bell and spigot joints is installed as encasement pipe, completely grout the voids between the outside of the encasement pipe and the inner wall of the bore or tunnel throughout the length of the pipe. If directed by the City Engineer, the joints shall be welded to prevent the joints from slipping with respect to each other. After completion of the bore or tunnel and installation of the carrier pipe with the bore or tunnel, remove all loose earth and debris from the pit down to undisturbed earth. Pour a continuous 2,000 psi concrete or cement stabilized sand support under the carrier pipe from the edge of the bore or tunnel to the first joint in the trench past the end of the pit. The concrete support shall be brought up to the horizontal centerline of the pipe. Carrier pipe may be pushed or pulled through the completed encasement pipe. Casing spacers by Cascade Waterworks or approved equivalent should be placed on the carrier pipe to insure approximate centering within the encasement pipe and to prevent damage during installation. Care must be exercised in order to avoid metal-to-metal contact. The ends of the encasement pipe will be sealed with rubber seals and stainless steel bands. In order to avoid the transfer of earth and live loads to the carrier pipe, the space between the carrier pipe and encasement pipes shall not be filled completely. All carrier pipe installed within a casing shall be restrained. The restrained section shall extend at least five feet (5') beyond both ends of the casing pipe. Lock joint pipe, retainer glands, or restrainer gaskets may be used for this application. When ductile iron pipe is used for the carrier pipe, all ductile iron pipe shall be poly- wrapped per the specifications. Spec110 Revised 1 110-5 q 5~ 1 04 Spoil locations shall be approved by the engineering inspector. When no suitable location for spoil can be found on site, the contractor shall be required to haul and dispose of this material at no extra cost. Where spoils are to be. placed on parking areas (asphalt or concrete), sidewalks, or other paved surfaces, the spoils shall be placed on a barrier to prevent the soil from embedding into the paved surface. speci10 Revised Allowable Tolerances Where grades or elevations are shown on the plans for the pipeline to be installed by boring, jacking, and tunneling operations, maximum deviation of plan elevation shall be 0.2 foot. The maximum deviation of alignment over the length of the bore shall be 0.2 foot. The Engineer shall determine the corrective action to be taken for tolerances above those stated in this specification. Measurement 1, Openings provided by boring, jacking, and tunneling (including carrier pipe) will be measured by the linear foot along the centerline of the opening, as. measured from end of pipe to end of pipe placed by boring, jacking and tunneling. There will not be any classification for payment according to depth. 2. Concrete support slab in the pits and all other work necessary to meet the requirements of the Texas Department of Transportation, railroad company, County, and City will not be measured. I Openings provided by boring, jacking and tunneling will be paid for at the unit price bid per linear foot. The unit price bid for boring jacking and tunneling shall be full compensation for famishing and placing all materials, labor, tools, carrier pipe, carrier pipe restraint, casing spacers, equipment, pits, concrete support slabs and incidentals necessary to complete the work 110.6 SPECIFICATION NO. 130 EXCAVATING TRENCHING, AND BACKFILLING All ex, safety will meet the most current OSHA Regulations. See Specification No. 131 for trench work to be performed under this Specification shall consist of furnishing all labor, equipment materials and performing all operations in connection with the excavating, trenching, and filling for pipelines as shown on the plans and as specified herein. Materials for pipe embedment will meet TCEQ Regulations for depth of bury and class of pipe and City of Bryan Embedment Details as shown on the Plans. Concrete (For encasement or blocking) See Specification No. 150. Material shall conform to ASTM C94. The compressive strength of the concrete shall be at least 2,000 psi and shall contain at least four (4) sacks of cement per cubic yard. Cement stabilized sand. See Specification No. 135. Provide sufficient pumping equipment, in good working order, available at all times to remove any water that accumulates in excavations. When the excavation crosses a drainage pathway, the contractor shall provide for means- of alternate drainage. The discharge of dewatering equipment shall not cause damage to private or public property. See Specification No. 131. In caving ground, or in wet, saturated, or flowing materials, the contractor shall sheet, shore, or brace the sides of the trench so as to maintain the excavation properly in place. When excavations are made adjacent to existing building or other structures or in paved streets, particular care must be taken to adequately sheet; shore, and brace the sides of the excavation to prevent undermining of, or settlement beneath, the structures or pavement. Underpinning of adjacent structures or pavement shall be done by the Contractor at his own cost and expense, in a manner satisfactory to the Engineer and when required by the Engineer. The pavement shall be removed, the void satisfactorily refilled and compacted, and the pavement replaced by the Contractor. The entire expense of such removal and subsequent replacement thereof shall be borne by the Contractor. Sheeting, shoring, and bracing shall not be left in place, unless otherwise provided for in the contract or authorized by the Engineer. The removal of sheeting, shoring and bracing shall be done in such a manner as not to endanger or damage either new or existing structure, private or public properties, and so as to avoid cave-ins or sliding of the banks. All holes or voids Spec 130 130-1 Revised Ol left by the removal of the sheeting, shoring, or bracing shall be immediately and completely filled and compacted with suitable materials. 1. Guarantee the backfilling of excavation and trenches against settlement for a period of one (1) year after the final completion of the contract under which the work is performed. 2. Make all repairs or replacements made necessary by settlement, including refilling, compacting, and. reseeding or resodding the upper portion of the ditch and repairing broken or settled pavements, driveways, and.sidewalks within five (5) days after notice from the Engineer. 1. Site Preparation Prepare the construction site for construction operations by removing and disposing of all obstructions and objectionable materials in accordance with contract documents. 2. Alignment, Grade and Minimum Cover a. General The water and sewer mains shall be laid and maintained` to dines and grades established by the plans and specifications with fittings, valves, hydrants, manholes and clean-outs at the required locations, unless otherwise approved by the Engineer. Valve-operating stems shall be oriented in a manner to allow proper operation. Hydrants shall be installed plumb. b. Cut sheets shall be provided to the City's Inspector.. The contractor shall determine the alignment and grade or elevation of the pipeline from offset stakes. The contractor shall also provide a continuous chalk line along the alignment of the trench for use by the operator of the excavating equipment. The contractor shall provide a laser beam and grade pole to assist in grading the ditch to the proper elevation. c. Should the ditch be graded below the required elevation, bring subgrade to the required elevation with cement stabilized sand or rounded pea gravel. The use of excavating materials for this application will not be allowed. d. Where pipe grades or elevations are not definitely fixed by contract drawings, trenches shall be excavated to a depth sufficient to provide a minimum depth of backfill cover over the pipe. Greater pipe cover depths may be necessary for clearance beneath existing pipes, conduits, drains, drainage structures, or other obstructions encountered at normal pipe grades. Measurement of pipe cover depth shall be made vertically from the outside top of pipe to finished ground or pavement surface elevations. p 3. Prior Investigation Prior to excavation, investigation shall be made to the extent necessary to determine the location of existing underground structures and conflicts. Care should be exercised by the Contractor during excavation avoid damage to existing structures. Spec 130 130-2 Revised 0 11244 5g a-7 T.1_ I I i Spec 130 Revised 4. Unforeseen Obstructions When obstructions that are not shown on the plans are encountered during the progress of work and interfere so that an alteration of the plans is required, the Engineer will alter the plans or order a deviation in line and grade or arrange for removal, relocation or reconstruction of the obstructions. 5. Clearance When crossing existing pipelines or other structures, alignment and grade shall be adjusted as necessary, with the approval of the Engineer, to provide clearance as required by federal, state or local regulations or as deemed necessary by the Engineer to prevent future damage or contamination of either structure. All excavation shall meet the most current OSHA regulations. 1. Classification Excavation of trenches for pipelines is unclassified. Soils will be classified utilizing OSHA Standards and Regulations. The Contractor shall assume that the site contains the worse type of soils and make provisions for shoring the work area. 2. Trench Excavation a. General The trench shall be excavated to the required alignment, depth and width and in conformance with all federal, state and local regulations for the protection of the workmen. b. Trench Preparation i) Trench preparation shall proceed in advance of pipe installation for only as far as pipe will be laid that day. ii) The contractor shall keep the trench dry from both storm water and seepage from the sides of the trench. Discharge from any trench dewatering pumps shall be conducted to natural drainage channels, storm sewers or an approved reservoir. Do not discharge into any municipal sewer system without municipal approval. The contractor shall be responsible for cleaning any storm drain system, which was used for dewatering discharge. iii) Excavated material shall be placed in a manner that will not obstruct the work nor endanger the workmen, obstruct sidewalks, driveways, or other structures and shall be done in compliance with federal, state, or local regulations. 3. Pavement Removal Removal of pavement and road surfaces shall be a part of the trench excavation, and the amount removed shall depend upon the width of trench required for installation of the pipe and the dimensions of area required for the installation of valves, hydrants, specials, manholes or other structures. The dimensions of pavement removed shall not exceed the dimensions of the opening required for installation of pipe, valves, hydrants, specials, manholes and other structures by more than twelve (12") inches in any direction, unless otherwise required or approved by the Engineer. 130-3 8 _ l ow 4. Width Spec130 Revised See City Standard Trench Detail. 5. Bell Holes Holes for the bells shall be provided at each joint, but shall be no larger than necessary for joint assembly and assurance that the pipe barrel will lie flat on the trench bottom. Other than noted previously, the trench bottom shall be true and even in order to provide support for the full length of the pipe barrel, except that a slight depression may be provided to allow withdrawal of pipe slings or other lifting tackle. 6. Subgrade in Earth a. Where a firm and stable foundation for the pipe can be obtained in the natural soil, and where special embedment is not shown on the plans, or specked herein, carefully and accurately trim the bottom of the trench to fit the lower portion of the pipe barrel. The bottom of the trench shall be firm, stable and free of standing water. b. If water is allowed to collect in an originally dry trench after a reasonable time has passed tq complete the embedment of the pipe, as determined by the Engineer, the contractor shall place a minimum of four (4') inches of clean rounded pea gravel in the ditch and pump out all accumulated water before placing the pipe. No deleterious materials will be allowed in the gravel. No extra compensation will be allowed for this work. c. Where wet, soft, or spongy material is encountered in the excavation at subgrade level, the contractor shall remove such material at the direction of the Engineer and replace it with crushed stone of sufficient quantity such that when fully compacted, the subgrade is firm and stable. 7. Subgrade in Rock a. When excavation of rock is encountered, all rock shall be removed to provide a clearance of at least six (6") inches below and on each side of all pipe, valves and fittings for pipe sizes twenty-four (24') inches or smaller, and nine (9") inches for pipe sizes thirty (30") inches and larger. When excavation is completed, the proper embedment material shall be placed on the bottom of the trench to the previously mentioned depths, leveled and tamped 1 b. These clearances and bedding procedures shall also be observed for pieces of I concrete or masonry and other debris or subterranean structures, such as masonry walls, piers or foundations that may be encountered during excavation. 1 c. The installation procedures specified in this section shall be followed when 1 gravel formations containing loose boulders greater than eight (8") inches in diameter are encountered d. In all cases, the specified clearances shall be maintained between the bottom of all pipe and appurtenances and any part, projection or point of rock, boulder or stones of sufficient size and placement, which, in the opinion of the Engineer, could cause a fulcrum point. 130-4 5V h .rc e, ~Y`~ .T,,,,_ _ I The Contractor shall place 2,000 psi concrete encasement under and around pipe as shown on the embedment detail, and provide necessary anchors to prevent the pipe from floating out of place. The contractor shall remove and relay any pipes that are floated out of proper position 1. General a. The Contractor shall not begin backfilling until approval has been obtained from the Inspector. Backfilling includes refilling and consolidation of the fill in trenches and excavations up to the natural ground surface or road grade. b. Backfill shall be accomplished in accordance with the specified laying condition as shown on the plans. 2. Backfill Material a. All backfill material shall meet latest edition of ASTM D2321 unless otherwise specified by the Engineer. b. If excavated material is indicated on the drawings or specified for backfill, and there is a deficiency due to a rejection of part thereof, the contractor shall provide the required amount of sand, gravel or other approved material. 3. Do not leave trenches open overnight without backfilling to the natural ground level. Steel plates (1/2" in thickness) may be used to cover open trenches only with the approval of the Engineer. 4. Compaction Compaction requirements are as specified on the plans. action tests for all backfill may be required for every 200 linear feet of trench and for each -inches (12") vertically. Density tests, shall be measured as one unit for each test. The shall pay for Geotechnical tests ordered that meet the requirements of the plans and cations. Failed tests shall be charged to the Contractor. Refer to City Standard Trench for compaction effort requirements. 1 trench excavation, backfill and compaction are not considered pay items. Payment for these ms shall be included in the unit price laid in the Proposal for each size of pipe at their spective depths. This unit price shall be full remuneration for performing the trench and backfill mplete including grading, bell holes, sheeting, dewatering, tamping, and water soaking; and eluding the furnishing of sewer pipe, all equipment, labor, materials, power, teams, tools, and portation necessary or incidental thereto; but not including tunneling, or boring, all of which ill be paid for extra. SpecUO Revised 0 130-5 5 13o ' i SPECIFICATION NO. 131 TRENCH SAFETY e work specified under this section requires the Contractor to provide for the safety of the rlanen in strict compliance with 29 CFR Part 1926 1993 (Revised as of July 1, 1996 of latest ition or Revision to) Excavations and Applicable Subparts. The submission of a "TRENCH ETY PLAN" which shall fully satisfy the requirements of this specification is required prior a notice to proceed to start the project. Materials 1. Timber Trench sheeting materials shall be full size, a minimum of 2 inches in thickness, solid and 1 sound, free from weakening defects such as loose knots and splits. j 2. Sheet Piling 1 Steel sheet piling shall conform to one or more of ASTM A328/328M, ASTM j A572/A572M/ ASTM A690/A690M material requirements. 3. Structural Steel Steel for stringers (wales) and cross braces shall conform to ASTM A588. 1 4. Trench Boxes } Steel trench Boxes to be constructed of steel conforming to ASTM A36/A36M. Connecting bolts used to conform to ASTM A30:7. Welds shall conform to the requirements of AW S D 1.1. 5. Miscellaneous Miscellaneous materials to be utilized shall conform to applicable ASTM standards. 1 Referenced Specifications The. publications listed below form a part of this Specification to the extent referenced. The publications are,referred to in the text by basic designation only. American Society of Testing and Materials (ASTM) 1 TM A36/A36M 1997 Standard Specification for Carbon Structural Steel 1 TM A307 1997 Revision A-Standard Specification for Carbon Steel Bolts and Studs, 60,000 psi Tensile length TM A328/A328M 1996 (REV) Standard Specification for Steel Sheet Piling f TM A572/A572M 1997 Standard Specification for High-Strength Low-Alloy Columbium- Vanadium Steels of Structural Quality Sp=131 131-1 Revised 04104 A588/A588M 1997 Standard Specification for High-Strength Low-Alloy Structural Steel With 50 ksi (345 MPa) Minimum Yield Point to 4 inch (100 mm) thick TM A690/A690M 1994 Standard Specification for High-Strength Low-Alloy Steel H-Pipes and Sheet Piling for Use in Marine Environments American Welding Society, Inc. (AWS) D1.1 1998 Structural Welding Code-Steel OCCUPATION SAFETY AND HEALTH ADMINISTRATION (OSHA) CFR Part 1926 1993 (Revised as of July 1, 1996 of latest Edition or Revision to) Excavations and Applicable Subparts Certificates Submit manufacturer's "Certificate of Compliance," stating that the devices (trench boxes, speed shoring, etc.) to be used for trench safety comply with the requirements of this specification. The certificate should show the design assumptions and limitations of the device and should be sealed by an engineer registered and licensed to practice in the state of Texas. Trench Safety Plan Submit a detailed TRENCH SAFE'T'Y PLAN for all work areas. Calculations shall be provided for any areas beyond the capacity of the trench box or speed shoring and sealed by an engineer registered and licensed to practice in the state of Texas. This plan shall include evacuation routes for personnel. General: The trench safety system shall be constructed, installed and maintained in accordance with the Trench Safety Plan as outlined in 131.03. Bed and backfill pipe to a point at least one (1) foot above top of pipe or other embedded items prior to removal of any portion of trench safety system. Bedding and backfill shall be in accordance to other applicable Specification Sections. Backfilling and removal of trench supports shall be in accordance with Contractor's Trench Safety Plan. Removal of trench safety system to be accomplished in such a manner to cause no damage to pipe or other embedded items. Remove no braces or trench supports until all personnel have evacuated the trench. The trench shall be backfilled to within 5 feet of natural ground prior to removal of entire trench safety system. Supervision: Provide competent supervisory personnel at each trench while work is in progress to ensure Contractor's methods, procedures, equipment and materials pertaining to the safety systems in this Section are sufficient to meet requirements of OSHA Standards. Spec 131 131-2 Revised Ol fi Inspection: The CONTRACTOR shall make daily inspection of trench safety system to ensure that the system meets OSHA requirements. Daily inspection shall be made by competent personnel. If evidence of possible cave-ins or slides is apparent, all work in the trench is to cease until necessary precautions have been taken to safeguard personnel entering trench. The CONTRACTOR shall maintain permanent record of daily inspections. Timber Sheeting Timber sheeting and size of uprights, stringers (wales,) and cross bracing to be installed in accordance with the TRENCH SAFETY PLAN. Place cross braces in true horizontal position, spaced vertically, and secure to prevent sliding, falling or kick outs. Cross braces to be placed at each end of stringers (wales) in addition to other locations required. Cross braces and stringers (wales) to be placed at splices of uprights, in addition to other locations required. Steel Sheet Piling Steel sheet piling of equal or greater strength may be used in lieu of timber trench shoring shown in the OSHA tables (proposed standards). Drive steel sheet piling to a least minimum depth below trench bottom as recommended by CONTRACTOR's Registered Licensed Professional Engineer providing design. Place cross braces in true horizontal position and spaced vertically. Secure to prevent sliding, falling, or kick outs. Cross braces to be placed at each end of stringers (wales), in addition to other locations required. Maintenance of Safety System The safety system to be maintained in the condition as shown on the Trench Excavation and Shoring Safety Plan as designed by the CONTRACTOR's Registered Licensed Professional ENGINEER. The CONTRACTOR shall take all necessary precaution to ensure the safety systems are not damaged during their use. If at any time during its use a safety system is damaged, personnel to be immediately removed from the trench excavation area and the safety system repaired. The CONTRACTOR is to take all necessary precautions to ensure no loads, except those provided for in the plan, are imposed upon the trench safety system. USED) Measurement Measure "Trench Safety" as shown on the bid proposal. Shoring of trench at manholes and other unusual structures to be included in this cost. Payment Pay for "Trench Safety" as shown on the bid proposal. Payment to be full compensation for all work described herein. There will be no increase in the Contract price because of the incorporation of CONTRACTOR's Trench Safety Plan or CONTRACTOR's detailed plans and specifications for the trench safety system into the bid documents and the Construction Contract. There will be no increase in the Contract price because of modifications to CONTRACTOR's plan and/or the CONTRACTOR's detail plans and specifications for the Spec 131 I 131-3 Revised 01 ~ 4 w.5g Uv:33 trench safety system, whether or not the result of unforeseen or differing site or soil conditions. "Trench Safety Plan" shall be included as part of the "Trench Safety" bid item and shall not be paid for as a separate pay item. Spec131 Revised 131-4 SPECIFICATION NO. 135 CEMENT STABILIZED SAND BACKFILL the discretion of the Engineer, Cement Stabilized Sand meeting the following specification may allowed as trench backfill. Cement: Type I Portland Cement conforming to ASTM C150. Sand: Clean durable sand meeting grading requirements for fine aggregates of ASTM C33, and the following requirements: a) Classified as SW, SP, or SM by the United Soil Classification System ofASTM D2487. b) Deleterious materials: i) Clay lumps, ASTM C142; less than 0.5 percent. ii) Lightweight pieces, ASTM C123; less than 5.0 percent. iii) Organic impurities, ASTM C40; color no darker than standard color. iv) Plasticity index of 4 or less when tested in accordance with ASTM D4318. Water: Potable water, free of oils, acids, alkalies, organic matter, or other deleterious substances, meeting requirements of ASTM C94. Design Desisn Requirements Design sand-cement mixture to produce a minimum unconfined compressive strength of 50 pounds per square inch in 48 hours and 100 pounds per square inch in 7 days when compacted to 95% in accordance to ASTM D558 and when cured in accordance with ASTM D1632, and tested in accordance with ASTM D1633. Mix for general use shall contain a minimum of 1-%2 sacks of cement per cubic yard. Mix for use as sanitary sewer embedment within 9 feet of waterlines shall contain 2 sacks of cement per cubic yard Compact mix with moisture content between 0% to 21/o above optimum. The maximum compressive strength in 7 days shall be 400 psi. Backfill that exceeds the maximum compressive strength shall be removed by the contractor. Mixin g j a) Thoroughly mix sand, cement, and water in proportions specified by the Design Requirements using a pugmill-type mixer. The plant shall be equipped with automatic weight controls to ensure correct mix proportions. b) Stamp batch ticket at plant with time of loading directly after mixing. Material not placed and compacted within 4 hours after mixing shall be rejected- Sp=135135-1 Revised 031L 5. l 3~ Placement a) Place sand-cement mixture in 8-inch-thick lifts and compact to 95% of ASTM D558 unless other specified by the engineer. 'The moisture content during compaction shall be between 0% to 2% above optimum. Perform and complete compaction of sand-cement mixture within 4 hours after addition of water at plant. b) Do not place or compact sand-cement mixture in standing or free water. 1 Mixing plant inspections may be performed periodically. Material samples shall be collected and tested for change in material characteristics. 2 Random samples of delivered product will be taken in the field at point of delivery for each day of placement in the work area. Specimens will be prepared in accordance with ASTM D1632 and tested for compressive strength in accordance with ASTM D1633. 3 The cement content may be tested at the discretion of the City. ASUREMENT ent-stabilized sand shall be considered a part of the backfill requirement for the unit installed shall be considered subsidiary to the length of the unit bid If the cement stabilized sand is 'cated to be a separate construction item for bulk backfill then the cement stabilized sand shall easured per cubic yard as indicated on the plans. Spec135 Revised 135-2 4 58 ~ 13 ~ SPECIFICATION NO. 150 CONCRETE FOR STRUCTUI 15.01 SCRIPTION is specification shall govern for Portland cement concrete to be used in concrete pavement, concrete uctures and other concrete construction. PORTLAND CEMENT: Cement shall be Type I or Type III Portland Cement conforming to ASTM C150, or Type IA or Type IRA, conforming to ASTM C 175 except as noted below. 1. Different types of cement, as prescribed above may be used in the same structure, but all cement used in any one monolithic placement shall be of the same type and brand. 2. Type III cement shall not be used when the anticipated air temperature for the succeeding 12 hours will exceed 60 F. FLY ASH: Fly Ash shall be Type C Fly Ash in accordance with ASTM C618. When fly ash. is used, "cement" shall be defined as "cement plus fly ash". "Cement plus fly ash" shall be composed of Type I, II or III Portland cement and 20 to 35 percent fly ash by absolute volume, except that for classes of concrete which are specified to have less than five (5) sacks of Portland cement per cubic yard, the fly ash replacement of cement shall not exceed 25 percent by absolute volume of I the specified cement content. AGGREGATE: 1. Concrete aggregate shall conform to ASTM C33. 2. The maximum size of aggregate shall not be larger than one-fifth of the narrowest dimension between forms of the member for which concrete is to be used nor larger than three-fourths of the minimum clear spacing between reinforcing bars. WATER Water for use in concrete 4nd for curing shall be from municipal supplies approved by the State Health Department or shall conform to the provisions of AASHTO T26 for quality of water. REINFORCING STEEL: The reinforcing steel shall be Grade 60 SPM150 ! 150-1 Revised 01 tj 04 . ~ I ~)7 STORAGE OF MATERIALS: 1. All cement, fly ash and mineral filler shall be stored in well ventilated weatherproof buildings or approved bins, which will protect them from dampness or absorption of moisture. 2. The method of handling and storing concrete aggregates shall prevent contamination with foreign materials. To assure uniform concrete, aggregate stockpiles shall be maintained at reasonably uniform moisture content. Concrete Mix Designs Certification for cement conformance to specification Test reports for all required concrete tests 1. Before placing concrete, all equipment for mixing. and transporting the concrete shall be cleaned. All debris shall be removed from the place to be occupied by the concrete. 2. Water shall be removed from place of deposit before concrete is placed unless otherwise permitted by the Engineer. 1. The concrete shall be mixed until there is a uniform distribution of materials and shall be discharged completely, before the mixer is recharged., 2. For job-mixed concrete, the mixer shall be rotated at a speed recommended by the manufacturer. Mixing shall be continued at least one (1) minute after all materials are in the mixer. Job-mixed concrete shall be rejected and disposed of as directed if not placed as prescribed within thirty (30) minutes after beginning ofmixing. Job-mixed concrete is only allowed with written approval from the City Engineer 72-hours prior to the pour. 3. Ready-mixed concrete shall be measured, mixed and delivered in accordance with the requirements set forth in "Standard Specifications for Ready-Mixed Concrete" (A.S.T.M. C-94). 1. Concrete shall be conveyed from the mixer to the place of final deposit by methods which will prevent the separation or loss of the materials. 2. Equipment for chuting, pumping, and pneumatically conveying concrete shall be of a size and design to insure a continuous flow of the concrete at the delivery point, without separation of the materials. 1. The contractor shall give the Engineer sufficient advance notice before placing concrete to permit the inspection of forms, reinforcing steel placement and other preparations Spec150 150-2 Revised Ol SUPPLEMENTAL GENERAL CONDITIONS SC 1.01 DEFERED TERMS The terms used these Supplementary' Conditions which are defined in the Standard General Conditions of the Constructio Contract have the meaning assigned to them in the General' Conditions; except for the terms "General Req ; ments." The term "General Requirements" is not applicable to this Contract, and items referenced as a acing in that section will be located in the Technical Specifications or these Supplemental General Cond' ns. The term "Sub tial Completion" is further defined as follows: Cnhetnntinl Cn latinn - ArlrlitinnA Cheri- icntinn The project slid t be considered Substantially Complete until the following minimum conditions have been met: 1) All maj individual items of construction, must be sufficiently complete in accordance with the Contra Documents so that the individual item of construction can be utilized for the purposes for which i intended. 2) Require: tests, such as air, hydrostatic pressure, water tightness, compaction, and others, including trial opt i ting tests, as outlined in the Technical Specifications must be successfully completed. Any items 'ch fail any of the tests must be corrected and retested. 3) A pre ' final inspection' must have been requested' by the CONTRACTOR and, allowing adequa time for the presence of all necessary parties, conducted by the ENGINEER. Such prefinal inspect' must show that 1 and 2 above have been accomplished. The punchlist developed at the prefinal ust not contain any major deficiencies. As ofthe date t t items 1 through 3 above have been completed, the ENGINEER shall issue the Certificate of Substantial mpletion, which shall act to initiate the guarantee period and to stop the assessment of additional liqui ted damages (if the agreed-upon time has expired) as of that date. The Certificate provide a mutually agreed upon reasonable period oftime for completion ofthe punchlist items, and fail of the CONTRACTOR to complete the punchlist items within this period shall be cause for the OWN to reinstate the withholding of liquidated damages in the amount and under the terms previously spe ed in the Contract. Add the follow h kg definitions: Term Definitiol 1; t The word "A roved" means to give limited, or conditional, or qualified permission to use material, 00800 - Page 1 of 12 5~ R F39 equipment, or iiethods, the conditions being in strict compliance with contract document requirements. The words "F ' h", or "Install", or "Provide" mean to supply, make available, place and/or fix into position. These words used interchangeably. The word "I tion" means to make general, periodic visual observations of the material and installation, but not detail continuous, or specific analysis of same. The ENGINEER'S inspections are only a periodic, cursory cons ction review, and the CONTRACTOR - is solely. responsible for compliance with the. Construction cuments. SC 3.03.B.1. Add the follo language at the end of paragraph 3.03.B. I of the General Conditions: 101. In case of conflict between the drawings and specifications, the specifications shall Bove Figure dimensions on drawings shall govern over scale dimensions, and detailed drawings shall g ern over general drawings. SC 4.02.A.1 Add the folio g language in lieu of paragraph 4.02.A. I of the General Conditions: Subs a Cond' io The C NTRACTOR is hereby notified that the OWNER has not conducted subsurface soil investi Lions :within the area in which the project is. to be constructed. It shall be the CONT CTOR'S sole responsibility to determine to his satisfaction the subsurface condition of the soil.. A'i excavation is considered incidental to the amount bid for other items, and there shall be no additio allowance for rock excavation, or for unstable soils, if encountered. SC 5.04.C The limits of ' ility for the insurance required by paragraph 5.04 of the General Conditions shall provide coverage for less than the, following amounts or greater, where required by Laws and. Regulations: Workle Compensation Statutory Appli le Federal (e.g. Longshoreman's) Statutory Emplis Liability: Bodiljury by Accident or De, each employee $500,000 Aggre e $500,000 Comprehensiv ; ommercial General Liability: 00800 - Page 2 of 12 5~ r i4® i1 1. Bodily njury, including completed operations and products liability: $1,00%)00 Each Occurrence $2,00%)00 Annual Aggregate 2. Prope Damage: $1,00 00 Each Occurrence $2,00%)00 Annual Aggregate Prope damage liability insurance. will provide explosion, collapse, and underground coverages, where applicable. 3. Perso Injury, with employment exclusion deleted: $1,00 00 Annual Aggregate $1 Contractual The Contra( following at 1. Bod 2. Prot SC 5.07 Workers' A. D to or Automobile Liability: 100 Combined single limits per accident, as respects all owned, non-owned, and hired vehicles bility: l Liability required by the General Conditions shall provide coverage for not less than the $2,000,000 Annual Aggregate .nsation Insurance Coverage jury $1,000,000 Each Occurrence Damage $1,000,000 Each Occurrence I "fit [I elm rtifi to of coverage ("certificate") - A copy of a certificate of insurance; a certificate of authority ;elf ' ure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, TNUC C-84), showing statutory workers' compensation insurance coverage fore the person's or ity' mployees providing services on a project, for the duration of the project. rati of the project - Includes the time from the beginning of the work on the project until the IN CTOR'S/person's work on the project has been completed and accepted by the 00800 - Page 3 of 12 SJ t/ V'e i 3 14( entity. Perso providing services on the project ("subcontractor" in 406.096) - Includes all persons or entitie orming all or part of the services the CONTRACTOR has undertaken to perform on the prof regardless of whether that person contracted directly with the CONTRACTOR and regar of whether that person has employees. This includes, without limitation, independent CON CTORS, subcontractors, leasing companies, motor carriers, owner-operators, employees of any ch entity, or employees of any entity which furnishes persons to provide services on the project, "Services" include, without limitation, providing, hauling, or delivering equipment or mater' , or providing labor, transportation, or other service related to a project. "Services" does not inc a activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and de ery of portable toilets. B. The C CTOR shall provide coverage, based on proper reporting of classification codes and pa . oll amounts and filing of any coverage agreements, which meets the statutory requirements of Tex Labor Code, Section 401.011 (44) for all employees of the CONTRACTOR providing service on the project, for the duration of the project. C. The C ONTRACTOR must provide a certificate of coverage to the governmental entity prior to beini d awarded the contract. D. If the verage period shown on the CONTRACTOR'S current certificate of coverage ends during a duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a certificate of coverage with the governmental entity showing that coverage has been extend E. The C TRACTOR shall obtain from each person providing services on a project, and provide to the govern me entity: 1) cert ificate of coverage, prior. to that person beginning work on the. project, the governmental entity will have on file certificates of coverage showing verage for all persons providing services on the project; and 2) later than seven days after receipt by the CONTRACTOR, a new ificate of coverage showing extension of coverage, if the coverage period own on the current certificate of coverage ends during the duration of the F. The C RACTOR shall retain all required certificates of coverage for the duration of the project d for one year thereafter. G. The co actor shall notify the governmental entity in writing by certified mail or personal.delivery, within 10 days ter the CONTRACTOR knew or should have known, of any change that materially affects the provision o verage of any person providing services on the project. H. The C TRACTOR shall post on each project site a notice, in the text, form and manner prescribed 00800 - Page 4 of 12 5gx.r:u~_ ►~a by the Texas rkers' Compensation Commission, informing all persons providing services on the project that they are uired to be covered, and stating how a person may verify coverage and report lack of coverage. 1. The C TRACTOR shall contractually require each person with whom it contracts to provide services on a ject, to: 1) rovide coverage, based on proper reporting classification codes and payroll ounts and filing of any coverage agreements, which meets the statutory equirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; 2) rovide to the CONTRACTOR, prior to that person beginning work on the roject, a certificate of coverage showing that coverage is being provided for employees of the person providing services on the project for the duration f the project; 3) rovide the CONTRACTOR, prior to the end of the coverage period, a new> ertificate of coverage showing extension of coverage, if the coverage period hown on the current certificate of coverage ends during the duration of the 4) btain from each other person with whom. it contracts, and provide to e CONTRACTOR: a certificate of coverage prior to the other person beginning work on the project; and a new certificate of coverage showing extension of coverage, prior to the end ofthe coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5) etain all required certificates' of coverage on file for the duration of the roject and for one year thereafter; 6) otify the governmental entity in writing by certified mail or personal delivery, vithin 10 days after the person knew or should have known, of change that terially affects the provision of coverage of any person providing services n the project; and 7) ontractually require ;each person: with whom it contracts, to perform as equired by paragraphs-1) - 7), with the certificates of coverage to be rovided to the person for whom they are providing services. I By si g this contract or providing or causing to be provided a certificate of coverage, the 44- 00800 Page 5 of 12 proper will be civil K. The Ct by the if the C breach NOTE: If hereby rent paragraphs SC 6.02.13 CTOR. is representing to the: governmental entity that all employees of the CTOR. who will provide services on the project will be covered by- workers' ion coverage for the duration of the project, that the coverage will be based on orting of classification codes and payroll amounts, and that all coverage agreements d with the appropriate insurance carrier or, in the case of a self-insured, with the n's Division of Self-Insurance Regulation. Providing false or misleading n may subject the CONTRACTOR to administrative penalties, criminal penalties, ties, or other civil actions. CRACTOR'S failure to comply with any of these provisions is a breach of contract NTRACTOR which entitles the governmental entity to declare the contract void (TRACTOR does not remedy the breach within ten days after receipt of notice of m the governmental entity. paragraph is included in this Contract, the remaining paragraphs of Article 5 are red as 5.08 through 5.11. Any reference in these documents to the original through 5.10 are hereby changed accordingly. Add the follow sentence at the end of paragraph 6.02.8, to read as follows: The CC I TRACTOR shall reimburse the OWNER for any overtime compensation required to be made t esident project representative due to CONTRACTOR'S working.hours before 8:00 a.m. or after :00 p.m., or on Saturday and Sunday. SC 6.10 Add the follo language to the end of paragraph 6.10 of the General Conditions: a governmental entity, and as such, is exempt from certain taxes as described in Vernods Texas Code, Tax Code 151.309 and 151.056. In orde hat this`be. considered a ' separated.' contract, CONTRACTOR shall provide a breakout, in detail ~ tisfactory to the OWNER, ofthe costs of materials incorporated in the work for inclusion in the c tract. If; appropriate, OWNER shall issue an exemption=certificate for these materials. The C RACTOR shall be responsible for providing or obtaining of resale certificate, for request' exemption certificates, and for all other assoeiated.:paperwork, and. shall include in his bid any and sales or use taxes for which an exemption certificate cannot be provided by the OWNER Should e CONTRACTOR faiito properly claim said exemptions, there shall be no additional cost to the I- 00800 - Page 6 of ' 12 5g ? f5 144 SC 6.13.C Add the C. In persons; for pi Contract; the I Health Act of I P - Safety and Register" date4 31, 1989, and The CONTF all accidents supplies and language to the end of paragraph 6.13 of the General Conditions: ler to provide safety controls for protection to the life and health of employees and other ,ention of damage to property, materials, and supplies; and for the performance of this NTRACTOR will comply with all pertinent provisions of the "Occupational Safety and '0" (84 Stat.15 80; 29 USC. 650 et seq.), with special attention given to "Part 1926, Subpart -alth Regulations for Construction", found in 36 F.R. Number 75, Part II of the "Federal ,pril 17,1971, and 36 F.R. 25232, December 30,1971, and 54 F.R. No. 209 dated October CFR 1910 146 pertaining to work in confined spaces. OR will maintain an accurate record of and will report to the OWNER, exposure data and ing in death, traumatic injury, occupational disease, and/or damage to property, materials, )ment incident to work performed under this Contract. The OWNER y notify the CONTRACTOR of any non-compliance with the foregoing provisions. The CONTRACT shall, after receipt of such notice, immediately correct the conditions. Such notice, when delivered to the CONTRACTOR or his representative at the site of the work, shall be deemed sufficient for the purpose. The CONT TOR shall indemnify and save harmless the OWNER and the ENGINEER from any claims for damages r ting from personal injury and/or death suffered or alleged to have been suffered by any personas a re It of any work conducted under this Contract. Compliance 4 these safety provisions by subcontractors will be the responsibility ofthe CONTRACTOR. These drawin and specifications do not, except to the extent necessary to comply with HB 1569 of the 1989 Texas Le E lature (relating to trench excavation), include necessary provisions for construction safety. It is the CON CTOR'S sole responsibility to see that all government safety standards are complied with, and that the site of the work is safe. The OWNER may exercise his rights outlined above, but failure of the OWNER to e vise these rights shall not relieve the CONTRACTOR of responsibility, nor shall it make the OWNER ri4r the ENGINEER, in anyway liable. For the CON CTOWS guidance, excerpts from Subpart P Safety and Health Regulations Part 1926, "Excavations; renclih g and Shoring" are included at the end of these Supplemental General Conditions: The following ould be noted in addition to the Subpart P excerpts: 1. A bid em has been included on the bid schedule for Trench Protection Requirements, if the ENG ER feels that there will be any trench excavation greater than 5 feet in depth. Protection of tre es less than 5 feet in depth will be considered an incidental item of work. The bid item is intend to compensate for excavation protection requirements on trenches, as well as structures such as lift tions, manholes, bore pits, and similar non-pipeline excavations in excess of five feet deep. The VNER has no special shoring requirements beyond those of state and federal' law and 00800 - Page 7 of 12 It is hereby re ' d by all parties that the use of the diagrams and specifications outlined herein do not in any way r sent a warranty or guarantee of a safe trench condition. Rather, they. represent design approaches co istent with generally accepted practice. The CONTRACTOR hereby warrants and assures the ENGINEE and the OWNER that he will comply fully with the requirements of Subpart P, Part 1926, Safety and Ho (i Regulations, as applicable to this CONTRACT and further agrees to, and will, indemnify and hold the E WEER and the OWNER entirely harmless of and from any and all claims, demands, causes of action, ore nse of any kind or nature whatsoever arising out of or in any way related to the failure of the CONTRA OR or any other subcontractor to comply strictly, with said requirements. SC 7.01 RelaNd Work at Site In case of simuus work being performed on site by multiple contractors, insert the following in lieu of section 7.0 LA A. Owner may perform other work related to the Project at the Site by OWNER'S employees, or let other contracts therefor; or have other work performed by other utility owners. Work performed by others is ou ed as follows: SC-7.03 If there are to multiple contractors on the site simultaneously then add the, following new paragraph immediately paragraph GC-7.02: SC-7.03 Claims Between Contractors A. Should ONTRACTOR cause damage to the work or property of any separate contractor at the Site, or should any arising out of CONTRACTOR's performance of the Work at the Site be made by any separate eontr or against CONTRACTOR, OWNER, ENGINEER, ENGINEER's Consultants, or the construction cco rdinator, CONTRACTOR shall promptly attempt to settle with such separate contractor by agreement, or otherwise resolve the dispute by arbitration or at law. B, CONT CTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless O R, ENGINEER, ENGINEER's. Consultants, the construction coordinator and the. officers, directors, part s, employees, agents and other consultants and subcontractors of each and any of them from and against all , costs, losses and damages (including, but not limited to, fees and charges of engineers, architects, atto eys, and other professionals and court and arbitration costs) arising directly, indirectly or consequentially, but of any action, legal or equitable, brought by any separate contractor against OWNER, ENGINEER, GINEERs Consultants,: or the construction coordinator to the extent said claim is based on or arises out f CONTRACTOR`s performance of the Work. Should a separate contractor cause damage to the Work or roperty of CONTRACTOR or should the performance of work by any separate contractor at the Site give 'se to any other Claim, CONTRACTOR. shall not institute any action, legal or equitable, against OWNS ENGINEER, ENGINEER's Consultants, or the construction coordinator or permit any action against of them to be maintained and continued in its name or for its benefit in any court or before 00800 - Page 8 of 12 14lo any arbiter wt"-,h seeks to impose liability on or to recover damages from OWNER, ENGINEER, ENGINEER's nsultants or the construction coordinator on account of any such damage or Claim. C. If CON RACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate co actor, and OWNER and CONTRACTOR are unable to agree as to, the extent of any. adjustment in ntract Times attributable thereto, CONTRACTOR may make a Claim for an extension of times in accor ce with Article 12. An extension of the -Contract Times shall be CONTRACTOR's exclusive rem with respect to OWNER, ENGINEER, ENGINEER's .Consultants,:-and construction coordinator fo y delay, disruption, interference, or hindrance caused by any: separate contractor. This paragraph does of prevent recovery from OWNER, ENGINEER, ENGINEER's Consultant, or construction coordinator fox tivities that are their respective responsibilities. SC 10.01 Add the folio language at the end of paragraph 10.1 of the General Conditions: Chang orders on this project must also be approved by the Texas Community Develo ent Program (TCDP), in addition to the OWNER and the CONTRACTOR SC 13.03.B.4 1 'f Add the follo*g language as paragraph 13.03.B.4 of the General Conditions: Re-Testing Regardless of ether the OWNER is providing testing or the CONTRACTOR is providing testing, in the event that init' tests of the material or workmanship indicate that it does not meet the specifications, the CONTRACT shall bear all costs of retesting said materials or workmanship. SC 13.07 Add the folio paragraph after paragraph 13.07 of the General Conditions: The ENGINE and OWNER shall make a warranty inspection during the twelfth month of the warranty period, and otify CONTRACTOR of any defective work. Further, in the event the CONTRACTOR'S performance payment bonds are to expire prior to the time the reported defects can be corrected, then said bonds s utomatically be extended, without any action or notice from the OWNER or his agents, until such time as project defects are corrected. 00800 - Page 9 of 12, 58, 14-7 SC 17.05 Add the The CONTRA such as those i specifications his bid solely o: from any other the CONTRA( Professional (1 OWNER for pi of $100,000 or errors or omis SC17.07 Equal Emnloy Add the follov (1) The C( of race ensure natiom upgrad of pay as paragraph 17.05 and renumber 17.05 to 17.06 in the General Conditions: OR is skilled and experienced in the use and interpretation of drawings and specifications xded in the bid documents for this contract. He has carefully reviewed the drawings and has found them free of ambiguities and sufficient for bid purposes. Further, he has based pose documents not relying in any way on any explanation or interpretation, oral or written, Lrce. Having assured himself of the adequacy of the documents and the accuracy of his bid, )R agrees (and shall require his subcontractors to agree) to limit the liability of the Design & Browne Engineering, Inc. its professional employees and subcontractors) and the ;ssional negligence, errors or omissions of the Design Professional to a total aggregate sum sign Professional's total fee for services rendered on this project, whichever is greater. The does not assume any liability for damages to others caused by the professional negligence, is of the Design Professional. language at the end of Section 17 of.the General Conditions: CRACTOR will not discriminate against any employee or applicant for employment because ligion, color, sex, or national origin. The CONTRACTOR will take affirmative action to t applicants are treated during employment, without regard to their race, creed, color, or rigin. Such action shall include, but not be limited to, the following: employment, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates other forms of compensation; and selection for training, including apprenticeship. The CTOR agrees to post in conspicuous places, available to employees and applicants for nt, notices to be provided by the contracting officer setting forth the provision of this iination clause. (2) The CC I RACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the NTRACTOR, state that all qualified applicants will receive consideration for employment without egard to race, religion, color, sex, or national origin (3) The C RACTOR will send to each labor union or representative of workers which he has a collecti bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the CONT CTOR'S commitments under Section 202 of Executive Order No. 11246 as amended (3CFR 9 (1974), and shall post copies of notices in conspicuous places available to employees and applic for employment. 00800 -Page 10 of 12 I (4) The CONTRACTOR will comply with all provisions of Executive Order No.11246, as amended, and the rule' regulations, and relevant orders of the Secretary of Labor. (5) The CO TRACTOR will furnish all information and reports required by Executive Order No. 11246, as amen d, and the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will pen it access to his books, records, and accounts by the contracting agency and the Secretary of Labot for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the a nt ofthe CONTRACTOR'S noncompliance with the discrimination clauses ofthis contract, or with y of such rules, regulations, or orders, this contract may be canceled, terminated, or suspen in whole or in part and the CONTRACTOR may be declared ineligible for further Govern: tent contracts in accordance with procedures authorized in Executive Order No. 11246, as amend and such other sanctions may be imposed and remedies invoked as provided in Executive Order . 11246, as amended, or by rules, regulations, or order of the Secretary of Labor, or as othe ' provided by law. (7) The CC I TRACTOR will include the provisions of Paragraphs (1) through (7) in every subcontract or purc a order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuar t to Section 204 of Executive Order No. 11246, as amended, so that such provisions will be binding pon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any bcontract or purchase order as the contracting agency may direct as a means of enforcing such pr ions, including sanctions for noncompliance: Provided, however, that in the event the CONT CTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a re of such direction by the contracting agency, the CONTRACTOR may request the United States t14 enter into such litigation to protect the interests of the United States. SC17.08 Add the follo*g language at the end of section 17 of the General Conditions: CONTRACT agrees that he will pay, and require subcontractors to pay, wages equal to or better than the attached w e determination rates. 00800 - Page 11 of 12 j L) WAGE DETERMINATION RATES 00850 -Page I of 4 Date: une 13, 2003 General Decision Number TX030043 State fl 'ITEXAS Const ction Type: HEAV HIGH Y Count ies): BELL CORYELL TRAVIS BEXA ! GUADALUPE WILLIAMSON BRAZ HAYS COMA MCLENNAN Heavy excluding tunnels and dams) and Highway Construction Projects (does not inclu , building structures in rest area projects).'*NOT TO BE USED FOR WORK ON SEWAG R WATER TREATMENT PLANTS OR LIFT/PUMP STATIONS IN BELL, CORYELL, McLEN AND WILLIAMSON COUNTIES. SUTX20 A 0312611998 Rates Fringes AIR T OPERATOR 8.08 ASPHAL I HEATER OPERATOR 11.00 ASPHAL I RAKER 8.00 ASPHAL I SHOVELER 7.97 BATCHI PLANT WEIGHER 11.00 CARPEN R 10.80 CONCRE FINISHER-PAVING 9.57 CONCRE FINISHER-STRUCTURES 8.83 CONCRE RUBBER 8.52 ELECTR I CIAN 16.25 FLAGGE 6.86 FORM B ILDER-STRUCTURES 8.77 FORM L I NER-PAVING & CURB 8.00 FORM S TER-PAVING & CURB 8.68 FORM S TER-STRUCTURES 8.73 LABORE COMMON 7.12 LABORE UTILITY 7.99 MECHAN 12.15 OILER 11.40 SERVIC 8.44 PAINTE STRUCTURES 10.00 PIPE L ER 8.27 ASPHAL T DISTRIBUTOR OPERATOR 9.70 ASPHAL PAVING MACHINE 9.26 BROOM SWEEPER OPERATOR 7.12 BULLDO R 9.28 CONCRE CURING MACHINE 7.79 CONCRE FINISHING MACHINE 11.00 CONCRE PAVING SAW 9.79 SLIPFO MACHINE OPERATOR 11.15 CRANE, LAMSHELL, BACKHOE, DERR K, DRAGLINE, SHOVEL 10.12 FOUNDA ON DRILL OPERATOR TRUC MOUNTED 15.00 FRONT D LOADER 8.86 00850 - Wage 3 of 4 mvn~nne a'•,~ , ~ ' ' ~l HOIST DOUBLE DRUM & LESS 10.81 MIXER 7.12 MIXER CONCRETE PAVING 11.00 MOTOR RADER FINE GRADE 12.37 MOTOR RADER 11.14 PAVEM T MARKING MACHINE 8.31 PLANE OPERATOR 15.75 ROLLE STEEL WHEEL PLANT-MIX PAVE M ENTS 7.73 ROLLE STEEL WHEEL OTHER FLA HEEL OR TAMPING 7.33 ROLLS r PNEUMATIC, SELF PROPELLED 7.17 SCRAP S 8.38 TRACT -CRAWLER TYPE 9.40 TRAVE NG MIXER 7.92 TRENC ' NG MACHINE, HEAVY 9.92 WAGON RILL/BORING MACHINE 8100 REINF CING STEEL SETTER-PAVING 14.50 REINF CING STEEL SETTER-STRUCTURES 10.61 STEEL P ORKER-STRUCTURAL 11.73 SPREA R BOX OPERATOR 8.55 WORK NE BARRICADE 8.29 SIGN STALLER 7.97 TRUCK RIVER-SINGLE AXLE LIGHT 8.32 TRUCK RIVER-SINGLE AXLE HEAVY 7.954 TRUCK RIVER-TANDEM AXLE SEMI- - TRA ER 8.02 TRUCK RIVER-LOWBOY/FLOAT 10.12 WELDE - 11.02 END OF GENERAL DECISION 00850 . Page 4 of 4 STANDARDS FOR PUBLIC WORK FINANCED BY LOANS OR ;RANTS FROM THE UNITED STATES GOVERNMENT 00860 Page I of 30 =j 58 PAGE l Title 29 - LABOR Subtitle A Office of the Secretary of Labor PART 3 - PU)E FR( Sec. 3.1 Purpo: 3.2 Defini 3.3 Week] wages 3.4 Submi 3.5 Payroll applica Labor. 3.6 Payroll approve 3.7 Apnlica 3.8 3.9 3.10 3.11 N TRACTORS. AND SUBCONTRACTORS ON PUBLIC BUILDING OR C WORD FINANCE, D IN WHOLE OR IN PART BY LOANS OR GRANTS THE UNITED STATES of Lab, Action applica scope with respect to payment of )n of weekly statements and the on and inspection of weekly payroll uctions permissible without to or approval of the Secretary of fictions permissible with the the Secretary of Labor. s for the approval of the Secretary the Secretary of Labor upon payroll deductions. f payment of wages. s part of contract. . AUTHORI The provisions of this Part 3 issued under R.S. 161, s 2, 48 Stat. §48; Reorg. Plan No. 14 of 1950, 64 Stat. 267,5 U.S.C. Appendix; 5 U.S.C. 301; 40 U.S.C. 2 c. SOURCE: a provisions of this Part 3 appear at -29 F.R_ 97, Jan. 4 1964, unless otherwise noted. Section 3.1 Puroose and Scope. This part presc bes "anti-kickback" regulations under section 2 4) f the Act of June 13, 1934, as amended (40 U. C. 276c), popularly known as the Copeland Act. is part applies to any contract which is subject Federal wage standards and which is for the nstruction, prosecution, completion, or r 1 air of public buildings, public 1 works or buildin or works financed in whole or in part by loans .or ants from the United States. The part is intended aid in the enforcement of the minimum wage provisions of the Davis-Bacon Act and the various statutes dealing with Federally- assisted construction that contain similar minimum wage provisions, including those provisions which are not subject to Reorganization Plan No. 14 (e.g., the College Housing Act of 1950, the Federal Water Pollution Control Act, and the Housing Act of 1959), and in the enforcement of the overtime provisions of the Contract Work Hours Standards Act whenever they are applicable to construction work. The part details the obligation of contractors and subcontractors relative to the weekly submission of statements regarding the wages paid on work covered thereby; sets forth the circumstances and procedures governing the making of payroll deductions from the wages of those employed on such work; and delineates the methods of payment permissible on such work. Section 3.2 Definitions. As used in the regulations in this part: (a) The terms "building" or "work" generally include construction activity as distinguished from manufacturing, furnishing of materials, or servicing and maintenance work. The terms include, without limitation, buildings, structures, and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, powerlines, pumping stations, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals; dredging, shoring, scaffolding, drilling, blasting, excavating, clearing, and landscaping. Unless conducted in connection with and at the site of such a building or work as is described in the foregoing sentence, the manufacture or furnishing of materials, articles, supplies, or equipment (whether or not a Federal or State agency acquires title to such materials, 00860,-- Page 3 of 30 VOL 9 PACE articles, supp the manufact ' s, or equipment during the course-of e'or furnishing, or owns the executive departments, independent establishments materials fro f ni h which they are manufactured or ' " " administrative agencies, and instrumentality 's of the United States and of th Di ur s ed) is meaning of the t a building or "work" within the regulations in this part. e strict of Columbia, including corporations, all or substantially all of the 'j (b) T X~ 'terms "construction " stock of which is beneficially owned b the U Y nlted . "prosecution,' t f , "completion," or "repair" mean all States, by the District of Columbia, or any of the foregoing de departments e t bli h ypes o work h one on a particular building or work g , a s s ments, agencies, and instrumentalit 's at t e site ther altering, remo f, including, without limitation, ling, painting and decorating, the y . (29 FR 97, Jan. 4, 1961, as arnendcd at 33 FR 32575, Nov. 27,1973) transporting o the building o aterials and supplies to or from ork by the employees of th Section 3.3 Weekly statement with respect to a t construction c e tractor or construction p ymen of wages. subcontractor, d the manufacturing or furnishing (a) As used in this section the t of materials, a site of the buil Iles, supplies, or equipment on the ng or work, by persons employed , erm "employee" shall not apply to persons in classifications hi he th h at the site by t (c) Th contractor or subcontractor. t " g r an t at of laborer or mechanic and those who are the immediate work? include erms public building" or "public ilding or work for whose supervisors of such employees. h O b E construction, pi ( , sccution, completion, or repair, as ac contractor or subcontractor engaged in the construction prosecuti ? defined above, li a t dl , Federal agency is a contracting , on, completion, or repair of any public buildin or p r y, regar es Federal agency of whether title thereof is in a " g public work, or building or work financed in whole . (d) Ttt erm "building or work financed in or in part by loans or grants from the United States, shall furnish each week a st t whole or in part y loans or grants from the Unites a ement with respect to the wages paid each of its employees e d States" includes t i n wilding or work for whose ngage on work covered by 29 CFR Parts 3 and 5 durin the cons ruct o , pr defined above ecution, completion, or repair, as g preceding weekly payroll period. This statement , directly or indir ent or art payment tly from fund prov ded by loans ctor or subcontractor or by an author zded by the office f or grants by a F building or work' era] agency. The term includes or which the Federal a i t e mployee of the contractor or subcontractor who supervises the e a granted is in the ss s ance rm of loan guarantees or ym p nt of wages, and shall be on form WH 348, "Statement of Compliance " o insurance. (e) Eve r , r on an identical form on the back of WH 347, "Payroll (For Contractors subcontractor in pe son paid by a.contractor or y manner for his labor in the Optional Use)" or on any form with identical wording. Sample copies of WH 347 and WH 348 construction, pro a public building cution, completion, or repair of r public work or b ildi may be obtained from the Government contracting work financed in u ng or hole or in part by loans or grants or sponsoring agency, and copies of these forms may be purchased at the G from the United LI: " tes is "employed" and receiving overnment Printing Office. wages," regardl of any contractual relationship (c) The requirements of this section shall alleged to exist een him and the real employer. not apply to any contract of $2 000 or less (fl The te includes a spouse . -m "any affiliated person" hild, parent, or other close , . (d) Upon a written finding by the head of a Federal agency, the Secretary of Labor m relative of the C017 t actor or subcontractor, a partner ay provide reasonable limitations, variations or officer of the c tractor or subcontractor, a , tolerances, and exemptions from the i corporation close] connected with the contractor requ rements of this section subject to such conditions as the or subcontractor parent, subsidiary or otherwise, Secretary of Labor may specify Y and an officer or (g) The t nt of such corporation. " " . {29 F.R. 95, Jan. 4, 1964, as amcnd<d at 33 FA 10186, July 17, 1968} United States, the Federal agency means the istrict of Columbia, and all 00860 Page 4 of 30. , _T Section 3.4 bmission of weekly statements and the preserv ion and inspection of weekly payroll rec ds. (a) ch weekly statement required under §33 shall b elivered by the contractor or subcontract ' within seven days after the regular payment dat f the payroll period, to a representativ e " of a Federal or State agency in charge at the s ite of the building or work, or if there is no represe ative of a Federal or State agency at the site of the uilding or work, the statement shall be mailed by e contractor or subcontractor, within such time, to ' Federal or State agency contracting for or financi the building or work. After such examination d check as may be made, such statement, or copy thereof, shall be kept available, or all be transmitted together with a report of any iolation, in accordance with applicable pr ` educes prescribed by the United States Depart ent of Labor. (b) h contractor or subcontractor shall preserve his v ekly payroll records for a period of three years fr 1 date of completion of the contract. The payroll r rds shall set out accurately and completely th e and address of each laborer and mechanic is correct classification, rate of pay, daily and wee y number of hours worked, deductions m e, and actual wages paid. Such payroll record l shall'be made available at all times for inspection the contracting officer or his authorized rep sentative, and by authorized representative ' f the Department of Labor. Section 3.5 P ` roll deductions permissible without appli tion to or approval of the Secretary of 1 4 bor. Deductions de under the circumstances or in the situations scribed in the paragraphs of this section may be i ade without application to and approval of the ecretary of Labor: (a) A deduction made in compliance with the requir e ents of Federal, State, or local. law, such as Fe ral or State withholding income taxes and Fede I social security taxes. (b) An deduction of sums previously paid to the employed as a bona fide prepayment of wages when su prepayment is made without discount or inte st. A "bona fide prepayment of wages" is considered to have been made only when cash or its equivalent has been advanced to the person employed in such manner as to give him complete freedom of disposition of the advanced funds. (c) Any deduction of amounts required by court process to be paid to another, unless, the deduction is in favor ofthe contractor, subcontractor or any affiliated person, or when collusion or collaboration exists. (d) Any deduction constituting a contribution on behalf of the person employed to funds established by the employer or representatives of employees, or both, for the purpose of providing either from principal or income, or both, medical or hospital care, pensions, or annuities on retirement, death benefits, compensation for injuries, illness, accidents, sickness, or disability, or for insurance to provide any of the foregoing, or unemployment benefits, vacation pay, savings accounts, or similar payments for the benefit of employees, their families and dependents: Provided, however, That the following standards are met: (1) The deduction is not otherwise prohibited by law; (2) it is either: (i) Voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of or for the continuation of employment, or (ii) provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its employees; (3) no profit or other benefit is otherwise obtained, directly or indirectly, by the contractor or subcontractor or any affiliated person in the form of commission, dividend, or otherwise; and (4) the deductions shall serve the convenience and interest of the employee. (e) Any deduction contributing toward the purchase of United States Defense Stamps and Bonds when voluntarily authorized by the employee. (f) Any deduction requested by the employee to enable him to repay loans to or to purchase shares in credit unions organized and operated in accordance with Federal and State credit union statutes. (g) Any deduction voluntarily authorized by the employee for the making of contributions to 00860 =7971 5 of 30 3: government or quasi-governmental agencies, such as the erican Red Cross. deduction not permitted under 3.5. The may grant permission whenever he finds hat:retary (h) ny deduction voluntarily authorized by the empl ee for the making o voluntarily a hori s to (a) The contractor, subcontractor, or any affiliated person does not make a profit or benefit Community ''.'hosts, United Givers Funds, and similar chari ° ble organizations. directly or indirectly from the deduction either in the form ofa commission, dividend, or otherwise; (i) ' y deductions to pay regular union initiation fee ;and membership dues, not including (b) The deduction is not otherwise fines or spec `1 assessments; Provided, however, prohibited by law; • That a roller e bargaining agreement between the (c) The deduction is either (1) voluntarily contractor or ` rbcontrac#or and representatives of consented to by the employee in writing and in its employee rovides for such deductions and the advance oftheperiod in which the work is to be done and such consent is not a condition either for deductions ar o. `not otherwise prohibited bylaw. (I) y deduction not more than for the the obtaining of employment or its continuance, or "reasonable c t" of board, lodging, or other (2) Provided for in a bona fide collective bargaining facilities mee i' g the requirements of section 3(m) agreement between the contractor or subcontractor of the Fair La b (d) r Standards Act of I938, as and representatives of its employees; and amended, and art 531 of this title." When such a The deduction serves the convenience deduction is de the additional records required and interest of the employee. under §516.27(1) of this title shall be kept. (k) A deduction for the cost of safe Section 3.7 Applications for the approval of the equipment of minal value purchased by the safety Secretary of Labor. employee ash own property for his personal protection in h 'work, such as safety shoes, Any application for the making of payroll glasses, safety ours, and hard hats, ifsuch safety deductions under §3.6 shall comply with the y requirements prescribed in the following equipment is n required by law to be furnished b the employer, i ~ such deduction is not violative of paragraphs of this section: the Fair Labor andards Act or prohibited b other (a) The application shall be in writing and by shall be addressed to the Secretary of Labor_ law, if the cost which the deduction is based does not excee he actual cost to the employer (b) The application need not identify the contract or contracts under which the work in where the equi ent is purchased from him and does not includ any direct or indirect monetary question is to be performed. Permission will be given for deductions on all current and future return to the em over where the equipment is contracts of the applicant for a period of 1 year. A .purchased from %third person, and if the deduction Y is either (1) vol tardy consented to be the renewal ofpermission to make such payroll employee in wri g and in advance of the period in deduction will be granted upon the submission of which the work to be done and such consent is an application which makes reference to the not a condition e er for the obtaining of original application, recites the date of the employment or i continuance; or 2 provided for ~ Secretary of Labor's approval of such deductions, in a bona fide co dive bargaining agreement states affirmatively that there is continued . between the con ' ctor or subcontractor and compliance with the standards set forth in the representatives o is employees. provisions of §3.6, and specifies any conditions ' ii (36 F.IZ 9770, May 28 971.) which have changed in regard to the payroll deductions. Section 3.6 Payr 1 deductions permissible with (36 F. R. 9770, May 28, 1971.) the approval of f e Secretary of Labor. (c) The application shall state affirmatively that there is compliance with the Any contractor subcontractor ma apply the standards set forth in the provisions of §3.6. The Secre y to affirmation shall be accompanied by a full Lary of Labo or permission to make any statement of the facts indicating such compliance. 30 (d) e application shall include a description the proposed deduction, the purpose to be served ereby, and the classes of laborers or mechanics fro whose wages the proposed deduction w tld be made. (e) 71 e application shall state the name and business any third person to whom any funds obtaine from the proposed deductions are to be transmitted ` nd the affiliation of such person if any, with the , plicant. Section 3.8 A ion by the Secretary of Labor upon applica ns. The Secretar of Labor shall decide whether or not the reques deduction is permissible under provisions of .6; and shall notify the applicant in writing of his cision. Section 3.9 P ibited payroll deductions. Deductions n elsewhere provided for by this part and which are 4t found to be permissible under §3.6 are-prohib t 6 d. Section 3.10 ethods of payment of wages. The payment wages shall be by cash, negotiable instn i i ents payable on demand or the additional form , ' f compensation for which deductions are issible under this part. No other methods o ayment shall be recognized on work subject to e Copeland Act. Section 3.11 gulations part of contract. All contracts m e with respect to the construction, pro ' cution, completion, or repair of any public buildi or public work or building or work financed in % hole or in part by loans or grants from the United "I I tes covered by the regulations in this part shall pressly bind the contractor or subcontractor to e4 A mply with such of the regulations in thi art as may be applicable. In this regard, see §1. t(a) of this subtitle. 00860 -.Page 7 of 30 c) A Federal La r Standards Provisions u_s. Department of Housing and Urban Development Applicability • (WH-1321) shall be posted at all times by•the The Project or ogram to which the construction contractor and its subcontractors at the site of the work covered this contract pertains is being work in a prominent and accessible place where it assisted by the nited States of America and the can be easily seen by the workers following Fede 1 Labor Standards Provisions are . (ii)(a) Any class of laborers or mechanics included in this Contract pursuant to the provisions which is not listed in the wage determination and applicable to su ch Federal assistance. which is to be employed under the contract shall be A.1. (i) Min mum Wages. All laborers and classified in conformance with the wage rate and mechanics em yed or working upon the site of the fringe benefits therefore only when the followi work (or under e United States Housing Act of ng criteria have been met. 1937 or under 1, e Housing Act of 1949 in the (1) The work to be performed by the construction or evelopment of the project), will be ` classification requested is not performed by a paid unconditio ally and not less than once a week, classification in the wage determination; and and without su equent deduction or rebate on any (2) The classification is utilized in the account (exce such. payroll deductions as are area by the construction industry; and permitted by re 1 lations issued by.the. Secretary of (3) The proposed wage rate, including Labor under th opeland Act (29 CFR Part 3), the any bona fide fringe benefits, bears a reasonable full amount of ges and bona fide fringe benefits relationship to the wage rates contained in the wage (or cash equiva nts thereof) due at time of payment determination. computed at ra not less than those contained in (b) If the contractor and the laborers and the wage deter nation of the Secretary of Labor mechanics to be employed in the classification (if which is attach hereto and made a part hereof, ' known), or their representatives, and HUD or its regardless of a contractual relationship which designee agree on the classification and wage rate may be alleged exist between the contractor and (including the amount designated for fringe benefits such laborers an J mechanics. Contributions made where appropriate), a report of the action taken or costs reason ly anticipated for bona fide fringe shall be sent by HUD or its designee to the benefits under ction 1(b)(2) of the Davis-Bacon Administrator of the Wage and Hour Division : Act on behalf o l aborers or mechanics are , Employment Standards Administration, U.S. considered wag paid to such laborers or Department of Labor, Washington, D.C. 20210. The mechanics, sub act to the provisions of 29 CFR Administrator, or an authorized representative will 5.5(a)(1)(iv); aisc . regular contributions made or , approve, modify, or disapprove every additional costs incurred f more than a weekly period (but classification action within 30 days of receipt and so not less often th quarterly) under plans, funds, or advise HUD or its designee or will notify HUD or its programs, whic over the particular weekly period, designee or will notify HUD or its designee within are deemed to constructively made or incurred the 30-day period that additional time is necessary. during such we ly period. (Approved by the Office of Management and Budget under OMB Such laborer ; and mechanics shall be paid the - control number 1215-0140. appropriate wag rate and fringe benefits on the (c) In the event the contractor, the wage determine 1n for the classification of work laborers or mechanics to be employed in the actually perform , without regard to skill, except as classification or their representatives, and HUD or provided in 29 R Part 5.5(a)(4). Laborers or its designee do not agree on the proposed mechanics pert ing work in more than one classification and wage rate (including the amount classification m be compensated at the rate designated for fringe benefits, where appropriate), specified for ea classification for the time actually HUD or its designee shall refer the questions, worked tfierein: ovided, 'that the employers including the views of all interested parties and the payroll records urately set forth the time spent in recommendation of HUD or its designee, to the each classifcati a , i in which work is performed. The Administrator for determination. The Administrator, wage determine n (including any additional or an authorized representative will issue a classification an age rates conformed under 29 determination within 30 days of receipt and so CFR Part 5.5(a) and the Davis-Bacon poster tfl) advise HUD or its designee or will notify HUD or its Previous Edition is Obsolete HUD-4010 (2-84) 00860 Page 9 of 30 (HB 1344.1) designee withi he 30-day period that additional suspension of any further payment, advance or time is necess , . (Approved by the Office of guarantee of funds until such violations have Management a , J Budget under OMB Control ceased. HUD or its designee may, after written Number 12154 40). notice to the contractor, disburse such amounts (d) e wage rate (including fringe withheld for and on account of the contractor benefits where ppropriate) determined pursuant to disburse such amounts withheld for and on account subparagraphs 1)(b) or (c) of this paragraph, shall of the contractor or subcontractor to the respective be paid to all w keys performing work in the employees to whom they are due. The Comptroller classification u er this contract from the first day General shall make such disbursements in the case on which; work performed in the classification. of direct Davis-Bacon Act contracts. (iii) never the minimum wage rate 3. (i) Payrolls and basic records. Payrolls prescribed in t contract for a class of laborers or and basic records relating thereto shall be mechanics incl es a fringe benefit which is not maintained by the contractor during the course of expressed as hourly rate, the contractor shall the work preserved for a period of three years either pay the nefit as stated in the wage thereafter for all laborers and mechanics working at determination shall pay another bona fide fringe the site of the work (or under the United States benefit or an h rly cash equivalent thereof. Housing Act of 1937, or under the Housing Act of (iv) If t contractor does not make 1949, in the construction or development of the payments to a stee or other third p.erson,,the project). Such records shall contain the name contractor may , nsider as part of the wages of an address, and social *security number of each such laborer or mec nic the amount of any costs worker, his or her correct classification; hourly rates reasonably anti gated in providing bona fide fringe of wages paid (including rates or contributions or benefits under plan or program. Provided, that the costs anticipated for bona fide fringe benefits or Secretary of La r has found, upon the written cash equivalents there of the types described in request of the-c : ntractor, that the applicable Section 1(b)(2)(B) of the Davis-Bacon Act), daily standards of the ` Davis-Bacon Act have been met and weekly number of hours worked, deductions The Secretary Labor may require the contractor made and actual wages paid. Whenever the to set aside in eparate account assets for the Secretary of Labor has found under 29 CFR meeting of obli tions under the plan or program. (a)(1)(iv) that the wages of any laborer or mechanic (Approved.by the ice of Management and Budget under OMB include the amount of any costs reasonably Control Number 12 2 1Nithtiol 140). anticipated in providing benefits under a plan or rig. HUD or, its designee shall upon ttsvm a program described in Section 1(b)(2)(B) of the nor upon written request of an Davis-Bacon Act the contractor shall maintain authorized rep, Labor withhold , entative of the Department of records which show that the commitment to provide cause to be withheld from the contractor unde such benefits is enforceable, that the plan or his contract or any other Federal contract with the program is financially responsible, and that the plan. same prime contractor, or any other Federally- E or program has been communicated in writing to the sisted contract subject to Davis- laborers or mechanics affected and records which Bacon prevailin g , wage requirements, .which is held show the costs anticipated or the actual cost by the same pri accrued payme , e contractor so much of the incurred in providing such benefits. Contractors s or advances as may be considered nec employing apprentices or trainees under approved sary to pay laborers and mechanics, incl ing apprentices, trainees and programs shall maintain written evidence of the helpers, employ registration of apprenticeship programs and by the contractor or any subcontractor t certification of trainee programs, the registration of full amount of wages required by the contract in a event of failure to pay any the apprentices and trainees, and the ratios and laborer or mech ic, including any apprentice, wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB trainee or helpe employed or working on the site of Control Numbers 1215-0140 and 1215-0017). the work (or un r t1he United States Housing Act of (ii)(a) The contractor shall submit weekly for 1937 or under t Housing Act of 1949 in the each week in which any contract work is performed construction or velopment of the project), all or a copy of all payrolls to HUD or its designee if the part of the wage - required by the contract, HUD or agency is a party to the contract, but if the agency is its designee ma y after written notice to the not such a party, the contractor will submit the contractor, spo or, applicant, or owner, take such payrolls to the applicant, sponsor, or owner, as the action as may b necessary to cause the case may be, for transmission to HUD or its 00860 Page 10 of 3 0 .0O HUD-4010 (2-84) designee. The ayrolls submitted shall set out employees during working hours on the job. If the accurately and c ompletely all of the information contractor or subcontractor fails to submit the required to be aintained under 29 CFR Part -e required records or to make them available HUD or 5.5(a)(3)(i). T h i , information may be submitted in its designee may, after written notice to the any form desir . Optional Form WH-347 is contractor, sponsor, applicant, or owner take such available for th , purpose and may be purchased action as may be necessary to cause the from,fhe Super tendent of Documents (Federal suspension of any further payment, advance, or Stock Number 29-005-0014-1), U. S. Government guarantee of funds. Furthermore, failure to submit Printing Office, ashington, D.C. 20402. The the required records upon requestor to make such prime. contract is responsible for the submission of records available may be grounds for debarment copies of payr I s by all subcontractors. (Approved action pursuant to 29 CFR Part 5.12. by the Office o anagement and Budget under (4) Apprentices and Trainees. OMB Control t imber 1215-0149). (i) Apprentices. Apprentices will be (b) ch payroll submitted shall be permitted to work at least than the predetermined accompanied a "Statement of Compliance,' rate for the work they performed when they are signed by the ntractor or subcontractor or his or employed pursuant to and individually registered in her agent who ys or supervises the payment of a bona fide apprenticeship program registered with the persons en i toyed under the contract and shall the U.S. Department of Labor, Employment and certify the folio) Y ng: Training Administration. Bureau of Apprenticeship (1) hat the payroll for the payroll and Training, or with a State Apprenticeship Agency ' period contain he information required to be recognized by the Bureau, or if a person is maintained un r 29 CFR Part 5.5(a)(3)(i) and that employed in his or her first 90 days of probationary such informati is correct and complete; employment as an apprentice in such an (2) hat each laborer or mechanic apprenticeship program, who is not individually (including each h elper. apprentice, and trainee) registered in the program, but who has been employed on•t contract during the payroll period certified by the Bureau of Apprenticeship and has beep paid full weekly wages earned, without Training or a State Apprenticeship Agency (where rebate, either d ctly or indirectly, and that no appropriate) to be eligible for probationary deductions hav ` been made either directly or employment as an apprentice. The allowable ratio indirectly from t full wages earned, other than of apprentices to journeymen on the job site in any permissible de ctions as set forth in 29 CFR Part craft classification shall not be greater than the ratio 3; . permitted to the contractor as to the entire work (3) hat each laborer or mechanic has force under the registered program. Any worker been paid not I s than the applicable wage rates listed on a payroll at an apprentice wage rate, who and fringe ben s or cash equivalents for the is not registered or otherwise employed as stated classification of % ork performed, as specified in the above, shall be paid not less than the applicable applicable wag etermination incorporated into the wage rate on the wage determination for the contract classification of work actually performed. In (c) T weekly submission of a properly addition, any apprentice performing work on the job executed certifi Lion set forth on the reverse side site in excess of the ratio permitted under the .of Optional For WH-347 shall satisfy the registered program shall be paid not less than the requirement for bmission of the `Statement of applicable wage rate on the wage determination for Compliance" re fired by paragraph A.3.(ii)(b) of this the work actually performed. Where a contractor is section. Performing construction on a project in a locality (d) T falsification of any of the above other than that in which its program is registered, certifications m subject the contractor or the ratios and wage rates (expressed in subcontractor t ivil or criminal prosecution under percentages of the journeyman's hourly rate) Section 1001 of T itle 18 and Section 231 of Title 31 specified in the contractor's or subcontractor's of the United St s Code. registered program shall be observed. Every (iii) Th ontractor or subcontractor shall apprentice must be paid at not less than the rate make the recor required under paragraph AA(i) specified in the registered program for the of this section a ilable for inspection, copying, or apprentice's level of progress, expressed as a transcription by thorized representatives of HUD percentage of the journeymen hourly rate specified or its designee ; he Department of Labor, and in the applicable wage determination. Apprentices shall permit suc epresentatives to interview shall be paid fringe benefits in accordance with the 00860 -Page 11 of 30 YOL_ A6E_ HUD-4010 (2-84) provisions of e apprenticeship program. If the the applicable predetermined rate for the w k apprenticesh program does not specify fringe or performed until an acceptable program is approved pproved benefits, app ntices must be paid the full amount of . . (iii) Equal employment opportunity The fringe benefit listed on the wage determination for . utilization of apprentices, trainees and journeymen the applicable classification. If the Administrator under this part shall be in conformity with the equal determines t t a different practice prevails for the employment opportunity requirements of Executive applicable ap entice classification, fringes shall be Order 11246, as amended and 29 CFR Part 30 paid in accor nce with that determination. In the , . 5. Compliance with Copeland Act event the Bur u of Apprenticeship and Training, or ' requirements. The contractor shall comply with the a State Appr ticeship Agency recognized by the requirements of 29 CFR Part 3 which are Bureau, with ws approval of an apprenticeship incorporated by reference in this contract program, the ntractorwill no longer be permitted . 6. Subcontracts. The contractor or to utilize appr tices at less than the applicable subcontractor will insert in any subcontracts the predetermine bl t irate for the work performed. until an i clauses contained in 29 CFR 5.5(a)(1) through (10) a accep e pr ii T ram s approved. and such other clauses as HUD or its designee may ( ) inees. Except as provided in 29 _ be appropriate instructions require and also a CFR 5.16. tra ees will not be permitted to work at , clause requiring the subcontractors to include these least than the redetermined rate for the work clauses in any lower tier subcontracts. The prime performed unl s they are employed pursuant to contractor shall be responsible for the compliance and individual registered in a program which has by any subcontractor or lower tier subcontractor received prior pproval, evidenced by formal with all the contract clauses in 29 CFR Part 5 5 certification b he U.S. Department of Labor, . . 7. Contract termination; debarment A Employment d Training Administration. the ratio . breach of the contract clauses in 29 CFR 5 5 ma of trainees to j rneymen on the job site shall not be . y be grounds for termination of the contract and fo greater'than p mitted under the plan approved by , r debarment as a contractor and a subcontractor as the Employme and Training Administration. Every provided in 29 CFR 5.12 trainee must b paid at not less than the rate . 8. Compliance with Davis-Bacon and specified in th pproved program for the trainee's Related Act Requirements. All rulings and level of progre expressed as a percentage of the interpretations of the David-Bacon and Related Acts journeyman h rly rate specified in the applicable contained in 29 CFR Parts 1, 3 and 5 are herein wage determi tion. Trainees shall be, paid fringe , incorporated by reference in this contract benefits in acc dance with the provisions of the 9. Disputes concerning labor standards trainee progra If the trainee program does not . Disputes arising out of the labor standards mention fringe nefits, trainees shall be paid the provisions of this contract shall not be subject to the full amount of ge benefits listed on the wage general disputes clause of this contract Such determination less the Administrator of the Wage . disputes shall be resolved in accordance with the and Hour Divis n determines that there is an procedures of the Department of Labor set forth in apprenticeship rograrn associated with the 29 CFR Parts 5, 6, and 7. Disputes within the corresponding urneyman wage rate on the wage meaning of this clause include disputes between the determination ich provides for less than full fringe contractor (or any of its subcontractors) and HUD or benefits for ap entices. Any employee listed on its designee, the U.S. Department of Labor or the the payroll at a ainee rate who is not registered , employees or their representatives and participatin in a training plan approved by the . 10. (i) Certification of Eligibility. By entering Employment a paid not less th Training Administration shall be the applicable wage rate on the into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an wage determin on for the work actually performed. interest in the contractor's firm is a person or firm In addition, any ainee performing work on the job ineligible to be awarded Government contracts by site in excess o he ratio permitted under the . virtue of Section 3(a) of the Davis-Bacon Act or 29 registered prop m shall be paid not less than the CFR 5.12(a)(1) or to be awarded Government applicable wag ate on the wage determination for contracts by virtue of Section 3(a) of the Davis- the work actual) performed. In the event the Bacon Act or 29 CFR 5.12(a)(1) or to be awarded Employment an Training Administration withdraws HUD contracts or participate in HUD programs approval of a tr ing program, the contractor will no pursuant to 24 CFR Part 24 longer be permi t,ed to utilize trainees at less than . (ii) No part of this contract shall be subcontracted to any person or firm ineligible for 00860 - Page 12 of 30 HUD-4010 (2-84) award of a gov nment contract by virtue of Section forth in subparagraph (1) of this 3(a) of the Davis Bacon Act or 29 CFR 5.12(a)(1) or paragraph, in the sum of $10 for each calendar d to be awarded 11 programs purs D contracts or participate in HUD nt to 24 CFR Part 24 ay on which such individual was required or permitted to work in (iii) Th . enalty for making false statements . excess of eight hours or in excess of the standard workweek of forty hours without is prescribed in 1001. Addition i e U.S. Criminal Code, 18 U.S.C. U.S. Criminal Code Section payment of the overtime wages required by the clause set forth in 1010, Title 18, L Ad , , .S.C.. "Federal Housing ' " subparagraph (1) of this paragraph. (3) Withholding for un aid ministration t "Whoever, fort nsactions , provides in art part purpose of influencing in any p wages and liquidated damages. HUD or its designee shall way the action 'such Administration... makes, ` upon its own action or upon written request of an authorized representative of th utters or publish B is any statement, knowing the ; e Department of Labor withhold or cause to be withh same to be fals . $5,000 or impris . shall be fined not more than ed not more than two years or eld, from any moneys payable on account of work performed b both." , the contractor with the same prime contract, or any other Federally-assisted cont 11. Compla by Employees. ts, Proceedings, or Testimony o laborer or mechanic to whom ract subject to the Contract Work Hours and Safety Standards Act 1 the wage, salary r other labor standards , which is held by the same prime contractor such sums as may be determined to b provisions of this ontract are applicable shall be ` e necessary to satisfy any liabilities of such co t discharged or in against by the C y other manner discriminated tractor or any subcontractor n ractor or subcontractor for unpaid wages and liquidated because such e loyee has filed any complaint or damages as provided in the clause set forth in subparagraph (2) of this a instituted or caus to be instituted any proceeding p ragraph. (4) Subcontracts. The contr t or has testified o proceeding unde s about to testify in any r relating to the labor standards ac or or subcontractor shall insert in any subcontracts the clauses set forth in sub applicable under is Contract to his employer. paragraph (1) through (4) of this paragraph and also a clau B. Contract W Act. As used in t k Hours and Safety Standards 1s paragraph, the terms "laborers` se requiring the subcontractors to include these clauses in any lower tier subcontr t and "mechanics" clude watchmen and guards. ac s. The,prime contractor shall be responsible for compliance b a (1) Overt a requirements. No contractor y ny subcontractor or lower tier subcontractor with the l or subcontractor contractwork whi . ntracting for any part of the ! may require or involve the c auses set forth in subparagraphs (1) through (4) of this paragraph. employment of la rers or mechanics shall require C. Health and Safety O 1 No laborer or or permit any suc workweek in which laborer or mechanic in any he or she is employed on such required to work in surroundings or under working work to work in a ss of eight hours in any conditions which are unsanitary, hazardous, or dangerous to his health and safet a d t i calendar day in 6x c workweek unless ss of forty hours in such ch laborer or mechanic y s e erm ned under construction safety and health standards receives compens ion ata rate not less than one promulgated by the Secretary of Labor by regulation. 1 and one-half time worked in any cal he basic rate of pay for all hours dar day or in excess of forty (2) The Contractor shall comply with all l hours in such wor% eek, whichever is greater. regu ations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (form l 1 (2) Violati j liquidated damag ; liability for unpaid wages; . In the event of any violation er y part 1518) and failure to comply may result in imposition of of the clause set f h in subparagraph (1) of this sanctions pursuant to the-Contract Work Hours and Safety Standards Act (Public Law 91 54 paragraph, the cont , actor and any subcontractor - , 83 Stat.96). responsible theref shall be liable for the unpaid (3) The Contractor shall include the wages. In addition subcontractor shall such contractorand a liable to the. United States (in provisions of this Article in every subcontract so that such provisions will be bindi the case of work dc i of Columbia t e under contract for the District ng on each subcontractor. The contractor shall take such action or a o territory), for liquidat tory, to such District or to such , d damages. Such liquidated with respect to any subcontract as the Secretary of Housing and Urban Development or th S damages shall be individual laborer o puted with respect to each echanic including watchmen e ecretary of Labor shall direct as a means of enforcing such and guards, employ , 'd in violation of the clause set provisions. 00860 -Page 13 of 30 d J1. 5~ vA a l:. (p~ HUD-4010 (2-84) I ART 5---LABOR STANDARDS PRO- VISIONS APPLICABLE TO CON- TRACTS COVERING FEDERALLY FINANCED AND ASSISTED CON- STRUCTION (ALSO LABOR STANDARDS PROVISIONS APPLI- CABLE TO NONCONSTRUCTION CONTRACTS SUBJECT TO THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT d*A-Davis-Bacon and Related Acts ,ProyWons cnd Procedures Purpose and scope. Definitions. § 5.1 5.3-6;4 [Reserved) 5.1 5 Contract provisions and related matters. 5.6 Enforcement. 5.7 Reports to the Secretary 5.8 of Labor. 1-1Qgidated damages under the Work Hours and Safety Stand Contract 5.9 Suspenslon of funds. aria Act 5.10 Restitution, criminal notion. 5.11 DOb~nen 5.12 be ncerningeof wages. proceed 513 Rulings and interpretation. 5.14 Variations, tolerances. and exemptions fxom Parts 1 and 3 of this subtitle and this part. 5.15exeLimmitations, variations, tolerances, and ptions under the Contract Work Hours and Safety Standards Act. 5.16 Training plane a by the ~ pproved or recognized get a lOt ent of Labor prior to Au- 5.17p oigtdlawal of approval of a training ebpW B-Irrj0,Wetation of the Fringe ovWons Of the Davla-flxon Acl 5.20 Scope and significance of W. subpart.. 5.21 [Reserved] 5.22 F feet of the Davis-]3acon fringe bene- flta provision. 5.23 The statutory provisions. 5.24 The basic hourly rate of pay. 5.25 Rate of contribution or cost for fringe benefits. 5.28w w contribution • w • to a trustee or to irrevocably parson,,. 5.27 • • w fund. Plan. or program.-, 5.28 Unfunded plena. 5.29 Specific fringe boneflts. 5.30 TYpas of wage determinations. 5.31 Meeting wage determination tions obliga- . 5.32 Overtime payments. AU7'HORrry: 40 U.S.C. 276a-276a-7; 40 716 C. 276c• 40 U.S.C. =Li : Reorganization Plan No. 14 of 1850. 5 U.S.C. appendix. 5 U.8 C. 801; and the statutes listed In 15.1(a) of this part. SOURCE: 48 FR 19541, Apr. 29. 1983. unless otherwise noted. Subpart A-.Davis-Bacon and Re- lated Acts Provisions and Pro- cedures SOURCE: 48 FR 19540, Apr. 29, 1983, unless otherwise noted. EDMOR1AL Non: Nomenclature changes to Subpart .A appear at 61 FR 19984, May 3, 1996. ^ 16,1 FurPOSe and scope, (a) The regulations contained in this Part are promulgated under the author- ity conferred upon the Secretary of Labor by Reorganization Plan No. 14 of 105 00860 - Page 15 of 30 5~ , L i v a A q u m a d d a' d < q W Q a .d U 19 N d m ki M li .o or v a< v o d a a 0 O ~ 4 ASr of m Ay a~ nc a V a. ~ co o ~ E © t ~ ~ 0 q 0 ^ s Jl ~ U oo x „ b U a O -0 C3 -0 W F aG] O ~ < Y O m k $ o a s° X ag [K o ~ ^v p bo CV 2 n ~ C2 A t4 rom ti 4 ~ N O toy u O O O Sf Q O ~ m b Q O v y O < 4~ al m ~ O O d P 0 d o d m U.~ u •d ~ m qa~ o 'o 0 ~ U ibb skid o o da4.»ooyi .q 0 b ~ V o>a°f~ H oapp~ Vv °o~ ° 'c7 tyu . . . . m.d of uy d oa~i O*pa`4-0 o °~~`too'nJ a.3{ ddma Amd H a w q -Ut g m p C da£., cwt ~>y..m mhCo.a-,~ qy ~s RW O~.a ~~7pp c°!U o ad~~+~ Z-a i AOQ as as+ pua mdal ~.o'c: 1. dmo~ cSO ua~s~mm ..o ° ° m~o~md~mi~N At1omA ~,caucl Hm o♦a~~ .C'd~ as c~~amagR p° d m° Cp y m Q i., m p •d a m c~ -EI P. m t~ ++-yI p .C 02 ~ o .C m .m .A m HC mtitlgpmppu,d ctlim0•o tl~cm.dR ►.Ay< to *du •-+m-p, m .".o c 'd V"d ,gyp ZYm . m ~ qua ° ° d ox~' a. _ g' dlY•U to 0 mU u o t-' a•~ a o l I.U oY uAmtl °bpaiu op O db•qc~a a of2o q~+ a°~a.., aso of q ta~oa t-.~ .b >`"n •`~Ra~i o .N C. ° his +'uddm C, C3 t+P m " 01 o~mFaq^pa°~~'pm° q Ucdp a' t, i>v.rii7 u o y' U094 C.14pa 40 O N YS ..a N I4 4 b O 2-0 O U to;' ~ ap 5" w dCd ° b~° o OZm 74A~o A o Coo ••a R i,a,`C r)„ ate„ p~q mUr, acltl„s a~god~«-2A -'4 •7 %,,j .P, p0'mti~OI 6yg ..ZjCd Atiq~ ~m0°o ~ Mm o po~~. o amu a,.s p.u .4- ~:ycl 0P, 0- Lam ,cy a'At, 6oO0°dd m b+~. °paqu.q m '43 oAd 6 [uq^~ m s,o o., d4 W0Oa'~.N a° Cl a0'"O. a um ° .pmOgm + eu i>HOgV1 m0° 7 t-_•°o~' °°cl .c7+g~ Jq° ad~~5+ ma4° m d u U u ~ 00 U u d G~goa~ m,,qq qt'° ,gym oJacd~ v•d uo a qmm q m u fi'~mp~ ai m~oodyiimUpe°~o m©M~(1A~s. m' um=+~`m'°ao mai°y°Ho°c1~+ 54 'om pP,~~- >ado°gq~mpbq.doomei'0a4bCam t~i~1°~lypa>~©p +s a~o~p,°F mC>O q Co o rq m o u ti t] .iy Co 41 m tl2 q ~t •cy ^ q m Ulclld CA .a C')4-"HM AGA< E 11 Iv ml a'gip a~S2q"•~a~ m..°s•°«~ydiASIn.-.C 1° P dAmud o2 al mU m.0 m:o 01 Er ami adi R,O fi o M y o m N 0 o ai oa C : A o o5 13 CO or o $ otiQp~¢ ~ a o o q a7 w . . ~ . H >w a o Am y~mm o., " am f_a`-' o~2S °n `°n i+y R > d U m o p v s' ° oA~ nm~ Oa'oo o~ " Q oM v° f' eQ-:j" :AS a+ o~ uo o m°° _ ay d 'pow o b~ u•-~ to' a~.-.m <Po; n o as 4 a Ma m 07 d u H O~ c < P ud O a o Li p^ u go pQ Y.+U om uU`~ iL p^<o ~°r oU"'o ".~M c~•°' U~~ O m o ° oAm o o t°2a~ •p~ o obov rx0?p p ~ U°.°.aj e.w HA mc'v ate, U p:do°aw (r°,~C° ~U o o o ° ° n~ ~tA~ a °p< O o.•-. Ofi^ A t°- tty~ m'C1 fa m (nm om ~ F ~ ° ~ C~ o>r o A ° °a o m~ u 7 rd ° i' apj<".'~.. w A8o ° op °p a a ua>A&~yv.,~,,y v .o 'o ,y o n oP N a'~.: j U a0a~ ^fq$9 o~ A-. p?a`~vo ° Uw° a' (j gm$ Ja dq$ a,'7oa° ay.`Yi.$ .Av1'3a Cy`^dlsnc0omnayo~~s:p~ -0~o~ato°OO~~„nW.7~o,tcyiw m0 om w Feu d ~o Vo..~~<~~ y~W,:.~]oa (a ma c° Zia" -+ag l,p oo~Tr JC:~pd00 m~ _ qqv °vuaq} 7n Oy u a.., ~...0 u.m o td N~"'o orb aa~~g 4 t+ U t~Sa O a -+ra Ubo°`' 0'6''°j A,o p'3 ~yaigax Wma. anU < a'•,: R.~oa m C.oUo m nu .`F Y~ r V O E fD ~ d I TJ U m ~,~r ilea~rnW ~jasaa~25~ a]°h9ai OQ A~ qU:.U~ a.`30Sa4wr[C~11 sg Via °q'gm "'q a3 O r C9 U a' O° ~ .-a q A ° ° N A o m o m ..y p°Y omU~aumo Qr o UUo~o a.R~ •r ftJ camel up•y ~M pss^m°mq P n ^ O OQ M = V.-... M r, t ti aQ. G F A - r`~ t" o m u o' °°>m~cupapE o^_ °o -t p$a~°o 6 m~~ti '~n .GF7ocio 4a oo., a~`v~m . ~v aa4 og o..pA-].`1.•do ma° . to m.. vAs'io .o v °^m d m v -x a~ ErAr~`• a,~• ~x,°n,~~ W n m ~p~'"~ p o o<d m..p 0 A o .gaga M as a,. oai W g o- ,^:4Fk z-°.~a m Acp~a~ m clv p ,5a o-yaA Aqm P <~"°~<' g#$< °ca~~~$p ° 5~ ° °~~sA~ Aye <F .'O..n ouR ~O dU o oCi .SU o:l~ n0~ °.^.~dP o-Q~ ~ o F O o`.y v° q0 d~ 083 0+ .po~U. im ...m n^y< m mm !~p^^nm m '°Wp "vOV bS A=~-.~m <ti b ao at: .a.. d to o 3 <:3 cV p~v° `O V~ 0~;&-i] o °''i An <o o o' C1 L1 dru d5^-6 d.~. ~•-~tOt,,M.~r. oo ° ~c,~ f1~ pp o~ a'v a `.oP mA^ U o0 ♦..p a ° as ~a7 <o oti ODv•$ OS .5 v `mo ° cam U{pp8c. q 9Vj x o °o o°o ~Por o°°t° ca c Vcl o~~S o~ c7 x~~a~ m oS ~p o~ v1° Qio ,v v Nyai o ai oLS a"~a c+a E ~o U.. •<^ca a a N o vv o- op^~°U teoC °n~ ~yo a nA_< o'oa3 co ^A~Q- m a n a a~„y o va;°s 64.% ed. m U~ma ao y ~gC;:j 4' ~~~r$m ° ~yUEno] ~~eQQem ax° ° o a o Paamp as° v O~ Q< t o° pwmQr7~ N °a? 3mRip p ooa49 ~$pn GaSd ~l.:3 ate; U7 o.-.V m xaU OO+ a o.+A°C~PPOo Q n ~ ~A oCU .°.v Q o.y .-!p-~ Ulpn pm~o ©p'Kpd e0dOlur 70 uo V QQrA~pf poo I O$'O Oyi n~lym.°. aail0 xo~VN~+{. Vy °^V `o nr { o m co ° m°O.'Emv° TbmQ m~ A° ao o m -a n~ g aoP<~ .'~Gm m a { ~..o oa oatia o :1.3rZ 7.5:3Vva. ox.`alem omPx gp aV a°3 •a a •-o0 0 0•-0.0 o '13 a o°ys>O0 _n...^.°o~°o s~m E..ao "~'S0 . QSAf o a~Cpoo.'~ta aC~o •~s~s ~ ^ aoq9 c+~,~ Boa.{ q•"' ~ mPs0Ud~°,,0." d°ds`--Oa ,eaoO~ d<"'m~pQmPA-4 t-O .p" °po oa4~~0p •m a3 pA7g2<' •t;~~.zA',~3SGomV ~m '7'oN►l~~Ac$`'m0,d.'-~°x^Ao mG1'ao'emmQ"iae iv ~2~oc+^~w~Faoom°ocElciO»9'c9NgCd .,+E68Z Itjgaarao~~°M"m~o°cT'°o yr O Or is f-i c$ no0I as mar .02 P d A.+ OP "n a.+ clm m tTS Un O O~+ . p. A p~p o m y~p o a m aan o a y _ 'i ~yOamd U y .4 °°A ;3 0.1 ftU a~ Oaa' P, ~y o~ s'MO 7c~ V ~ q~ 03 v c A < y b! t y d c F7 p v o 'O < 8S ca mr'7 m vW :1.0 0 1 pv a a+ ! ~COeee"yyy oU m s~ W y^p p n^ . d 0 V L ti so G: m' O O s~y7 tly r. Gn ^ O a `Oa p Y m ~ ;Oa~ .~t'9S a, d u o .a ° v m V ~j a~a ~Q'v a C u Aopr. .v N ' - .^a aa3 E~ a m ao e a aQv > Xaq~ o~ o W a or7° u w t'•d ° a.n d ~mp° °lo aQ .~.~A a°.m u° on o aimUo a~P QCS aq °.+a dmPp d ti-~ g r a c^°. r °~ooo a~ u ur. ~,'o~, ppp ~"'.m mp 7om OCU~ pyCV~ a.s O m a m O 02 a no, ci~ °°^o~ ~U o oc- p k m ° O $c- 0 4~ 0 010° a.~. oV ap.i G;o vW o ,Q, afV >'n y pC1 a~:op m . Um H~ O a u>'m.7rlow dWOagc aE~SeAm3 •O m~ CS al g- a"i y.a U Muij 0P"~poo vP _m GQ,OA ~p q ub ~ p 0 ~.O m tx.U~ °o Qp 0^ W vmi. ~N d~ y ~''fjmtyb o~ •y~ °^a ~aa 7~ ~~vm Q~ym y~o..t.~C oo, o3mapo0q.po`rm oti aw aQpaaW°CAa'oE°bmmm°v US<~WIISm.~3 d Fdal s~d 0 ..vp"'mQ o a dooa.-.~~ Vy~ o©A< t7 aU o L.. p OOm .v p a.. ~r Pt'~oa-a domco9d o00 a a.. AC i.u o q p <p~.~~ C<.N ol~ pai QOAMW U Oac r ^wo£Z'o ~p umC '°m `P oMp~ or 0 d ` ~>,N 10 V <A m d a d < " G d a O E nW d q.p u e=eU<c'.SOap pUJro ~'r Gn anao dodo ;a~~•oab<a qq 4^c- < E" d .O 000 0 +a mO Ad.C a0.T-• m O 7 M P E a~ 4.:o u as r. as u.0 0 ~u o E~ 4 t. O E V V4 m~:GA~ E O O "0O a1 v d m.C o nay G1 O {~.~w.~-. 7 o a N d u... ~~cc p~ad.r o.Q O mO tp n._. dF GO<.~• o~cC M°soO.s'Cd Ha~"c°~H qze=pxanx^FCiv oCi '.7o-vaz<~.z~EW oa~"p°I3o^q~°~s aCj'$~~v<bn ovFn .a o ~ti ri s.'~al .ef O.ox ~►U,ag Fo'o o n..oo..YSa °oA v:i m 2 l U « °a^<ou 0 00860 - Page 16 of 30 W b U q ~ U a M ~m~tlo m J m H mL-. a~ •d . tgy~ m ~1 oN3 ,H HvIP6 0 0 A 0 5 ~l a i 1 16 o y U 4i mp l ~ 5 b d W o m A_ d g~ o J O m a a o v o m } ff ~Wo 1 y X' 1 y ~ 4 w 0 O d b t a O M S y H Hmo,o v ov 3 'aJ' ° o 0 V..t. Vd m d C,d.°I _ z Hmw y N ° o O w 0 N O o U m Z;° Q o IOU .0 q~ W O O U:1 mxi m~ m o t' S. y p ~ ct ~ ~ qa5 i> o+m-+ H p y O c&m~ " o m ° cl i "t C~ q oOU4°r " anon; m ` N d O . veldt. a=1mm q n Oa Z7 d b O a O m u c. m m; c. ~cood..a~>,>3oeo~abott,-~ ovov~ppv pa mm~r: :a a:4cooaC~i.~a o. d, ,+Cm_pddHOgm~,•.c..d ~ot7r.''d d~ ?7 .~Jl dq o0 H HA •p A - A t7 Y a0 y 'M,a .d a 17 y off p •a' U a• ° u n O m q u U OP~2.~AA~Aya.. mmo A ~o3~~o~a~~dMaAt. ~a~PVyo~L+Pm~.yp n a ~o mm>oqamgm OA O mo ,t+ m o d m t+ q+s d gs~bp a oS d A.° o ° o P a g o q Si d ~ d o~ d ca ag-po am d R o A o o q s~ a.+ Q •d m oQ ~a to Ad~~Ny~t°~ °o~tia~PgA°d~,p tocl~~•a d° pd4+dgoAgO '2A, ° mod c]-0. o`{oo p .~y°oH•dq .Stgm °O_...,,v p d u F2 o O m c... m U1 Jd A••'' p A o t' a-~ p b a° .ice a.a .~.a V o b d m U Pia ~m +~p+~'+c°iapda,bomaU.,dm 0Vla,om~0 q.. d m pVpU s,od~mit'0cd HSiti°d aO~ga~oo tjoo~~T o•°d tlY P° a yy° o tl, 14 mops°.~mmQ+'~ v .O'8ilo..-.omt. aF, ba m m., AP Ma d'•~~ HPaO m P"b.q •d+~ o N m ~ dam es Rp, qp aaaa3333 M mH Qa~ CY e~V, qy d ~ tt44- CA°c>i~~omOP ~°a OgqoU S~dp od R,1 >'°q~ a~Q °oooyym cc]] ° pp m ~ o° Qd^ °O ~moiq,dt'' ppl, Qao~o Cl OaO~~bqR •:-7. Pd vow Ao^•8p0 ~mp~0ad°°a'°~°O UmoH~~-*~$y 51 a, ~ pdm ~ q,~]qpo r- °>,qy v "m to 94 ~ o t7g6' cy myaAazf~d°"mFO d d~d~gt~dmg Qoi+tlopf7Pdud O'., C"go+~~a zyad"ma d RfN °py o ; yo m~+ym°aq'to mm W0 gmoH~ .2w as 3 t; .0 34 °.o moOHgaNamad°'N qy []o'o° U a Pf~-a°"[]~ .sf 0 o+m~dq°m~+t°'Go~~7tiBdvAc°+m~"iddq.~p°°Vcm,~pa°o° 4 A P d a-> to o R 6o P q A O o tl q P r~ o o ~ 'd Q a~ d p p. u ,q ~ ,my ~ -d A -•d H>,am 'VAS'''.0 . . %,,~']'NI'SE>'o q-0W d0 gy•d b~m~'mmd' d om od t , o°O+gam id°y `Omar-g&.y m4m ...~yAO~• ° qm d m do°s. q JP Aa~ a o m'O V4 a~ o d •d a a~ . p p m m m" i'., did~ m mti~+m d mQ wm'~a°.° gH~°, ° ~a~ do taU~.egbdm o °waS7 O am.-+ m'8 H u ta..., m M H 14 av t°i ~ 0 ~ Q"q'' 0 ° q•O,°~ m m P'°"..i m p ~,.i t~~ O g ON a o q A~ m At~' ~P 0 H A ata•-+ Ppmy~ oaa•dO U opqIO omd.°d~OAi~pNAd~q~~noa~aa c~3+~o3~i o°a o m o m 4 v d° c~ ~y d~ a+~ m m ° m q o ai aT". O G d o- m a~ o LnN ad o m~0bz u~•d°p 14 14' o F' ° "t'•t~r'a.u o °0d r'o o Fay OCSt. pm"~ ,,mvCami°msm.>a m° CL. momo0 W q m b 0Hyd~;~ '['.o om ~o[amac~pcG!oa.:vd~.s.3aP,at+~ q Ot°a oP o°P o°dvd°~m I. O O° d", u°aOlCuodXa ° oP -Z dd°v t7~ 0 u.aaam.~H..o 3p U ma a o a o m m o o m-0 ° tAf7oov Xp•~°tm°mp a~ o P b p poi g 5 0 a m N d i' ° s+ a F•7 m a b m v+ u C " d m d a~ a a. P o v ~•i R'.°. cY - g pe of u m m F o up p o$ i~ .dm P yl m m •c~ w m m q •~7 f7 O O Cl a b - 0 aid A o tl 'o. q aS .y, ~p ~ O d ~ m at ~ m a 'c7 N 6 . ; ~ ;'o " P H V O ° ~.a~q',o+p~~ a° 'n~mo.-d mo °gs~~,`~m."3a~Wy~ "Q'•O °a .c!>► s. ~t,uf1 JCO•U F1uao -00 9 APpa-.,~oPdaS t. mYeo~ad,°.am ei3uPa Agy $N it P aim g pp ag P py AyHV$gdma ~m-• ~~•tlt~~t 00 p•OQ °a VPm~ 'Z', Qsa.'4 a•d °0 d%' m•C-m ° ° m ~~A m dr Ups of m 0•° m g d _>,o~;',,. ppn°~~~' ~qo q °vr7ti 3 q~.-m ~p•~'~Pd 'd~7 SQ m nt°' Pd~.~.. dd, o daqq.~ti° fI o a°Aa .8 q [.O da>Ao 0Poo q~+~-gsuwagA UaMi UT''AOEI olp RO~aa~a~ Va`3~o rl O U.~lnd o3s. •.-.uL7v3...$ia oY olaoygv aso c~mrabCD oool~"c`io'3~ o> d m a°>m"a e3°~ a.~ m Om p>•.. a'gmm ~m~tl tltlW -0-0 Ha a v o°° ° . -omat0o° .F ~Pf7 F'o ~n_~~o •m•~.,~W m> °OjOn '1A~ n q q1~ a7~ m a0 ~m mt+b ~iL'q a'°t U+'q mpma6 as a~i -y 000 V•~(~ t•t'~a AP°~aO.iPa-~ b •~~°ooSamPq C~70~q mm°qiyppmom P R` ~ Onq'oO dNaa.0 fM" p aS an d OU 'U o f 2 o o P U cyi u F 0.rn a u m fy° p.. m ~ m.a~ mtq° o 0 . c. m O~qm dF Ub•"m..>.pmma~''i_,a`FC b0 aa~m~- o OYaT7a[: a~+y m o,o ~°:1 0domPdvd". ~,.y~Op~O~~oA >0 -OO ga~°mi,. cd ~ ~Ags'42V, ° vo o •y dmm p.4'r aV d•oq tima',.~ o^vvF _ .~cy vooovm~ oq°° oU03 I '.4°°;, '~Ht~o9°m~o t, bim~'u'.''.• Jb P°° m0v odPryUa~c•~.a odm~atf.i~dv0`Mga" oq°Smq ~mdo 0 "°'P_'fm1 'S0 00 H N►d. °~o-•a+•op f-. Qw... b.tl3dt, •mq qEo idmCjr.p °tlk.~tl Pt' oCa " ~.~~m ~ a Eopmmcl 41 °p7gpO~ajtmoOAOm O~tiC.=gy m Q~.~~d.,°t7ory oAVPg'~pd{~..CH qmq~~ ~'aaa Ht4'a HtiO0~OmMm D m a 0 .°i-i o 3 w o',~ ` R m ° o b U N o o a~ d o s t°. ° " m 0 O i~ C6 ^ a 0 x>,.~ >,o-.00 tl .Cav qmm mg°'o mo0+dova..C 00 as d T pF v as ~Wogmq u~rOW°~ " 'q G ta4.="'aNa~0•>id3v'~'cV Ca CP•,"„~mgta~aHiumwwap t 't70 'Ym•t~m°E..+E..Am ov pvvdm00 Um~ ~,0 ° qa o•COP'Oggm~d"'• vti H~iim •U.-.~.O vmq~Gdga 33 EgxC> o.~ movlgm3c°>c°~~ggAc°~ov3'qumk~v'a~ °o c°~°o OC mbuO eq7~bmV~ .ly m.-•~1 • c' - ~taa'myg0u mo3 F~7m0Pa~~d~"O•o~gq~m. pFiovpd_q~V.a.+~bo Hy~do>,d ° °oo d m>,u"d~tia-•.~ a~^m m.,dm sdat3 wd ~wavoba~~w dA~d~y~ F7 o m A~° A Eo mFp W' >4i ~ M g t ca t" ~ t' Pqb m° a a C m m m 4 ti ti m O m q .O d u O a m ' q m u P m c~ ai ° 'o 3 dd t .q_ vgeo Cva. at dbHOO-, d~ b on cdba d~ .0 •°.mm udm0~0~d tq,r°.~dmO P~ 0 •du0a~c°i~ q o~~ ."aaQOm~°3Umtid"oqo::AMti.~yo°Pdgaat~~~O~ai,~mm-0yoqmgomt°,Km m dtlg~a ~t+ °padm°~ aa'"o m o mVUg„°jq~ d..Omoc'„ygo q +'d34 pmdauVI Oddo,°pc'~-'.°~ ©°;,~OC' d 0 Op m„ p °Sa14 >d ,tl ma o.-. a p wyHm~-' 3 mA0 v 1`4 d00m .iy'omPa omFpFO.FAr•m2 3mdgmu~ ~ gFmu~ot»rn.y.-.-+~ .'-d°'apgL. mac o ,L+m tlad m m0 gO > m..d F t+- amt ° tl H m mq"'d a goa,mry ao O N mR .C ~o Cd o a 'C', "La a t" ~00N m d- pm'°ym> A.°.Pm.a-.c:^a•Cio D`~^adi0b~amim-1 a~o$_ gAao.qm utp , p ~o° ao t qF ~FaO ma adF dm%ad°coir°X•aE d o ° ~ gq to>gAb~~gPmc°7f°.y°di''mmd,qu :oa~>.[m Aom~~ ° t• mm C O_° $mody a°~t"d UN"g°uAP.[mo Au3m''U 3 pp A~U mtam adif v aid q~Td X d.~ oss.~ "==3 um' c mmC- o q~4 ° q >'cm.mq©O+m',a. .mC ~ -.G.t~c,7~ ~aa O dF~..v~y~~~ai mcqc~~c! c. ty °au mm.°iy f~~pocm.pd qOx O~Odo~admq~°Fyand3Zb oO° a0 m~`t"~i7 OG, - O my FmmGL aAa p,,F•~,°FOd mmPm HXL~7 .~"la~m cd dmc.AFtad mRyadn c. 4i q- moi m.0 E mm as m a 0 G x ~ m F q is Q m~ A a O R t) g~ d i' b O ° 5 U b p'C O c. i o '0 °_uCmi< 0~i.^" d 7^.=uCr"aP..°~aai -A~o av1.°aCmm•°xmm-.~`'.miriN c.o C1V~'d" mvmmd~ ►•od•-•matA- JO an° d E Ei °t. F i ^at'OeiuS~do ..a.g-.^.q pd C... nn mq q...^d wc. m0^ c.pO FP O-4 m°vFgv m3ta~A m o•doa.•.aA ~COOa,~sy~°,dy~y;~°,o I a is u 00860 Page. 17 of 30 5fS lln4 O r-i co 0 r-1 '°m q=+v m~+ r aA o y ppA~ A o~ o o p ci o tf t~ o~ j' r" ' m cf r cl .,4' O° o r r Lr ° °='Cr A•~ ° d U A O m g qc, A0y you«v a uq•ov~a°Q p•rlmtrlo c: .^`'bo 6ou o e o-. L7 E! ouo-+0lygd to©o^-',mp and ~ Q'~d~-'o °WvQm a, Oo.~ d - o O m°er Mo d ~ p HoOod ty~m~ooAV~mo °d+'$ mui~~ ga,~oo~? om~Cpr o! v y~ a' y o i. 0 °rq m m a' Q A p ST. U O o3 'O i. 'd m as d m N O H d L: A X+' m y+~ d v A u m OJ' m .V d1 0 0°bo•,q Um o .C°'n~b41 Q u o &~...mw~ t, ° m y .y bo a ,.s M o ~p of v 43 4. o p v c. A out ~d t7 mumc, O°eFis FT7ur°~g g F, gaoi~^b m°oG ~p+pgo+.e~O g 0o uoq muo A r4 .,to.d^'bou° ° q oooV 4o07~►Cutlgy~ m$ .~v,y a'i, t+ m a~ C1 t; pp o A-' m'~" A q> o a o o ° a o q AV m S i'oyo° Ud°i,.u•fi a- C3-Bo 0mo a Vuo s. D, uEA" °$o Amy Uma3,o,-•oi ~a .u p m oq ° a f7 q m o 07 A q c~7i " p$ cr m m o s. q"_ « o q w .rJ o t-r oS 0 Ao,r,R qR~ dJ~loof. mo.gb'~.u mtae ~1 m-r d .r.'-da~ tp ya m pdddp.6 m~gagRd~aN d~ R o J ovt+,rgdOFO~(om,OOSNA t, v y O m o m z7 -r o p m Ll cccJ~~`iii ° 0A F7 0 m m d° .u d° o s. v ,cy a o r-r o o - 0 N ,g ° R m 3° o o ~cl .C, A i mu o ee u _ ,b v pp~A.... ap°t^+4oiu+u~'ovop+° u+v.~.u ou~ i~bpomcdi ~dtlQ na uul.' p p q O.r m pqo 5 q> m C10430 d g,~. otYd A R r. m q m tf poi v i~-,0.~'~ >a r o U Ca~ ©o mpdq~,., R 0 Jqb ao a0 "r mo o ut'p i' t, m m° mi qd ~.'g, ~ ou« ooed -0 gmo+•r, at 01, u oo k > 41 93 ~mmod$ wd ° a m Am "t00 ya C;4 r-~W >.u empRyO~m iaav~y ~pyo m.•.,+q1 d°r°..RO u ry~ptptf'. r+ d4) Z1°±td-rm 'A diA«~nt it d~~c-7 puC3~°tf'CRm +tmi'gO ~~a~i OamO •OV~,pompjq p~py p~''^ ggyH~°+~d m~~,{p~'JOmat s'2'c^~~m7$q"•t~°m$O"mvpm A~ om cl, u~ . ;,:.q~~ OO mcS Bo • .q0 uO ~jymdm O.d~y ~~^p~.0 pO HS4~i~.im~ .dA N HG O["'tml oSy t+gd~i0i t,mm Ooi m q •--r o v A O m o V d m v Q 1~ p ca o •V ^ A O eo •q 'C7 U t.~~+d33~ .4"-0-, ~7VLapd~c q°, o oofylu Orr q S. drl cd~Z~•A.dt'"° t''mUt-~ ~A s.d o m f~rDm ' ovv r r r " °-°++o,00dvC. °U~'mvu ~ m~tpm cr .0 0 0 0 x m m t-' ~i.r°3 m •c7 O p o a~ A d y p m +,m t,od~mgoa "A dg°~+Qd o °~cdi~~~^a~bdgo+5~ pd m u q o ti' q o d ~ 0 o A ' v r O a O r r *'i 14 ° d m "C' V t.; .q '[Y p t, m ° O r. ,cy ° U m 0 >+,c7 00 `Q- o o ° S 'o q ,p u m rb a°. m u m o u do A 'mot o. m rC H a7 d ~°q i' cm. ^ o p ' A C m *0 p Psi cyav,m,~ c °i cy °o~Q m G~oSo pboo d „ t : gl ci+2 °Orr°d tigg~+UAg ~~°brR~u q «vp Om ©d ..~6 ° d don°o~'mN°`gymm;,v' Q ~Qggd~ga~d~Som,q°oU dq QAgs •uH d W m "A o d u m a° OU°'omDar''~+mm ~$Vm>,'t7 C1'O+,iu~•om pp °'~u•° d°t~ t,o t`".~'.^ygy'p.•~0 U ID ~ O ai dt~dy UmAd 0p.-ay a00~ m d AOm A uL:Om d be 403 d d mu _qm °m^~.m..dm>uv. •civ u dmu U " .Vb~ O ua m .0. ~ dm'ayA~'0'ga~~Ap ° C-- o ~m~° °7m~gm<7 $q V +m a~ o mR $d o Da m s QQ 0 d m u-, .•r > S! U .SQ O O D~ Tl is ,0 d t, ^.1.d t, .q ^ u m tY .G. 0.17 O .O p r VA '-di~© muuv~dm.. Uou day VA t doA0Q n ud nc~o to ~•:q m o ,N o ti d F. A F o o v -y o u 0 O d u q m m .C ° '.0.0:.7-.. -m ° g c3 ° O gt1 -.~T:« N $ o a'd .0A oA d M. q •O o~° °~L, d ~ 1-~W~~'a d F 3 60A~ O'•1' tnO d tl q mUu O qra o U~u oo ,,m ~a1 a.~ Fq°o t~.,«: s.pp ~,•c7p,U^'up~o t7 t7V va_O V °mp u qo m0bo'~ .0 ,q~ac' qo°! m q U 3 C [aa A m m uq u.: Y o gd t, 0 m~po orb -2t+'}}o~a~yla0c7^N•~q dcZ oppp mom, ppu••mQ~go ppm m~7d^ ~V .'m d-~~~ gHraO 0.mgt.°u pCi i'~ at d _+m, ~fl°~obo ~ m .tltla~i qm~'"m O ~pp dp ~m ~~gqmupt4j. C~1dW c7,-+~, m~gdUo InA a°.+mgmucp~do°tA-°p•~amw« nN : uQ~m +',p qd Ra•V.. Ur~fb~ oo .4 aLyo° 0pA p2 4-t OF m1~ A _my r0 q~~dm °po~ ° m ° eeqi~~ It ~l;goi r~ °+cYq d m~r'ot7~uRi Y Au•pm AOm .c1 ugoU~o .`J ma~p~a~^° r U,-.uaa u ~,Q aa°.ra oy U ~"vF°i 0vp q qqo a~.gqtl m~ p Amid.~q mt~7 y.0 Op a'PO R d o° d c°i d r`t v a•s~7 of ~.'b, d.~ b ° d t°-. Od sd.°~u ~wgpt~-.a •v !>eemam mD, u m tiuorq ogoAmdit,~ d °'d m«.cot7J-1.-,?So~o.ooai'O~~ommmd .av r om mix $v m m 0 0 q u at b A b N u u u m o m p ql u g q c1 O m a «vr~ m a . w V4, -a o g--o mdw^q'm't.°ap%At~,~~p~gggmv~U Um m°: °opy,~~^« • L .0 .iy m t. p •'d «•F., 0 (x, o k, t„i m : O u A d $ v ° " c°~{ ami m r-7 of q a of lam' o p v o'd 1~ d do u 4~+d^ Farr udoA~m. uyoda, odo t° 0a OW. ggb,va.v..,~ddtiymo ma-"uaorn"tyma~p~y ° F3o Vm~ o r 7 u OOd AUq Oq OA OOp Vmm?,u~-.^ouu.-, m q._O- °o3vm b>ipd a'bv~., o ,C y V"ia. s..FO Uydt,~Q dmVdO't. 'O Oq°m m°~qF t-" a~^03Ufa ,-r N ududN~.dda~V Od.O Hqy p` n O rd..~td-, ~EoF•--,u4c-cdd)mfO.pdmd O9°RU O'O vG1~~O Q 0mNUC t, 3^m~~u toq m~~u uOgi'u cmX q„mua my°p °F''dcm ~m 'V o u p m p° a~ >,,q u w d o ° o 0 0 .0 - m~ u- U m° ° d $0° X° V s m > om~ dSlcyti«0 ba0. „dpg3- .0 dpmom0C,C, ooFmOo _ u C- t+md'd U^m07O°F~UUq °n mq~ 0'O ~A AC. m~,G m^•'l."d uOf]nF. Appgpo t+u d '.1' bpvR m o ~u m u F m O41 A m A p m (zrp dOw 7r•~. m -,Rno-o gm Um obF i~. ~U.ou- 14 b 4CD 4D C, ID -4 [Y ° Or'0O 0-f!~dp}I.m.mmd.°s.m ° pA U 0p 0pj°Omap,G ^J. F°a~u+C C°$O A'°Q F.b n+'m°O a+ ~A F%'dp Aoa~Fbm~mo° AUa~aG, y op°°rG°ot uu°~o U tt'ppQ oa w#u°o4mn otiu .4o IN °goOdvOmm «n0°qu-;o4- r:mion 041 0 N 1 Uq ;g >,,a AJOq"~u0gp•°0AC2 O'mOOFub mu oiam °yAp 41V•7Ut"1dp d°moN^".OM 'ducf+' o^+ .uO~~..,p17d«m:~nro 0p dd^u b b d 0g~«~A~t'doggoudp«>'yq~d;.. quomo p auO,dc.c~ dm+t_FC~Fm. e(Ada~PH,gq > 14 C, .a m°HU q.FO oc°ido~om~u0 o- `°E°fx- , 9"Zvot°~. laaa d~~at"e2 my F~~>-mu &B:A y d 7s'7 V A dd 0 C! uA 1°i ra AAmQa~.+N3 dp OV 0A°dt+0o _ p Ruu-mUarroAouu Orcq. mdm °«pgmAb~bA+Sgr~m'm.'' ' ~gndOOm v as O.Q e' p"au#A Cd 0EC'b0 a°;u HOU.•r m rt, r r qm r y, r r r r~ m r-i. m y0 m Og A m4Z'i= A°t,p>...d 0 dU upmu .F., mE°V 0u d y. FHJ ~ q ua cd. ° o u o p t' o m o ° A w d v - :D;' ID id ' A O.Q .3 OD 0 > CA do d Aov - 11 m A g° v° 3 a Q-• A V t' d '0U u F O °S di k u ° _V O iy O V O V n V .00 g A 0 m 0 O 02 L: E .Fg0bo o p n uu a°iamAmuO.-.;,um m00 .boCdboo.~#moo ,°o p C Vpy m>,Km~ mCuOd'd"0do~dmao+JC'N+aOL.d°OZ~UtdFi+F+~m ~pF«~roy o,mr, ~a 9. a~OR ~ mA°Cf'gt°,c°r~~odgc~iEmetP'Cr:l ID+~m Q OA 0- w8 A 3 ] o y U .1 ool'0 r- c o ca S a o F~ ~ a o~ m air V y d w^ w g y m ~m 0idas ~.0Ew~md{{.,,Fav TO o^d °FgF0 pd,0 d~~r0 C$ °mm 2 100.F ami op. 25 ~p"~ U RO duets z7° u~II>~>rbe 020 tldF000•.'b soh -.0 R.Ab O~~.d {AO°=6.2 far O4> m opp 0O0~~ O AO•°4 bo 0V 0- oa, i,v3 m.1 C7 tlA F mo °u ° o>, c: -,o P e c A'o d.^~ O u du° 3 ~~aA O. Um OA.O -..d mF•° OU 0 _ op d q-0 a.. lc A.' Cuu~.F~apF~' a- .dA~o EAU: ~v O d~'s.p td.. .d',00 ~0Q °CddOt7A °u«ato" no'w moAo o0tl o>QdC <>23 zev° o_ u ° ct n . t. _Q,ou+tm w °p O7 °rti o° o u3u Arc W 0 E ° p a q0 p a Ad p u- U q A 0 ..d, 'm'' d o m ne L. C3 ~ ° 0 1+ y O C a .d. o .°C O rO" d m 4 " ^ '7 t O O O ° a' q d 4 p, C m f O, m g o' as o O Q o p .i~ v o A t_. t-, d R o A 7 ° o C C d O C m 'o O •p~ 00 4 epo 4 C° m O n ".E d q~+ p E -8 a: O i-. 0 y ° O O m o C a C C ~~G!: ,O C O o u C d e. 0 ie~---1 t, t~ tb~ y m7 v U 0 3 !a 4 J X V V Q J7 4 V d v q G d 1] Q~ U m by m S 1 d U a•-' p O a V ~ m 0 N C u r'+, reF. f...-. G Oe 00860 - Page 18 of 30 5 m m b .C : F m / u O d o~>r0 _ m U i> cS j> 0 ow m ° o 0 d 91 s ac o ~ ~ m T J : O ~ ° d i Cmj O U ~ > W a N > A v m - i 00 dm AO ° ~ tl 0 ~ ~A 1 ~ ci tl ' p to m0.oi' ~ o 1r. n c _O U W P m 7 N oe LL. - U A N n r W"A O u?,gb0 p m HMZ'. a: m m O ACla „Uy omoqq. ° C, m w cd O " 1 O U ~ ° to a'°maa`di C) y y V p c.n 1. cl A r p O > m J.4 m~a W m 03 H m m m l+ A C, UOU >y>I aid o '0~m r r cd 1. °v ~"°C1ame p v r- c Fw o o o t .Cypdd!' ~OT 0 o L cl C c u r r O L d C l, lei as 0i a u Y ~ cd.a toa c a o d r y m uu~ D t 00- LY., d a c d $ "A o d ciu O~4., Al H0Ail o p_mrmYU '0 A Y A m. o - k tb m F O A La F m aJ ~ to 1" r.. 1 Ca 1 Vl~oo14 Q- A.,°Y°a c~ a0 0 'q oY'd" t°yo m° ov am° R~Ni> od uu~g :.1~dQddC7Y 0 mpQOa>° qo ~p mC°Nd o Q~+oiJC«a , oG~ U ~mamAm a-0 t1~>s~dmo~b mdd M E43 -C) p dAOV4a do mc,d O~>=y ~o°F~ ~m 0"00+°-mala .mV►++' m agm_.oa tri p~,4Cdi pq OHO ~a i p0i> .O A. o W r) :p14433 a~ y ~ o ° g Y it 0- O ° ° m m m m om,,, ~ .d ° g O d 5 Au.O ~m-N C4 a~~T+~°, iyq 0+Qm ~AOc.~ p00 o 10 A A° m° o to "gym to 7 d o m o C a> o Fa s. q a e. m 'cf a F a Y a q `d q a t+ c-r yH H.. qpd and A°--.mr,d ai3 mpt: O'~ 4. Os. y C)H ° o rd'c°io`0~'0o.WM.oo {o~~m~a os+"b o~crdo°m coi"dpcl c7-0 p ..a d A 0.0 C: A a> :1 %9 d 00 m o O tom m 0 ~A U 06 m U O u~ d 'd Y a m m'o.C'-a o FA a OwOA- mom' ~+m."- UU OogON sa ca d td qy tvqr to pm... •,>~mp a' '6 11 umF2 +d'dd mm>r>,~p~" A .~CAOAmcO,o q0Y dm+ti uo mt.,m cdioc°io a > A A q l: o A l+ 0- C) v 0 d l+ " Sr m •d o m w .a ~p u ° d m q~ c~ A2y 60 0 4 . A a. rg d U 3 0 0 q O m m ~C ~l U m a> C a ° y> u 1> O ,o m dA O 'Ciy U a H a.a b O' Y w m U P,.> o gID "L>p~7 m00.~(- lioy>O.S- Od d mbni'~"'-2-0 dUc.m H Adam tla~m ti 00 mu0 3Y° 3.°>o dm ~+~O.0 SaaaT.ri a m m° ° iy a. q u c, m c- d m o - al3 a FJ'o u d a d Y . o q a a boM~.~ o time ~Y [-t m" °ooAd .YFk oo~-.° W mtataA ca c~ q°Y mo 0 Am vCr pHOmmmmoM ~tc".~>mCy~-, d 1 off" pod>miya~vo a '~c°,ran,0 FaA->a ~4~ k~. o 0 B CD .dmG C.)zz~m 'a 'j 9 vi "Cl ~q a a ~j°a~-°-aadca`-p .oda a m" dm ornr) C,, Vti~>rm dc~ a.> .'t. cam d" d A mP A C! Fl v ao. rod al> •aa p aA.> y'oi 3 'd cV .im0 CY 0 ° o a 3m3 aA ma>C. mC, ~o°o 0 Ca la 94-2 v~ ~ cat 4~ m o~,d AoFOu O~u.a5 ia~mAi:7amoA~°[z. di~paoo~oobc~'l7 V.d Atf r., a..mm a> M .0-0 d ~ V.rF9 a l+mla °mC°' U OTIA^OY mAdo pooC~dOd>>poo~A oA>,m r mm H A k -0000uud Ao~ m Pa m.., uu cd t4 > UAFAA Fcc U O m dgF~pq Ys, ..d Al, U`a mm o Y a d qY 0,>., dymzt a'>A.-•°>mt''U.°od'dUO _ QO~ao ~ o °m o m+ ~ -'tdgAmo°~q~ aJCAOt°o.4j-r°Oet9q ~m o~ ° O ~'A>rwr o'md au wm a 0J-.O Am,O•U F-rAi>laid>dd'U °OOpmd °ucd 0•.~ mJd•mA_,,, N•-•OOmA(~Ndm 0AOdAOmp~A dNO'dp dY qOi' ° '-'i1 NC mau.m. ~0 Now-gmyw- :10 Ol~m~>~A•r ~mA~ ~ c.tid~mm° d$dupA -0 10, ~y o~S°Y°a0oO$Aacdo C>3 3a>'t-V >i>mAY'O~q°7~am game ~.w'~.d~d .a4rv o o ud to Pr mAa la opUO~;tog7A d sog c~po cdaq o lam>>L,AAo o o Ito m m _a Fm 'cy d"'_mm mu Y•''doY Oy> t. A. -00 W pd ~ Y Y o q 0"00 a a V aOa i, ~ ~ tf ~d+ y In ° 3 0o V a u o opp"-'am_>.">uot°tar A.CU1af~ '>oo~>ooc.•'"qA.".a°L:mdai~d'r' O Ara~~..ay Ul:bo~Aa°;m utq $,d ~a'O>vl.Q~00 a°andd°3osNI'l,k a-~.0m.am m.bou Um d dY~'om d- .m v v m EpgF t. 0 d.x o Aa ma d aF0 'd m o10, ti .cy~^ •`4 ,p'GrW, Y doao~0 S a>a .c7 ti mho m` m ro11't7 m r 1,x, '1... p-~U o . ° dd+>3 „vopmFi obed 0..m, .oo..p ~Avot+om~Fw At7m a"Gl. °m mYq.-.ry ,;l h m.d~q.ti0o1°. °oA0 Op VA •=r0°a'dcs m•mi0u•°-A imma..4 At°"bgp Fwu.-. a m r. -0m C A O o0a m ° .r mml o >>~p C~Y C) 0 Yuogm Aed Op ~a~ q °A mcdi'C>'ciJr°SA>>Uad omw m,arac o~O~ q°~oc~ ~S o A 0 0 mom d ap3 ma~o so mAa A oo O maS ~~.-i .>YaO~uQu~>v ~~«7 ° a a. c. yn~a~~~~ooo a mOd amoa++yy .ymu A... m AA a b .0 O Q Z.-' u w y P P A O w y 'b d P. " m 0 q o imp t~j? p, t-. o! 3 O. i q W 3 rQ D CO 6p Y m _ p+°,O~o9Fd to .0 O'rA°0 O'D bAo:-,A mb° . 96op0 d u m i> iV!5 a F^O 'd m~ to mOd~al+ oa,G apiA OA C, 0 0Vq ouaAa).Z°`dd .d v: 1Pa„a ° 0H~ °_a momo>,c.~ L1dmi>pa"a'dYYm q°a1 AU ,cyv>ba~ii0 ppr. Tl°Od~u °m°00°aJ'i~F'D OpYq °~O °°dU °Yq 4. olds m CF"co~Fniqq Cv^arn `41 ~a F w:1 ol:dl,'oU o d~ LouO o~i Ol+ u UU1~ 'ob.-c AYYO 00 d Hm °iu In Od:VE x00134OO .'era aS2N.d.AS4 acdi-m. Nd ogd coluvca. v= AOO Adga 0w-a.A m 02+aiA 0gAgqO 1. o a g i m m l°., 3 Y u m. ja m n 3 o a.a A o a m C > d O 1~.' C°i m ~'cl la tom- o d c1 pj yo ICY-'. d..A-> C m Q a ovq 31. o l' "ou ° ° Q1 0k. ° ° °A > `av v.13 pM pY"'~y m o.A.>~ l" a at m~-+b Fl, a-r ciomo ,a o mfy Yom. C.s 0 m UY I+ b a om mYa Gd am a omaA.> °d mu +>ri i>m Fac. lpdo tem3Ya mY pl. A cool m w.d L~'.-.m lvngd o ~o-•>, m ua> pm Ga OA..m. H a d FF 'C c.o Or.. c. Yppo m0.0 c. cl°+~>id> c~ioto~l.OC+A p'on ypv od o uU aqO AO'p. 0 cdu j„ ~OU8-Om:-7 Ooq m0°A'C1 a5 {~e3A >rdda°, N a~ v m ° v ~N+A.>~,..., ° c°.~ a'Au ~m 00 m u d s. d c°. q°0y~ p>'O va vtlac3 ° ta d 'a 104 U~:ago v adb a"a>oq>, 0 3°F V VA 1, aA S.b ,A,~ ~0a jAg > a°ao 009 1 AUO'C'°'m~° p a~a A: ba..G ~ Y+' ° ma 3•C1" pom~ ~ d pp eS ~m olno db o$ biqp>gd~.~xCmYa~Ymt.mdd goamA . po 94 ICS :..u~vg _YOA~.A°UR~mO VOC~T.o°"00"~0tt,°~pD,aa3u ~mm{' dc"i0 d0ocmio`>Qomo~Y„u,o00O YY l umgdodd d av..°~ F1doo Fad..oc.m 'v 7p OH cm. oP°Am od,YA, cYiG 'o p.^q>dq>, uog°°v a3~r, as Y~ o-,Hood AA.,3..~Y kroac.a.`:.~>3ovaciC~ °~uuwU°d~A3~x m 4r >Y~Y m iol'0 Lgw0 d dOUrw0C'tA aFa ~ ~ ° as Dedv r mm l1 r cy r r ac, r~i ,o o b r u Lr lr r A t', A u Y _ Y d m $ F Zd d Ia f-1 m o d ~9H d r: Idt-rq 3 .0 ~cm.da co."cm,Od'Ogmodt1,,'"NOU~AOV.~y o~ qd3 oa gd- Uola b iy>Y o Yom m.,. d mo r`1 1°.,-u-cAd om°O~a °O.iy"w• AYia~•00~ •"p OA°o d~mFpF.dYOe°'ON,q•v~. °~~od o m °.o m.[Sao qY Au v O°atadUu Z u L'"A ~ry > o Y Sa 1?Y t:.4 o pY^0 qp a°3YV mmu°domoaaUlAaOi~o°~A "A 944- A 'o .0 .:8 0 k W C) A ID _9 A U° Y F 0 •d o d r a d 91 l" -v 0 v N V Cd F Q _ a m vm 3 d U U m Oi d> q SQ -0 m y~ 1; 'u oi°, o~u 00 od ad°~~ddAm d °u C! X! C a 3oV:g0 A L >a$ mFOu sd.v~Fo0 Sv B: mvu i.;m dmm,A ooOO°tna 0kO.C:0 ~ " . o c° 0 EN i m i`>oV0bd>?g Cr7;;'O 0 vE-° c ti`1> °am cAA.^o ` .~qo m ° OFUd c.ueg30 mYa'dd m 0 mti tl'" y~jY~.•°~~ou+>i.au~`~ .nmodo b o v'~,a 4.0 S. f' p0 .e Ooo m Fm"d v oamA~ld, 31.r'Y-OAV oV2 J4'edO vF~m y^cG, "-rdu>O d Obla q uFoof 0v-0Yt-.' p~, o 30u8m 0.JG' y yamin ld. .a _O a°>Ocy m X Fm.[ C 44 vA Fdv Cam">moo Go~mF~u> O mA~mato `~..m FV A~vmO.C d ° S-,o mod O Y°UUlm.d~dm<'.>~ou C ~ Y O" c. d vH^G q A d d d F°Q"vmW ddtia'"7--Y.yof~.~.o'O^~>rCy F~•lyomdC°p~a^~d•.'di~m4 d Fm F d lp to .l ou,G E_.Eo tiE3mo30om0 Oti'mC am d~"A~uodma.ao 0.0 ~~Cc Am 0.0 '""u0 1. S. d u 1. 0 3 q m Y '.C Q t-r t -0 l d 33:> -0 00860 - Page 19 of 30 g Iwo a«°a a°i~ __ei °d f7 .o ~'o~oo°~a o.ooA.b c. m db m um m 1 od 07 gs.,,R.s. tl dd tiAP"+'« pRaAi oRi .°MA~q mUl ~'"'"paRiOAm>io s. d« , m o is tf n R .R .a ,p to > o b _ m 4a 9d u mA o qo is-c1A ap o n AA q ~g y~ns. -z ~ A Oc. OyC goody©g oV yotlA op°.sm-a~g~o ppn°~oar°iaoy ~o~` O 2. 10-0-0 R~W WUQ "p ~Ccd uSOR`'q aB.dmO m~o ~v b° °°mdo°cQ„0 94 n ty~QQCm u v,, noq~i ys.>.~N ~mmngdn C) m vd to , , d41 co pf q N° tbi A f+ m O t+ !4 C) ti ,N L. R Ty., tt~~ p O r-~ . fi fi m d u fi d.C! AO. o~dad,q~]~ v °mo°ROO~m{a ~o~. m c' a ~~±SS qb d!~ tl'1riA~p pope s. zf~ C'ti d g qai tlR It) ooAk~.d gpp,,awa AA gFIt'a4+pi~ U O +°Ri E^- 8 r! do n.:O ~ da 0 dao.~ ~osd.M°r,,R t.gp °vo°dgG*.QAcl«Ud Qy" nmyid cY'.11; w s°. Qaa° ° 0d m >,d V°, o IV mAN -Cgd..g, ° U ooAsa C AL~d pG. d Y +a ""O ° .C°~ °mf" °oAgag'i~oA~ °U 0.0 mgor.yp,so,md m°°.°-. a°wa K to Oc. O''^ y«a°91 +'ti Ay 0 -(D Uia Oa 443m p R o omq'QQaN~ o „10 S4 o p~App~ ±±m17yqq, %,CV aor~° qmn ,.d l~ ada VROd~ m t_pq,°g0 UOOO pTi 0- :1 -4a ~aa n~q p~+vodd aRidbOg'.u o,~xo0.. mx.m _ O a, m .u m R J'3 R q d° O o O c; . oAp ;'b b~v°,~ci v psa°>d on°o-ym R°."11. 4.0 was dcl-1 E-1 -.2 ID o Rd mqv w s as O0 04g a podAn m as 00 o+ag g tl F m+C~nAmO ~,.,+Rio'd~s.od o mm°R o.. nmq dg.A N.d~R0{apb'a'~"~,r°~AO (4Opo~as~aoS.+ u~~aQ."'t7UUq A...,OOo -g > yumw O.~0 ° rZ 41 ~.dm iy ap>rf, Oaan n 1-, Ns. u~ap^a~O AO ° ~~~m 3 m +a 0 ,'D C: m o m ti m d A2a.... V mN C) m ,A, A a m A R ° ° o o m o o R vi b UU q~AUbt.'d q~~t, R° nAdA+a °aQo N Os. uaJ A...a~'+°x m ~v.":s7 d .4` `'p d~QgAO° a o °o~QA U o©a~q d.iz~m~W m d° c.+ab~u4aa,ty, o P d a33 e= v R' 0 o ~ ov tl rim A,~ o Z3 © 'Li a, p Z;" OP sd. m U tl o m a, © ° d of AR C>. "s.W d o v ~'••°a jad mRtgiw0q pq ° O as ~-.m bmmdnaat.b n mR RUa~".aa pai.-iam, Adgomt'~a,-loiA.go94a .o~~z, C, A~~pAmaa A m4.1ocs 01.0 noun sap ijUygx! 0Z , m~ n n m , m n,, , as. U tQ k m YJ o m Go d i7 0 0 ~o tm~ m p , - m ° ,c ° , . , , mop, m S. O o q a y q T-' a o3 o m m - a .~t .G t' s. q JAI s. a r. m m , a...~y . . , c., •~-i qav d a« + A g.` s+q A - © u 1a,~~msa q wp SID ad R'i O~c~v[modo m `3 o. d~ 0 Qigg+A {a«~a °U.- RaCD Q KgA°,y°s Or O ~~$4 - mom d s..,.. Amm0Rmpdg0E000 om 'd m m OU g.na Fa d+a Oama sa -.~A~.'d.',`ai aa~°.°du ~'.W .q 0 OA e~O rN+a y>,'+mAR°0 cm. +a moon t. is a 97 R duo °m n0 a A m++U O+a c~~ ti ~ Uav 97m t AA n maAb~ )QC) mofC)~$p$~my,nc6 A0g+.+ U a10 a tl d~,el dd dC~,tY J A.+a~•aaa $40 O. Rpm~s. ~ opAP _o'. ,q a U mga,yCuAQm°yb0! ~mAmmo K~ O ~ -fi.. ° A ad+a Acd tlmd„gaoi Am°oS°~A.a~o°°b"'Rn~mo~mdW~°1Rq _onV y O o m A ° +a yg m O m ♦a y `a 0 d _ ~ p. d g+ g. O O" a mom., mmdg_~mo A S" c.amga AO...~gA O~ mm « 'a RO o a.-,mdm m"muG~«d~im43 m ti °A U +a o m,..a~~ Z' mm°w m° fijO..m SaA on u Cr ° a° d d c m-y'' ~oma~dPrkg,p'adas-au' 'd bApa'a Epg`,oaAi>,~ Uo sd,, ~ m o.im. R3^>,vp d ^mn m ~ 6ot~-. 3e3 f~ma.« b-v a' A ed~aSaq d=9D +a~*' _e"t°,Ad° w U a~ A A m fi A g.a o m d m ' b d a it VC- A R ° s. s, .S o%A.omdv gmom;A-,oms,>~P g.mp`a.t+ smo>R`.R A,y SOV~'u m gd27 0 n2Q AmR°A cd,Aq o pdu ~.cJA mm.0 m Orr~cNREg°i °fija tom-. i. v Oo mA`"j' dd bp fi+a tD q c+ b q .,y m. -r'i ^ of Ap F~'d ,0 a~ s..c° tow o M. o o R a o m ca ° c. gad o ° m p .add _o m C "dd .0- ~.o~p-. 4imti ° dm~" ° yF>.sa as A- xbf9 g- , O.ati 'aA i - bad ;I N d A v A.'-: 'o 'C', O m d 'a o 'C fJ O F7 A g o P d tl« s. A c. tl m d m o o« -.y A mdm m t+ o.a am gs.dad$m sa 0 m~0 oot '~..°-.~au'q~om d y o u^R©t, gm mn'" a^giddgqu 44444ii::: R ~ A6. g0 a PdA ~A.U.S..,}~g«C;~N oi'° R amanoov V. Ao.-. ~ m mm q db ci ° '~O& Ou,bF d OV q - i v oa°j.a O yqa g c .o~dP~SCd s° ..o u ~aoald 6oo~p.,4dp? `ayp s'o~OCa.q m.Cy6°-SdBoe"'.R.-.q U gMO~ecd.ba 'm m ' 5 ....A c3~ Aa mA: riV .n H~Fa aom.~J 4.A Cp4rot mo1o.-"Fm7 vq '.'°►mG U.oY o~pA qRi m 4 bisu g.qdNti of uY AvH dP AW~v A o duIrA mb~l. bam~~pq'cipbo-°1pp. o~t ~'OOO d"m--s. ovR o m . .,,.Q~dgm d gpmmmaa mia R. Eo omm m>Ly d opeim .N ..NA~ Ya, P.A~.gb.1 n O R y aa ^d'o1 y W t7 m tr" ^ q oS as O ae; 03 ~ f: H R O R m m g+ g. sa a R . . " Vs N m 0 A O qq A o 0 C' o P s'si i`d m ,S{~. 'om .d~omge~ .s3q Rm~ gosaR .gyf~s,3dpF m.pYM m Noog7 R°~aaDp, dN ~ s. o g o h o P` q A o Q a Pd .a° Si p m R cdi g A 0" T' .a q o oA is sAa A. o R o m m O Q g. o o m A .qd +a cD 24 k. kmrm„mv ~7 a~am 'c7do Bo10 m a~"id 1; 0__, AA 41 .,.N - opdgg0 m~` sa d,u m c7 m d sa A auAP Uay'-1~ RFt a1 nj ,.Aaaafi O $ q^A om mfimAd m m O daRu U^"A o t+aA i.,> m,tl 0m OW~> v y to dm~ P...mmm.-.m ao AA«mofuc o fi11 A_ym 94Ag'- o a q O AQ N odo F1 m ,tl bmO O .a o R c.A A~ A P,q t. dg~il dfi .O ,t,' m>,mo0 02 .A .g. A A m s. o ^ .a as s.. d m N N « m o A `a a°3 00 d+a p Reim A omo Aasavdd s RmR"a0o m ° m Om Oaaq m g... daAi a.a mRA R ~t. Xm-'p.qa^«a°imG(~A o~"a Op~A goo 'a5m ~dg'~~, ° AiuR o-CTaua~ i m as oaRa mca. Aiaddur+p, mA u d ,dup R '"'O b2R VJ dou ~,m b«~~ m RAfi mR ~~kd.-.opuv^A o ~•V mmy, 4.a +a g. +a ~aam •'.C m .C a p° p m,a .tipdmq p, m^ mo zy O'lm>mia fi d Umd m?J-T ]a m"mN dA 7 obR°aa p. o! g't1A °a°., mms' .AidRa°g s. 0 r~'1-^-~yR Nou~dm k°q mf7.0 .[d omAA~ y n ~.rp~ iay°ia i. .asg,m.CAm ouT..OA Rm dd Vu °i W..."+a q pv,+' +aq'dq is dg. mmm0~'ggm~'OoAiaRu~,.,m~mmMaat'~a! dcmt~. ?4 m cd.n-'a.4 qP, ! J y p mom.. m m s+daU tiC) 0 •g.~ot.yfi~o°aAim mo~aa "-'maaRp~d u d g mtlgb"p,aoqq~ ~ t7g,,A _ti A AD' g'RQ« Am P,~ Am W o V a oqd o jo~iA y ky qA ,,yF3o[i +am ads m s.e~m..R7 mq pm d~ >A~...oA Uiddd O Oa ~':dum~tw•o o~apOnm~taua~ds°.Ad"v°!ytl-..oYARy %.mRWsd. c.o0°aa0 as o o+'00A"' my mm ~>fiUaao o~1«~p'aaompmxAOoo Nmu p~oOpoo>a ~+A q~~+dotlso>0mo0$Z5i.oDOq>m~o~mopA,w.yy-mdq 0'm' g1.QaS U s.-.u...W.-. .....On QR~VAosa~7~~.iadm `$m.,aa.0 d U [7~.m45AC) 0cd~o4 -W °v > .0, n~yaQ~fi~wH~~ nmmm~b~>, o>'-.9 ':&o , mo a cm m '-i U A O m O X10 AA«d p U ad '."m >+0Ru mpu C-3 00.0 . an " w doda~frgOq C) 5~ dd mmaR -0madon~oi OOO.N,..u gbmA~boo$geas.QS 4 CD m y MCp .,y 14 CZ. o > o o b p b fi a Dq ai 4a A at V i., R f. ~ 4. .:a q'Oq q aSppapO ~~u m'omt.H ,o RR..t/d-rJo'"t, Audi 0000 s.m,4 o j'as. od0d-q 't7~1 pm0 m(z~«~ aaa 'C es y uApAmO PmAo .:a m m°i m« . a, 'D A m y O A m y d g. +a d A,. N 00 :3 ca ss d -g.,., to as u,; m at as pt n o%+F: p' p ~y s °i~i°a JCd fi u+~1~s,~s J}. «m 0 p m c.A m obi o d[..gs $fr.~ 00m O a3Om °Ota N.C OR 'Hb m~OaaUmgd.m0gm~ ^ p pm oos'O`a> OA qa« R 0 ti n n m~.+P>Oda,dmROaoC'rRb~ZRi.~+gP Pm 0 m OAT~'R RR°d+an aaia1Ai m as A.a 4'604 n H° d is 3 t. ap R d tl b 0a d 0 Rmo n yE~ nA m~a CVR ~ dRdog~gpRd~ ot~ g.g s,oom aas,opmPq~U 'Ll 'p+A-* ..asmoAm°is-00d'a 0-„3A sq,7 q~~-. °iuadin fi P o`•'OASZ d °oRO`as. o~~i W .k'p Rao aab n~amA Oggt.^~m'~"id. pp Opp NOm-a"o mu Ty as o m~ ody A ~fiao Rt7asa~.[cm.RA A `apomao~d im.,-...C).m °6;>EcoRgp~ o n pAco.ti.0gao,,kd cd."~ A 'D B.:,tlUq`a'ON{,mm°oRpqi.~ '[U p0.[ RmR's'ogac0.~~ dA is Ye. R o d as « m q Asa t.. C mo ~'v °mR as d .u AZ... A n u?Q° AU t, aaO do ?1d m~y m~ +R'~tm,m >'aods'0 O a 'doOm^m.A:,d m« °ino'a ,yi mcl~og' dUy.v; yoR~'~ w aOi GoQoG~Cp~ Cl R"Rpa RO Acfdoy>,iuaoAC~°d~oy mg C R U~ p -z. c. m° o m Cc, m,.o E :O ` R.-. m~ g, R R s. d R~ p A u o tJ A° as 0 V. r FH. 4 ,0 •r3 a b o ID rC u o R R d m an d m tf St A o R ,ci C Q ^s d A. aA.62 u0 d~4ad 4u O-o asKN dum ~m A'O ~cmi q~drCOod.cly m.~~aa ° a.-. m~~m m~°Odbd°om~.dmt°.p d`GFFCtti c, ~od1 A~ a o mR- i. ~saEs. 'a c.~R...°d g d Ou is CO Xt. t.s•aa AO a, d -110-04 ,1+o« A..%,D gAmu ofi ,p .n ia~«~td~ ~0 0a.'.. asfi ]yaO yepO9 m V .Umpp pO Rfi'0 g. m.Cym 0.0 - a.. ♦..am-.fio d ° riv fiUmofi aviod mdAUfi.m~+ am O omFd R fim d o m d t. R m o u~''om +'oodAS. 0mV O-'~mdi oa R >,~u +a m o.a m R ooRaoms k.:m~no. yak i,as .a p~ c. ca- Es°ag mv~a°o.~cacao°E sd~°d3a°00C 00860 - Page 20 of 30 5g r /~q TT__ ,O m h 0.3~ ~ U ~ b m A m ~ . s. R 02 10 m .o w j O m M , ~I C, v• - QI V ^d ALO (C O A Ai P O Y ^ ° Ys V ~g~ o 7 t 0 I7 .°u a°i 60 a - 14 t . ~ o ad 7 ,m of t I ~ • O ~'C7 i ' C 0 N Q' 7 n i J cp q44 SY QY j, Ojy p N o°Fa mmoQq m , N °H~ O ._b.b~b,~ ill ao oA mo!°u-°, t7 O HFOq~_m domes a~ H oz ri N a" w ~°j of a$ x ~ a o~`°m m °mecC io°c°.`HmS~°'°pOm u>°m° q t I q m of q Y .q Ooo a~ p~ q 91 C; A~, F' 'dai .o S ti piOO ~q °7u m po~c°..8) moo°q °08 ~ a'o m0 Y Eauymal ,[i m °mpmii aiM mY~YdmY ~a50 jji j} , k. m~,~ygQ~~ mm"y'O~~HCYIUFOVmuVHt"r ups ° 1 }1 .~'Oh m ~iUA u~m+~dq YR m+°°oJCtd..q~„Y,-,oqp > m m k. Y . v ~ ytYs As m4by 6a and ° " a N ~ q>,Y °.Y.q'03 v_k 'd0 } 1}} c5gc~~ta o Y di .C m o3o~a°.m.geA 1 ~".h ~aq +t momu, ~O t°.. ~m 0 :g .0Asagd'0 10 hX i 111 i pa FFo O o ,O p H q Mo ° v m° 4a ° a7 i' o m A~ u J Po 7... i ' "O0 C6' 03p F3 ~yy°~m p~ :moo q ..o.y~q°k'Ha°-~^'°~ q~:'q,°~°gAgc°. y~p~'•-'.'O,~o.0 a~0 ydvl7m°VRO °a~Rd°mat y q Oto +a,q+'o O p o q.t7-m. qA m IA J S ti O m of m O W b C4 Gi!wX►Y+oom°~" onq~+~D+p'°YdOOg oD~rimm. 1 3 e-^~ W 'd o m Aq>'q t. °i 0 d md D,p7~ESe-E':-I w.° pp~+ qq ~'°O otm~OSy m°A 12gFm°t'V~m~w mY nQ. LV v W t1 m ~o ov OQ~~'F7 w`o.gD d~ co~J_Cu A.Y y~jH at .-.m z.E Q u d V P~ tl V V~ N i.~ A o m .b A a ~+tp o , ;'.F4 Y A m O 2 A Z: a n ai oa as o b. o mt+ ~wy~gyFo A q ~AgoogUUO aS>~i'0 ~y'dUotU~m a°op~q u~ ada"T-mOld° t oaau .d►-I~°, "ogdq ~N o??vff.°otc~30 "ooo o~ a tbHOpo©p~o ~°t~o ~p no o"HOoG a. m pod° rvq .q 102 A~ .y mpQ1Y~i O °Y~} pA m ti~i m m 'doAA ecf °p'qq'im uq~i~Y 4m m °Ogyi 'd0 ai ya>pAO:-I~ SOY A 'mm+°3~a•1f~Irocmttid.da'd3of 111!!!?~tf"c.m ~+gd~aAi tuQ~Dy~.~°p 0 ° m c°.oa~p ° t,ytp~Or~'i obo Fqp UA m~a3Fm qd Opt°° c. ~yyaa?od4'T"'d~p pda ~''R o0~ mq~i ApA~.YY.di~ a~ ° m d~ `dU`~A~r©SOo q ° p~H,~a o d ° A ~m(~~Y q .RYy ~Bo c~ V ~~mYYOpdy~^m~J.~ ,=y ms,O od t'O y".Oarb~gq 0 .$R•+V gOO.eot VR k zu Oq jCD pp,, dod°©p O d m.rmg{-°. Am'-' qp° _y H7 dgv'd~Oxo~ p c1 a s d i7 oa Y ••Al 'd ° ,L) ~p ~ Y 'tf c~ A ~ ° ~ q o Y •O p 3 o Y d q .C ~ ~ ~ i A ioo+~OgyA6.s m ms] .ti mgpyTya m ~gpvpD~Y~R~-!~Da o~Dmp~°,nq iiby°~C ° >~um °uo .nom g b d Y d m o :O q H .]q OA ~i M q Y 'C7 o q Gv Ca U m m ° u'~i ° F~ °q ° d A °ome m+`YH 4.d~y mod>,d°mas0 W°°p "G A A❑d q AQm AvoiV gotf oq ° 06oa'd °o V> Fa taF7 .r. +"O gtl~Dt pQm Fac~1 gRty o OdRo~ qUH Hm~m-1v,! [q C~iYq qt; AHO~p~ttq R m; i-idp°ggod t~ O°"4idq~~, dooRm .moo Wy p fy O Tf a4 ° p N Y ~ Wy my Id t O 0 ° 'cl jyJ yJ p°~ V v t'-' d A Y O 'CY l C7 q as 0 ,ta I~ m d U.4 F .OCQ~o"° 4 A'qCO-V °b oo°t~ pp~ U Q H~ d °'ti7 °.t~i.O d Y ~Yqq 0 3 cjH ~oAc?dq ao.'OO.°>>°Gy~m0Ym~o~'co•d4to. 2 H2n°i°Ng o" Q0.'mW °'0gci°°ogoox Fgq"~mS°Jwq'' toy42mo~oOO~ gtitQ ~Qo0p^RAa~Aa°i?dmmH 0 qmY ,t3crd m.oY.o.,~ dp~ou~to 'a , °~'~Cdv6og j°do°~._u o q~oa~ j pa CD 91 DoY r A ~ oumo03~a~ $E OOgdEyo0> . a 99SgC9g~ wr .o w ° ° > m m V AS. dm s m a A a o ti U f7 ~aIr Od U o q q ~ V m a'Ci eFi.Qa m'0~ m~a Y O U C m t. m i-: -0 d d 0.0 m t.odn y0 d 'd m F 0 A ° t, m u Z ci :0 _'l coo ~ m m m Y .O. P '0 A' d 43 d y A` U OtO m v iJ P is b O t. t, id 'c~.omtlo m Y •~a m ~ n mom ~ O n w~~m i 'o) o• u Y 3 o mMq o~ia q~aQmoo°~=+ p .qYO s.°.-..-.~"°q >,AA .o bo q ° q t. ski" o o ~ A c~ t. °a e1 q °Yti.~ F: A A o a c. d~ H m m o c° o H A V V~~.ty"~ o2fM t•1 Gv o ~ y.~ 0H~°d~ c(~yF.~'°+,c~A a~ O A m R O CJ Y O V ~y V a0 m ~y oS y MHO u>ppmO YO-ci m q Od CD m V oVY _p ly d d m m .a qY W omo~~ Pg~ O m p N m Jb m P H 0q :9 d pH a"3 a m q O Y L7 J4' Y o m °i V A A m u H J7 q f', .S "u ° 'd FL Y t7 'l7 M 6ov oq H °SFm Ub gm~.uptno~~..duVpp~ V ogb,cl0mm by °dmo mvod dp]Rd pVi>d ddm~omd V•° m o 14 0 t1Omrp s>e~~v.: in o ot Y' -1-00 d qq Hq y~D °°mvV~,F.~mdAu+~.'AU,ai°.°q°,OtJOpV v°i=.d.~4mOYA~VF4.Y V~q O V o~1°°ooFOO°a..od •da+°W c.~ dpa'.c~od mo'•--•...~m ° tr r+°.~-i vJGH~0.o>' F wa0i Q>a~Y~~ Hid O, o~°•d-fima°; Oct pAp~.o t+q 0-0 EO 0 U A q o m d d1 0 m y m q .-mi ° m~ .d, i d F° q o>' ~ 0 a`-~ p~ m 000 ~~HO °SYCad°of~gmd.~~NU°d~0 'HO+'t r,..~°JC RY A.,5' °~mA-1On .0 °6mo--gyp r-y^°•,mmp0 ti.0 t:0+a V!wd,..;°°c,ml°-ruFCl ~V°,m.U°d,~°,oacY, 0a ad b.0a at m: d ppo H o qd° ° w w C d F p a s°. y o a _A m b o f1 3 0 ad v d t.-b .p d° v o° 0 0, °obpd~] tcc do ;Z 14 6oNtl°`~'i0 .0o0~adodAo°go°pt:-ot, S) 0 pgNtiq .941 FtQAw o~avq~yy~ ° qOv N_'Obmaipuq mma9Fti.--+o~H~c0i•~S 4) 0a4 q maq d "Rj O dt, q 0 0 0 0 d .0 d N° q ~ ad 0 0 °m bq L~ o 2 0 m° s~ m mom o Y •r! Q 0. ai A m V M d U d U U o a~ Y Y a d O U U i+ d Y V 3 aa 0 q H q , p y ~ot,yt°o~e°i?d ~O~'mm bmpp~omm>, p~ A°yjP~ptd.ei m°OHpur~„o tl,F~OiA~ad.mo+~Ygmm°.O~u~~cu. aup3Cc, -03 dt.x3g~m0; ~mmm`apgo t7Ud muH F4 °+'v°. °a• and °a~ dU.-.0~dm m ~~3~ tl°pgtiod0ybioO~yom0mdvm°~mY dQm~°m0~pmoq U U~rrH.... V O.=: myW~mo°'sd~d°aq a.amaAooon 'VA -.0 d o o m Hal O +a 0 pyo p Owl m Q .oi H a7 m m v„ u H F m H mb ~ .C ..Orog H mt.d.w• m ~D00Y b ° •--r p H °Y'~. 0000 >I HO ;3'agd q°gOa7ttp°moV Va~Uj'pmNO3 mw~o°¢ygP0 0dea mm° emu ,0,0 ' V.~io~ r utl tl~0 Hm~"ooY t , td. 000 V mty0gvei %°.u~to o,_,oa'Fa ~O ° vo^p~.[ A iq°> m°mOPOOH ~CCd Om oq.'ym0 y0 0••0 d~1 OmY~ ~ 04S NA ° 'UM A~+' HA = '•l O+~R~A„'YV a7f'o F -O•.>r YOa. m"F S m °qt~.. q0 Fim~A>> tluoOm~'C7gmdm~~° p',di 0•[~r +aA tiytdiu .2 ~~~v m ;.yoH„3'dt.~F6td0.oH NA 43 00- Clcs0M03m•°~4G'°Um gt°.'0 0 o... m 0 d f. N Y-.1 pc~ 0 Y 41 o ioMrooOO" °CQA wp~OU]V HO o¢7d>~0'j c E~°oQL a 0.d oo" A~ m °3RF A~b~ t°v o~"H+Ha~ Hd~.c.~m°FmdYO pvFA mCamYtldN'Ct~Zylo0.O,C~,d cai {C~d{.pp.CbY t,ma,mFOpB ~dd i.000 Up>uHV .1 Cyid,0+~a'pFdp Ob•[^.'". Fo+U F.' Y~'d~~"o 54 A a 0 ° 0°O dr7 ct'°aiOdd >+~m~do°mpma°m~a d ott,~dpo b Hmp ub °moo o>'ti~-' 3 ~FY°qv O~~~°C aC A A y ip F mmdt7 tr... at O,ty00r d qt.d F00 >d~~crmm .Ss. n .3 >a~,mO,. 'd -~°,fm_n.°-oow3 °FOaaav°o°V O°V 00860 - Page 21 of 30 CO -4 1-4 • 4• R O O ~ O f mad y , o .o .u o m ~ m ~ A .~~mfJyy. _ o m ~ o 'd e~ y A m omd, L1 Q 4. . d C O f+ T7 o O m 0 A q1. as O m mm UQ r7 o .•y y N ~ A A '2-a: eZ t o tq m d . o O R 0 o c7 . . fy •d w P, Od0 W ski Q rte. cd m A Q~ y ~ 0~3•~ y d d O ysd.~dpd C) C, 0 o• m ° -:n C,4 u aA1 ID .1.'- q o m Y m d fc O m ~ w L1~ Yaa O O O ~3 m 04-0 v O O y b q A m m [c, no m 000, O d '0 m t. Qm 0 'ono w P ° y U T\ v a~ C o m .ci o R cm r- O on m o v m t. O m s-, po m _ ~~O~bal..i ao-aN OR py q a 0" A " 0ooi°a ~ °G~dm~ ~.R.,42p e. t. v-• e0 •d y.i •V•' a T1 m oa~uo Q f. A o q u yr„s.f. d o o w R Ua q 'O gUU.Cdd00 AUam.+. -ord.v o°ft7yo6 t'~`~gos~ticR C to a a''~t~aS 4'ad,~e3 gdvw<,'+~..F~ m>' dd O mA~(yyyF7ti °.d 0op~pP,°mot~s.Q.-ro gmms-~m.°~ i'►~'°,qi afm~mq 'qc7~~ qd b u fd.., P p. p u 0 y cd L7 .o _m R- o o s+'~ ,c7 u F' .a w o RO V O 93 0 A O~t~ s+ o M ~/l . d d ON t. d A taA~ m p pAy p u INb Cl d d d o v•d d 0a Oro.0-0O pd Cl Ct:my~m omm Om qm V m ~.Nbf:7w N m uOU.t] yb dmo ~ oa wmgt7 ~'..J ~o000 a0 00 4 dpuptln a m w ood A qpm~ V224y y y a a myo cf m zf A 'd m y ca A p d w m y m d .b O m$ d) tf rD - ' ys o '[J ° .do m J-1 a A m of 'c1 d o a 14 g s4 y doooo~•a `So m "bnm ° > y0 " muo O- c.uOO aI ~~y ~pocS f: os.7 s~Otl pmm7 pi.,>a-ya 0 dq~H•°u~g F7 ~M P ax >.°~°A,q0 'o Nodd m ms+ 01 c~ HvydmNU o° 'c7°> . dd°,^+' 07 m f' ° ° U '~•'z7,..v Odd~~Op o f.+~ m« ..a m diy'o os~mo m w mtP+f` a m d[uwa v U m d a _ 43d b mm r 'tl 4d A y A ocm©~m ~g d~tiba~,d p°bm ooAdt7~AROmm ~~C) 11 41 _2 •,.'N QP m +''l7~m mbm0~0 ~o94 I'7 Kd ymbyN~ pN.i mmomp«o m.~.,oawF~ig c'N ~p~NCc°oo °a ~pom° m q~A'~o°q f'o~~.af+0a043p„y„ Ao © ad dof. y do7 U U. kOq N`yy 'dd t7 p d pa~R V~1 m> ST+'+~+'m3 o GOmd mA +'f+ mvb ~m 9' ~7gdov m y tI pm ~m >u C., f7 ~ f+ o d q O Q i~ f'' j.: y Q u t~. m i~ O o p ° 'o t+' sa d m y~ .~j 'd d H 1 s o m a~ o ~+y O gooNOei~° oooa°q vdA~yd °f plod o odmd°o AO0A4. 0"a~ d d o'""''y t~p° °O -0P0 cep f, i9 ~Co tippp qU yodoiyQ] ~m,yty~ pp$d ~y go~ov~ VVE -mo~Um+p,mo du 0 0 qmWQ q~sd.°aCdoq~lfYo'°CoodoO 08ootiVQ.dp.°m °dd~~oV.X o~Cl C) odpmU C7d..-. m+~« .a~t4uW•+,Ei omamd : C~Mrv~apGGGUf°.~vFO7m U oww~ m o o u a"~~da~idu Y q A ~ sy.. 'd o u ° P •d • p m m o m 'd ~ 'c7 'd N N • • • .•y • m . ' sq-~~ m p ~.a N H 0•--•Op ,r ~{I: i-7 J7 J7 d ~ p~y w'Of-'0U„'~mm~ dU&acd 1!1 '~100~i+aS 'd O P~ d..-+ q •~7 i+ a~ a~ u FSi' t~ .4 C) y C$ 41 cd C) m 0s0O Ow to J.1ma N p O ApaOOUOgO~L070" wmw p~~i~ m vs-Allo O 0ad m C).!! d m ° p ,dy p0.00 '[1.d o~AO~.omO....a op Oyo o ~o~Coc+~~!o m~~R tr .4' q .-i to op m~-AO 9 ea17 1 ~ o omo7 f.no o.dw AF1ydGOaai to a.~,°a•°> Mqa' o y, wa~io.'1!c ° .°,Cl.4 Cam^:. Of7t•O q .Nq udmcf mOdNO±t • N oP.~l dti eiUJ7 d ym0 q7." c. Or HyHom ..ooAO 4-+~da>m °dq uNR 141 m CHO 9-SA-02. q00 w° ap °tm., mOm O gao>m ~ ,~H$Q m~0~~ee~~."N~~ap 1pmp$OC1 14 s.tiy p'aO.i GO m~ G.~n°Sbo a~OypgOO,y3'eQ Ks"+'UJCd o+. OJC ~d cS a c~ U m $ 0 0 o m y 'd a d o m A ,o~1a."mm. y.•yv~um Igo Afl rod6 ap.,vA a0.0.0m 3mO,d, a~- .dAEV w 0 o d a~ 'd o L7 y ,N m m a,p0 3 o FJ A m u g m.'cf t7 q. A u o o m s F1 A o s, o O ddfy °o.ci s4 pa0.;3< a C°i~y.41~~ayf"A Qaum yu '-'"FI=y ~a~A Ct u~y AF dp 'U by •"y4".. y. •h O°S dm104 BA ~qb •ti.+ O °7}tm O J s5. 0 ~ a. W U m -0 H y c ~ s w q O 7 s. ° y a3 o s, 4 Y G a~ ti Ay~pN • f. •`1 m m •'a d $ vo°mU'n`°° x ,Qv 1~ysa-1S ma~v m O i~ J.IN Oq 4Q 0 .r'gc~>'P +~'dwy s'w T.mt~+ o mNmmd •S~y 'N .b aiA moy pd.0 mR o~~b Oo t/~ m O~s. q~~~.cy c1 +wy V O m A4111 d 24,0 w' go oS _q O .d ,2 -s' q m .u ooo ~Q~y'p popi .~dMm imJy~RqQ pa~pq~.•d~y34 Um ME.4Aa~"yd" -02'f+0 4 '1 C) a om o°ns~+4~°oS C0.4 b:11 .3v'-sp~wAm0o ss~s a~N.-. O • -4 Rp~om • sa r mt o + r met YmRm>a R~''m A ti0 t7 a. u R/ 0 awOi d o s., V m p m R o m dti cl 'd f7 p „m„ A aS o' o A ~ Oo o'" ~o r'd•. H 14 flo:~ o A tJdo-'~ a, p~a m d t~ OORdm OA d~o COV fas'id o d "d°y L,m$as i7 ~R~m oocY A'~ow Dumo l p s.a m ~ leCq~?4 °io 1oyl: >~yym0m°omaFiamo _ Uet m p d ay~mmm_Aq~ +7AS'~om d"~y al G O y O., O p F. end A y at d ° O is ~y~++ m y 1fi o1 ^m-~ 6.~ H y'O~ m -aq-+.dq~ OS.v Aa°i q+°' q+'t'ee~~A dpSpt~pp• ~mm p.0 W3w. •f+'.>'~aa.a' mci~ DA,q .at. 94 mV$ ,y .C gAwmWUdogoO.o'U,an1 dd ms,mQ+'a'te.Q.,ARA ~AR+m C- wo i O~N..,q<0,''•.I0 mO dam''{: f+egdi a •0 Gy"' a•Aw°'1~ ti e.~~i y, p•d R~m•lyU~~'Jq °~U. A o d a•. o as as ,!d .d s+ q >a an d a1 o u q u o m R 'cS ti. R q O u I m f„ p DLdd~o`3>•ID AOf+'m~gw0_ d00oc.aAimps'wp 'b.~mAddb s•aJC«m dm R. u.t.'~"o a~oGyOm a?°•'A'u.C~' csa.~ f'.~oaCC°A m"..~o da0-. a " du py'd~m V mp+> V.-, qU U-, r„a3 +~$M a OH f.ti s;mA R _V w mNdA bo pgaom.:oq vom m q yago o 0 m.at7 V A o :G: a m o^p q uOw0: aof,m i opdoV moum qa f' UmmA uGpu .-.epettdOmbC oo40 O~~°yu~ bmaoo poa~-.a.Fli7 ~s°-,cgi,mOppAOa wa~~asyti~l7oA'V -g °.,m$y~O bboQVP, ao KK~olvw 14 ^,d pmo~[L Vt15j .,m a4 dA ygA~vvbmRd~R> o~ ooA~df. moRyd& mA o~o>,r- o d b°.q'°FA.d+ta"°'"'v+A' m a$1 m doy Ea•a14 ~OPPmm my01-!!w ,~M AP7q o ~bo~~ p v m c•F y OA aS pp uN o m o 0.-•m ma _ :d m bo atd+f'3dA .imei cSo m q .y m oslPdgo`0a' +'oqoN°m~A oa°~aA~pdolvii, m>>o{-,Rwmb~om14 AA 6omq«mm°°mm o ~CO~def~sa..tH, Oami^'.CA,10A 0.G00t°.m ggr"7oP O q d a. c+ of xi t. as as t, 'a as i:.. > Q A L1 o d -UT v E-• fa Q/ m d. m Q+ A V u IN P UA 04 E+ d 10! N O d om o27~ ~.dppa5aei •i,N •m •cltfi, , ommm~v>S1mo~e0> t.t°m +aa~ o A~bd^O oQ0mam.m°S,c7ord~0o~-~coia~bdo~puaAiCadpyA.,yR«dv~Ai3a>> gcdNC ~.d^mo f - a•' oyd ga?4at 07gf1" as^+~ a m+~ o da o o C' O cl .0 a «F7mot+wooom dgdAgm S..o~tb00 a° f. t. mBo C d dc3 V m m, d A + O H Q'd A O O m y U A +1 V V m t, . U -os.'"uA o~mAa°~ a> o y uCoOCt7"od c.gr~la~° ~ t ..~q V~ypdaaP~lm dd q> p m+'y v c.i OW ga. v HA O ~ O~U dm b m6oq+gedq~pyuw W °uoA°ooo A p ub so ~ voimeS i~yV]~gAas~ot,'scc.11f~ $NA Ow°,cy Ad>A.-•4'o .00$4 -ti UmdNO a° 0~ "~d~••S i I.; u p~mN m m u° Sm Op,HOA '80 -,j U'd do "4.a>Q p o LH Q~ OdOmm s.m m«odm°mvaa m oO4C ~ C: a 3r a+~o° b a c ~ ° o yboa-+ °.C f. m~>y °mmu"'HOo14 d~U.M d°.~ s.gdm V d}Iom-" A oom~ m ~G~T.d, td.y$4od yAxpOP.~ O:W Ar nom y3d~~,C.A.+U20mw>O p,OW~0 y om y 0 ~~mA m.'.' ° f.d.e"fotm.~o >vooA^G,.'" U°°Ogpf>•d~~OO .0"o mAam,A, d~o yVod f.N mw pA FNV Orb>~°^bVN>>~.mC >•iOy dA ~ A+sa°fo ~ OOg mdey P,o d op.-, yaA dYai " pm go m ° Xd m y 0..F- -4 soo -H A mM as° I O v'°Ai~w.m o dA a o,G AO O.,AF~o 07 qo d p" °'o to "'V O s. p R A d a~ o O q V o O a°3 a. o O t7o mQ~q• A4i,q~m.p mm'7 K.. C FoH >OC•mJ['O gMyA°^. m a G tia r. a..° ~ojdm~mwcm.Rw p«~a~ m Ofd.~p 3 m q oc!u-c f; `OO0,04.c3p o~ w R7 o« ~ot7O p s. :.ad.~~'.datS.`~f. d.~mO>>m a °O >r~Ua~..u wV~W3°m~o 0F «wEod~aVd "sdoaua~° ~W~gFm°a s.AcmivC'O'.-, ,yVba.pp yy,u AOgq2 oGmd~q•oOd V ~u O~"d ~f+a°ot.; ooo.~ooooooo~om C_~mObo ri moAAO om~Op m.o~s °C°ot°mot~.m o „p_ aG o.... 3,~.o.mo.~~a.d..+>vSE:E:~~. 00.~.>~oxCaG.vvma.mOAm.., .e. vOSu•.• 00860 - Page 22 of 30 a> H H co ei e-f 0 i •i N Op0 OUO4Z m,pp 045:Ei Oo &.2 q ymm mvvt.pm tat. p~ as ~i m;~ ta'm ,,oie`~ {ap°RQav gyv~~v°d~°oo~poRuO°~c°,.'"°`o . t-. t-, d 41 l,.. A !e O' s 'o d' q y .°-a u ° x F i, u 7i q p v an d p d m u u y 1- _-o-v °p~b a-a°d~oAot. t.o U°.-.Fw Avu°pm>a.gdO°°O m~w"° AMq:~~>aq pA =JAm7ta dA ra`3A o ayp mp.OH o.-a O.~ mHgo~q".'"u to sauta A°m hd ta+~dmdx. q uo0 v wCood d p o 0o aJ f~ 41 ~cCJ t a ° 0 Ao o m a,.u O q ° c yyq ' o q o o G tO ° m v d O 03x1 q A>a 0.. saUAHR d mou t'OA dei-~+ys' d.°«Um vuy .~aaop m.t~ . m ;3p m«oR "d° Ou c01'av t.Rm m m p 0v melts «maS 'O U d~Axd O«ct+o 3 .0 pp~-0 oO~ A .u pp u R«« d .oQ quo ° v duy dL) ot7ps+d ofY1NmF~°a°3qd _V, °mAa.dm q>vgmC cl m" 11 sxix ot-, O qm X: m•o>mo aOmuu.p mp 00' W'J m~0Ao o43 m Am mx•° A4 t°, c700°api Ei, m~d0 P. "p"a.0mwmmmduHox q~~~q~. RO~d~pm.,FovNO+~"q~.ct a~a(o 'Ri °do .9C) ~a 0 0 taut > .a t 000 ci~'moM Ads' m yam 0Jc: ° ~Uu by~- p o m+' A.~O d 0 tay ."0 0 sr~, Rx o m ° t~ > ti m mFt ti D ti A d s' v t, A top t+ t. y~ .u p m o m A d aS to t+ ka ° sa m Aq u CO o rm-a $ o0ar7aaoamF02 O # Z A ° qOR3mx u ° °V4., oualo.o~o'~-•td m p E3 At+ g0„O>a m`~tiz7 ym pop i °u pdy ~aa 0 p t,a~mOp opp4'0 m O°4 d~ 4m0 °~~cdt~~~Oa,°V~ O °mp dab .o U OmSfUt+A cS00o - ~,d dA mvOpu~p $'d q„asu0 0 0 O~ay°o .F! 4 411 d~~. d< A o~ps~<~p~11:0 CI~•°~dAs°~ URca0,. m ms',.-.°dNy~CyuapAd~dm tO~o Pmdd pq d'd m M 10 v q .''a to c°3 7Hm. 0 ~1 a1 o ° " r~) ° i+ fl" to cc0 3 ~ d u~ o 0 b d 7 m .-y < m axi '4 N 0 t-, p a ~ •o v U ~o p o t ° , A fd-, o ° 60 ° modt3 rvm +~I7~°s. obm5n jp odlmmdp d oi•~p= o 11 d p o m R is O m A o .A o 14 ca z, F d dax oaAa~1 Ao^ t,aadOdgAOC tadgmAW"oGOOry RaFmoAo~^•41.g m S4 A my g0 t°,At7 C7 JO A ma-a uORu .o. 3 R7~A0m ma.. sa sa om.o. O<U o~-a m«~Au c. [-~Au~:,du y ...,OA eAOwa L-, SID vN Va° t t t7Rm°mt7 ti t p t t H t ,m OA m d u x..md m6oRmooau0 r,°wp" t+omtaooad°omtx t+'m sam .Nl o0o~o q Dm , bow 'O°7+'N"•'..'^"+'m`"o sxa s°im m t N.y..t O'o-• F-1 1 moy°, ~ooo~HdR Ap0'v o$ s°a•m-~~ A id-,•o'~~-at''AU dm~ysas's.A to 0 03 A H 0 dxud b a "d Da mpF d N ~0 J7 amqq O c7 -y a' 10 m ym ~ ya p 4 p S PRmm to ~ 0 ym~.FUp atd.m d mo~ m«m <O yy. mA~u~o <^m' mm W o « AoSoma~itq L.I1oam'sl~0 4s qy.. l< -4,., o u p !S R m oq ty d,R ~x 3 0+'« d 0 d o AA oay 8O d m m« o, d p m.. r,tp~ d A o Cl r7 m J '.,..u mmu~~O U3.ga> N'd A mUW eo"° O43 Og7R 00~~~'m ~>.~°H C~04--.0 O HOB d0u ot.O0.ta t:l.~Q d ~c-•~°y du" ttpo mmo <°m y•cio 0 ro,ptpc7 j-'0 O d o4S OVmR umo40000pmAoud ~m'~ •~umFld m m+'du ~~+d•FCt?~~[gd~m °~sxi A°l~c. tamN~ o~o'<mUW Amgducl dxuA p ~a°dbd u°°°td+ u,q.xi°d ° o D .ta'moo~ v d mF Z.,_- bo"o"..am°x°o ~.ay l p x a m a m d t, p -t p.,m., b'ci'Odo .d axad xY.o4o. vs "y4341 34" omCd 60 o °ouX bA3: 3t °A $+pqy p'o U m$ m .Aa d H d m m m^ i° 07 m m, 7 m A v° s°a m tq ° m m❑° ro t U m M O m m m •t d r "N p 3 -m o m px m x ° m'" ~ A•p.+' o m °p a jJ 16, 0 A ^t1 A 1. A p ^r°~ "o A u q >,'O'~ O N v A m n o " 0 cd t. u ' u t. cl, :1 « ° d . !!W r" m ' t,. m. u u t. p " y m - , A m ° m t-. °m o m x 's a t. o d o F7 y O O o.S Duo 0u. ^q m].c1rAY«m i'ood°o°W uo'.8 AAo~0 .o dm~l--. -'-+oFd m 0 aal ~ U po o't'd`'d u.-. '°a uo{:,sy mR m z~yx ~o J ~p« m a. "A ~~d.,'~u O! t,.a soi -qq~ 'O O'7m umm ma~a~''i pp°~d 6o~ dU~d"d° O p sa~ gdm^up ~sftdaas /<p Ad d .om~,oAm?x - Ra b m g b R o Cl m Co o « m> d m a~ " y cl r~ ~m t. R a. o t'm m O m ~oO sa 0 wy oo u uq y t o~ qmt. OVA U F3 s«-a~ o d- Aca° Av q-u'`~ ~jO Sa.. to s~9U d m°u0 oa Ogomo .C gy^+a 1 m m mmDo m..R~ mA al F a,:vi, maoy A a.J-,o ° Ofa d q .cx y:.-. q..q o o d q OJU Op d x[7d>.~Y td,O dooO v-o t1pR >a4mme{~. to '~qq .e. f-a sa b m u m v m s4 q Ll sa a43 m m Q 1. q t3 as o .«i a s'3: 's q d G 4 . C sl°u m O a7 s' t and M O o'ao m 0 O b b•~~y > o U F q o b m t m, m t aA u ..CJ q ~'p m p a FN;o, e'.mmgmb+'~Fo~dmA--ap°Ud" sa p.Up moS~c°.~°gdms4 pU~Rri ~...o asCj o :5 .Y3 b A ° A"t°-,Rq°~ vi..°.aoy.... sm4Ato °o1Z Flm t.° •a ep Ox F d W .b+ ° oP. t,«.xapdt+u :a m A$ oot4uo~mR m tm •.-y ym~F~ poAti.>id .d00°p mcHi q~p m A W._0m 0-"avm+°°°1 t. +,mF17m m q i7>'uE+l~ o° o ~.,vu g 0 O~ P x m s',0 mORNo cl",+>OUt. tdq 64 O R d' sa d Oq 1 ty .o a' A HR'.~pp, t.by~~ t-ud ~.u pd U OoOm°x EV~Ad~°l a1+a Oo u ? ..a d t. >a u t, O t. P m u N m u an p ~o m W r A q d c7 0- m g A d a. . u J~ m A ° O 01 s O > w m-moom d oll E!! S. -a g q d ski 1! m }a a o~mmmvok.s+o~..°.aw o,~aodmy °°a.u >amJ7va.Y-•~.. ° pac. ow "rod o,'$: d°ROvd'~oAmavow«vu~ om0 ,do^"d>OAu aag ° - a0i u. u. d axi ba s' :1 m 'tj O i~ x o >a u 4 d u p b .o ti d 'o a m d o F ° ° A2 u A c> q t7 o F o t' x A o m ca t„'.a m q 'o u as ~ m .Crgq o q mA WW- pvt"'mA v~,oot+.-. 84 °i, d od yQaaduoC oOd a. cl d ° A >,c) R A ,m~~°-' tt E'd :1 O m p m~ u F ° O F a o > 0 V c, id„ Cyr" obR m G s. w>.F q d'-+Qa Ga° as o -7 I .[l " t. C9 A ° Oas ~j a u b t+ m Co U > d d O g A 0 c. m t pa~ dm d to AA °0gtoa°.i ~Mt.,A aq~ u^^p~mu m4« q,o O ggOp0 f tp a.a m t, oo R A ,o, O ° p, `~7 y, 0 U m m 2~ 'O m m m u m p A 'L7 K °dm •-•.C a°ampNp w-61 d,4i d dO mm~pO~v td.,°0a+'it yq! E t;IDv'~o mpvd2~i.vu°.~ Au c, x v.of]°Rappamcv yxFm Ux t+A A.dwmupT2 xm w0 m8 mtapt. is E s°iv q q«pvCd ~s'ai r= Ad°~° ~m~•",~p.t,,~tim d p~Q P ou trvm dx"o y~ 9. iyamot7C m •o doer~,x 3modm Am d •+A ' N bxy A ADO O m atiasa°,•, o-.y y ~d+ Oo m mx dr: ~ORm Boy m m ~<«aat3s.uw o .+a d3momomvRmxd omto<o 0o m V taitir']x+xatamttAA~~u~j u rt v° ia~ m~ 3 o 0 d94 .•-,O m 0m Nu US7u aS ^-L'-, .yxmomp0 .ma •O°. s td,°m is ot. .t°U 4A 0o°~vo rG O~.,~ q R~qq c. ~.>~mm °m~o G~pudl ua w roo«om aAO m« u,mo uuumu<ro y mAOO3uwat a°t°.ias°aut°.<a~.pBA O N t m ° ro t t t m g m t o O m t p %x•'O mpU t,~U p.rogm eij Out? OmOa00 t Nm tt. o~ mgro m qm umt. m~+~t7y ►-i mym tayoO mmmOms'~mm sa t ° om Eu x x«omd dmo ty00dm °p ax A aaQ ~OdA[aA g Na'_OOavm d as o adr-Au>a 4ata<°y19 Yo~d gm0x~"m m o< aaopm°~ ° p,°l>~umb 'd oopom +30 mu~O dpq~gcmt. 'GR,A p yy°d m+x'v ° mo, 0,A ow as .2w °O odoo6 p ttd' - l q~1 t.u 0 :10,0 0J3 Eu o~i t+ ddt, qp p ~t-.Rg ya gmw~m •p°ai~ o 'dmoa c..q~.~t:m3cl Q o° aAfuOgm•-. A° _d WdOOaq.+mta0 C,. Ew, tamp 11 p u oc! O o m o° o m x s s~Fy ogRM~ d 0' g dw cpc~~dR'Ow°~-'AdO~aya~~C: cl d~Fadm"'~^O ,Gp.am td-. OcA c:<d> ti ri.a a 7m: t~.q.p 0 .0axa°ct000 'd sxi~d0ymm~td.~ d mA .adA A y1 Oqr ~m x mp m 4. tap pp u Li . 3°O"++xasOa>+o..°~mam > 0 "m ~.vdmgm-'omQ~OsO'm~R p ot,addo©pya°.a+~'Aopt'0~ Op~d R°u°oq-aUbp° x^aa'2amdduclb0od .xiurotav-o~Lz,mt.b"~,~pmd.0 stq,~ m _o ota gmy0o $l a po° n. d0}JOb romd ougm ammod ° , al m3iyati`aP'aWxo~mo3mm 43 .uVO~m~umE.pc.eKOau<m ...s'NUaSoOFOU`odaR.xa°yx "m< 0..., 3 O Ij 02 # t. D •A.. O.> o«uu ~o~.-•>t+~ mia axa °mx O d u m tp, ~.P 0d x ~'-gy^G x Cn t,04 ado>,6m°ro 0. od 3Aa0iUUUat. o.'~:A~ i.qx d.'d027F-"° 0 p O~ Oy dOa.- ups''. q `y~ q t+. 0 ga'A Cl CCU 0 -pOd3 o vOu~.p„d>,-O qm av~,dFu tt°aaUl U°o -aA O,o 0 ^d0 Zvi a mu o' pinta t-~qv m O 02s,.° pQ 043Stc m.y ° O p (•'i 0 t, a usa tc;p < d boo >tpm Omt7 A bmdA .°mA~du qU u Ol xa>>mmta3 m m P g4,ycl st'aod~xp rl2 ,dod uv Amod o mp ogmromm~ d ~'"oo°mm d..tRO B a7 O0~o0 ad.VF q>~ uy F.o Fp ti st P gmap.-.O S.pq v C>.« ri d~'6o-•. .~Ym tq s't.OF o°.,dE0c: r "J'y~. mh'~ vi .-axO.d-.adtd..Amo~ p°F4FOUC ddb^p,oao.outu„mOOFcuipyb w, V]mpd o=-a o. a ta.a d"Gmo k. u o U v Oqt. raRaxi ~q..d4~q WV 1O 3.'J y-.~o,_yd Fo P. OO 00860 - Page 23 of 30 i . m' g m v .q •o 0 to 0 0 'dmo m°c]dAA ndo c:oo q.A °m iyc. o Au m 4. u H, u O H 4w) I- L:oti3m > m~.SL93 4- s d ~mo~moo .°,mcoyooci ttc m mp H .b0 q o: ,a momma .+d 'd mao'cO.yR ° . 'i~ d H Co. m tY a. d ° m> m d Go .aa q a~ , F O G O ,d oV - ,2 O _ to O 0,0 .'m uy~O' tot°, 4yda q0.. J'-• 'o o u-AiC.-.~O-q. d,y~'~ua>ta .m .~q~+q mmAo'~.N-d. a0i .0 3 uC'1 om ° w qy O q A dm d t.°Lgob O a, q m f-. m O m+t ai OA~.iimdm to 0S4 a p "gg0o 3 d~ ~dH~dpp>~Cao map a°'*.+}A?00 w ,mm p AAo mG pd qqA A~-.4~m fDaSO, gaOAI mH 'a pw mAg7q~~o c f V m o s+ o A d m m JO d d a p A m -,y y, d a' u o d o m t". 'u n U A m 4. .u m~RRA°A~ c=,+A'p.d•y~ N,°~Am od> m sm-,m O Qy°m ~ 4•°ou ad mIU~ s,mbp~°d Hom s+.Op oo^•-. a"+~P. m© aba to o N X3 .0 dR~ pms-+~.o d ~~+pq o m A Omo0m0o ei A mdqd ~ co u d~ au"oAa~O d "qA d u..°O.''~ H caio +'o $+.°,06u2ma ~9 ~ 4a tM7 Hq ~oamcc da u d qi' ou o .H¢f Adoa~o~ma_a~~mo Am> 0dmgdi yHtn L~ C ©a~~HVo pmmgo~•o~o77y~-,°q ~ziNa a°3Ad d oN Ay AA`" .fl, uS~..,H~oA. Agyd O ,°y o L, t' d H o L o fc.~, o q O c. d .G u m o y d o Or, °uN o0 yc~ w.. o ud mR aAq uq u > u A _ d oOga ~ ym °~U-+om~Obo~ A it'Hi, m7d••0 da~'~ da© 0 y.-0 ~.qoS °pma, q q H~7g o y o tau ~~1[A ^A~,N[,~ m m o m N,d o ©i' q o ° m o dAn u J: q s c7 d O Ly d o a~ - d Q 'd wa m s, A m A A to y 8o R m 'o .r q m° q q~' TJ 7 O m Am O N ,C 1, m 1 A4 O p H° m d V O a u , v H O p a '0 +A' m u ~+.-.•-•uH©v~~1C~.aX~i'.b~, gq.:~mdRUpj,v oo°AmgorC'°d~+~d Ov s+m A mm A Ru d mo+,m o c7 m Smi' °m m du .d~ d V q!~ m m a~d3 mo.• „ H on s cafe o m a .dm HAdRoa"a -o 0~mvy ° 0m d O MORm mtia'aq+'.S) ~ O AN .0 qCadm.q mmOA~-. buuy'•q. .H- .Aa, 'd .m., Ot' .C7 C, N~vu OU O° m- u-rd SO diUO•y~ym Oq gs.mH,,,~Cp~t,_., O: mmH.om o M ,,m gmmotv7 yy, H RoRa'm a'R.'7A ~RL.',Dd~oNA{sA ..0 d u .o d m q ~.a°' A U O~ O .n 4.'d ° N" E p d 0 o m m o ,o dam p n' m o o q ya m$ c _ 4'A m N m L V f,++'.-, O u m ry y F1 ''~y-+ puiJ O '-'u411 cy H u p_ H H t°, u wi ~.,04Rg0OCSd :m L7vd ~a50 R- u V. oA" AJ°94a ddO,Co IV mm A qu~+ mp A HF7? u HAga' _ o q d m m Q ap q R O m Ly >~pmmgwd ~i'dd O..uA y °2 d°"Uy voOmm O ~ti~q~dO m^~gogic7~ ig-m +'m p q AouaC~Vm V mq0 ~•,~A Yy dA~m«q gOom oa' -mw s[, m OCS~ d., O.D .C y°' $1d O.-,oa vm~.~ma pm q'.1' oOd pm Zri - 10 q R H a-,a~60Au H~✓m„a'.. dHO ABU Rom mgq.C.C3A q.0 O H a'OO m m t7 bOOH dA a~-'aoMam.u d+, s:m w Hs'ooa'u r.,,•-.u o oma'~mti b °cdfy~p,u0C Ow d Ir ,~m~"i3my0A jam i O. N0 ° 4. .C d o L, V A H q 'Ha p'o1 maq~j H.d.,~gpmq mOmm u q.ti ba H ydd d O pp' °~d -0 d H.yHOvudi'mu y ~d.,N b u.Cu i 11 Oy O gmt U H4) Ldom y d Rq m....d ua" y m W d~-i Nmmm B°Aas. V AA,cO w +'°q O 4 m H0>m dudoO.aoa mt+dR °tH"'aoi u and m t'dcy mdLgm V ~v g oad m R dm ~ma~ :Ku Nm QHmumtm.pao A4+0 q q H~HR qm°Om o q ado ,a.,a.~' a m ©d V u i' oA p au° A o eo d d m a ei q o q ; p ~d M pp m. o m qA O m d o V J7 q d R° V ,i d- 0 y d. do qd. Uma+~.«. y,dof..LVm3 Aq~J]A170 o.M~Lad b~,ooA au ~q mty E^o.uy ca'A ~fapa~0 p m SSA ym~qq dHA~~ 9 S ~o m E d m. m"O7 ooy 00q,_ mdmOg« qRn p~~ updo7 07 pdm mod i' o u du o- O y y 'ci .C a, u s' V toy aS la q y f•7 m _ d C O a A U O d cS ° N A o ff° u O q 'O to m° R m a1 m L•~-/, a' L~ m u H L _O a' U u R~Q'm~'N A°~Hp°T mm V °°p~.rlo (°F..~Q ai 6ogdao q °Hd •o o,.,, A dmwoqq°a, > du m oup ° d , ° m qq !e .CF.AOJ:° °o~v~ }{.,~dmm~+AiMyA'~° m o 0 i'3 U.°t m Oq A'O gtaq> 449.1;`' d 1gi0 ;0O m pu.'msfrpm y m aAV moMa~ R«a' C ,m mABgA°° °°d p'dmsd'm °B°q.Cap Gdbdo•~^•$G°eS:Jy vdq-0 H U H °a.«pQOd m V i~ 4-: C o: o o y° i. H CV w H y mm~ q p pmO~°f wiaay~~tfammgom q.°.L b ° mt•mq titmi a,p OU muO'd A .~f m+y'~n ~d dm qu 'pp.ao q ~F' n~v ~ mom 'd dQ~mfd c pp > q y mAQ yN°~~.d bum Hga.~m+'dA ~ttmt7777Lm O-d aka p p~,,,Hpy~q o0isvds 0Jj^ V9 ~yQ ~o rf~y R.r G1.4 0O3a~HmonprlPU~ .W b ~O'm O v.4.0.0 !%s ot7~0.°~Nm °q Nqq.P0Hm A if io°~mqu a a.0 ~'n O 'O C¢ Ic d-U O'uMn'd~ud m .-room's ~rom~p•~.c,jy0'O_od~ '~yd N ~o `A o1 omw.mav+' ~t°~~..~~PJ o °t, a.O mad cl A 94q vda' mR~ymoAOm .yT~ at' p q-.-0'C~.q a p p o utd,o ~po 0 o'OB b d- m u ngVl.-d A t m mH po y... mqQ u as .ry piy qt7 '"md Hm V and q o m opdQROw~n~m°~ -6v dn mR° u~d uA~EOR g-0 o OOH p0 H~oo3 ~Ct]m~ .w $ o 0 v° ' R a:.n b Jd q s o o q V 0 .tQ p o my.-. A- 'o pd _.d 14 wa dO0 do.-.o mom ba t.''oam 'Cm cf b.: ° a'°., 'OA uAm i.ma a; UQ cd o ° O p q A 'cf W FS q'ct H ©a' m 1. A m 17 d.- 14 'm t7o ad F1 dd V C; ~ouaoO~A a-, 0 ,m d"' ~tm L o-.L angya' d O°ti pqA V -°~;d _m ua yJ7mu dggoov B vm ~+'.p m a Au-..T.-.m 00 A 4. q'At7gno° a4 y OA O gdym qoI~.° L mu 'dm...R-a~gd'O r o0 o~.mms.'ao20gm'O C3m0 a J7 J7 aA O` °au bmo~ °NF, yA'o aS mpoQM m A no V n~. p d H ° U~ A p"d~m.J' 7 au a°' V q N my W m$ Ad m> aJ7 o myV d O> d o auu v~ a yyooaoAmGm 191 u.,vo y Ao ~d m>'m osra° k. q ra O0 b~ D' +,ef aE dya'-"ympgq~f7 td."AA 34"e~4 oS i H a vqL q d ~nA a q«o^~ nom +y aoa H V^d om'd `Cqq 10-g A" tmi ,..,~omRd ~dA oY:: CD O.Euam.°o'~Op,OtlH au~i V Qbm O a~+o H^+ u d p. u 'Cf ~J3 a _ >uaa abA ~0u UaoJ7b$+'o00m o c°i A...~' ~ opga'a CV qq qqi' i.~q oal~~o ° (a~ gAoS ow~~a°~ o~ ..Npoou °o~m'q-Edon.' Qo o .y q~ v p Aoo t°~op oc. _oA Co IF 0 ZU OLj O d-y+~~v~0C00~0 q agm'd'S~ u'Sy QAH«.aq ''~y e7 m_a R°.~.Os Oa O ~,AA G u ~c+a ~RU G~aSbl~v wbi C: a~'o0]u0 dOOmaf n oI'.7 toi Fd. goAO~ f m F.GG0r~ 00.. "',Ggm1yO ~Qu t°. yd .13 - 0 .'~C~7neoc.nyvo~.'oPasgonw4-0os ouR3 V alaad0RuU N ma,~ 44 NqO uy0q 0V Cc' b6 ',a i+~AAA bd 0O^jApAAmd Np~OOm 36on U>do d0 oSu O ~.,m co °U t-,dRm O a'~AgO "d yH 6 Fl o Hd qu dgd u.+V 00 Ov~p J, .0 HAAi•1 00~q°°..uO.q° VO>OO2O'd Ayodi"~+~~p J~OU by oqqo33 q aS {y V u Ee o 0 O Qmmgi+~Nga' MF7 peA~ e7 ~ H mAxAd 0 vvsl 4'qH«q'q v, vl ~p qa~0 o+'am,C 0 .e,".4Q d_. Oao' uA" dAN_° 0 od am r W mmoti m Sop 2.V qF°ob a o ooca q (y b 0 JSH A.~a•c70o pqa q~0~' 00 Lm.juunO 34 t, u g u Ao ei 'O o uH +'ef Vmp v u dVaoi nq Au ~q^ m °m q'. °3 p dto.Lgm ssn OaAd Ro a'..,~yd ~q vg yR~u~ y yL63 a0 ~o Oo;a9 Y o qg ooo--~oc4qtu aw- v4.OOCo .'m n q qa Ha-" o +4 H °u p0 --dqdpy AaA .y,t 00 C aA'gdaqmaCq[A~"~ oO-'yuCdo 94 oyq R~1i dQU~~Un".Q•"4,wr b...a400y d mfdpOdqa]tl~ o O Z Ooo~,..RdO A•"OO{b..~Omoo.q t VO ua q m mm.~ym NCNBq'.,gEO0 '..gym°eym"'~1+~'uat.~jmLMUyu°UVqup1.r=+pps'CiaL f cdiA ~"'ai my LL°J7aLU 1v-A~. d0~>~oAmSLmq~mq~uo~ ~yQ°ngdm4~ C _°m op gm~qu °a°'~uM~ga' m aOQi+ u AoA.O aR and dU0 JC c. O apOb oq N;,d a~ qO' °rma°'...a q'_' °t.a q0u m•-~LU m1'A dpai,.,,x s,~~-+ yadLacfAV o oq.i° .ado m y dHHUO da' A'nm0 o7gm„o V.•+;', ~LL a.`°..-.°Nq d~ogv AcobAVCd d.0. m o:> o... Aymgq+a`a~,CO~~L 0 N a-,'. daS O m n o N a d q Jl m yd R d v a°i 0a O 0.0 ~C~+ ^ p q o y^ f: ~Na O P A .S a O .q Q 'd O q ~ m y a' p L d A n L d g S. U~ V y A m A~ H d d b h n m ~on x v, mo%L d ou.0ua^a v0A omya~ OAm ~o m UaS.uOgUEau •O o C a{ b q U w m d cs t: u o' 4, e3 m v b d o d Do O u N u oA o 3°t c. op A,°, q ~,m qm o Ate. s. 'Gm 3 GF ~,u o y` t. B q U A u Oo C adL-, 'F u Q N° s. A m m s. a+ L om o u o m o m Pi'O ~j d y .a C y u Oe O : 60 c+o q- oP Oaog UV tddg7>qq'7ddo?o°u °d°mmo~ °v°O ai `'o~q mom.Ai"dwm p N' CIO o o u o Uu-.. ?t Vwu~C%a duJ] Ru<Ca' VL'" T m d N~,C o q a.C ,-.u > Mo,ou Vv m u C> B +...vu~.'a..m,..U0 00 00860 - Page 24 of 30 s. 113 m o N 0 u m o ° ° or4 m 'c7 ~-1 o m ~ O v ci 10 to do0. p a' Y ; Q 'c7 m +a ° Q Codm ~ O m y, so. ti •'m a d~ t. `O o u v~ g J E T N~ 0 O M ~'C1 N qq 0. Op Q ~a9 tl O O ~ M V .o. N o A O d p v ~ F q p_m O .z o~ b,O m M .~y aPe a~Pb ~ o n A'd o^~ mm q. Moc3 ">'m tom. od t' m a°.. o;. o0 i,v GO ogomo X>'A - omu ymmo `-•p F-. ty°vt pr. sd 045 +-a uu '~poHq oti do P+op m ywgoiJq~O>tr-~O m p'" - s+ u Mm d a ota d.-. UA FoFOO d... `s,~ a~cd +i a-a~ N b o. A d'd' Ubm. ° d a °aO.i •-dib ai ~...dC Fa4 q" o J'n q m U O o AX3 'd' HO o q xy o+. ~.o mm~'C a..UBo v o q O u o ~q p~ q o m.p. ~ DOaiou'o~Y~o 4. Aa~it7°pu ~Hd?! + rom0 ov V ° o m o ra u t: O a$ O f" A d m A u u q d t„ two -r m .d A~ d m° u q m©....... oil oho ma'F1+2-4-.-o.--ra~ ~.A°mUm c~O o°mpOA °m o+'q' tip s.~ oSq d$m > °~3t~u++p o m oV12tlmi,~Jt1 ou .0 04 ApO dd,°q: uU ..o~ci. ~".~Ud~ V0 2.2c9 oqq oiogb~aoH}'o ~.,.:°yb AdJH Om V ms.~d 1oq m a.,o m'dom~-o P~.q V g7q~~'td.o ° Y ° m gp-'~'.O CEo: 'd .si o m'~d CCoA'oy, qq V cg t mv do 21a~m>p A7o.": FJ " m o, V'dad.~t m,~..m,q~ pa~'oa'c, ° OgtYO,Oi°.omm~m ° mG~..Ui V° 17ooU1~'gdm mAr~cd~'dC4oq?om d d y 3 m vuo Ao A0 ID aad~d o U> a 0U ID >,..o7i+goa, ,u0o gtWtd°q~. ,pom Hoi3>'o q o om IHa~ d,°dod~w~°gUD °a' mt'dpv~ {..ay'd "_tm. ,i7o m>H Oa-~g m d'J' ~asm°y d'd H~'m~p gU1O~ y ,.qq AcSm Aq° mo~~gU t.m H dbm ogmym°q::d~~"'r)ogoH>'t3mryq '}qAy~ s.A oA o o mq~o m uy 'd t~oP V1gp Bm c+'q ~p mm u o i.m dv y'y~ u COAOuooo o °d ba U ci H m v+ o o la u - m q JC a ,0 0 0 °'c7 a4 U C .-d A tl d 'd 'q + .d a4 d d S) A ca h V a9 I.,gmma~ iOA o pi'du m ~ mP~ a~im C3.0 - ou :'o c~~ cf p11 0 o m a V i..t~ q d o f° to F7 ?H o p o m.a3 d~mO~q~mdaada v 0 p R-dmq A m~t.gdmm $ooq°p ooa' A m m m d>adMHq © Pm° ......dM mFm.'m,., Op~y b> d ~$~vq p' a9 4p 0Al o.c~~°m~00 I.>eP t. p,do O..a Aa' a~i'dOP Pq~~oom'b::dmbos.do'd'''F'~~pbdp N moo011mLIpm,~O~~d °tOooomwv'ao oHd"c~q ° >oo~ q Ja s gc m d mq°q jc: > Am A r.~'.0 3.0. >O'q mArr4'Cy. mvdUHa~~a~- m a>>-.S coo HVo..-. oc30 q r N.. r p~t,Hgm pai°ri r o Ha]y r r H I r o0 1yot.m 1 1° 1 t4~ r ID>~ mH oos qao d Oooo c!) ~ >to~~CJ 0 O~a$o t.oq„ o[d;12T:4' d~C~+ uoaSm oa~O d tUg1° •iHed u°AmCQ m <+.O Nrn49yd[ o4,P4 ufa$m 000 ~u F'imU.og3 0. ° st mm uy q r A `ipm ° rv H qo 02 d d q c.c~a.-'11bon L.q{~~rrvgdgH~'•,A~ ogmom.y d/ :J NmtQ o° v a°i O U d m d O O {1 H O Rio; 2~ m o1 ad ~i m 'Cl u^.~. ao° dE+.. 041 oa EI mao.Mi vHOia~o m 1°a~ oos~~ mod 'J•CoS dpt°armt,'m o Uo q 0 q °OOq Ua°> Pa' ut' ° pm _ m omoc- W mad<m JO. Pry a' o: q 0° °d A py O m<~~ o m q °p~.~o.m o3 t~~ m~~ 0 d m:p m -d-oa 3 tiOa>i aomga~•r y61 N to m"dgoroas O oS ma~ ~ag Au i341 4....', d3..mq+. mo 10 m o m i1q o 4' 'd o < ?lgm~a.a ad o t, m `-+o AgUq my y.. .'7 m .0 jQA q ~°~''o" ooAOU Ns. o Acaud+l g2ytj Aq Hr'd I A~ 'd ~yAm O .m a>~❑ac!OHPp+U mi H e°o~A~gq y -4- A O a-tyo m 0 T: rv A 'd aUU ° p o F FHV gd~q d....y°.~ q~„d ~~HO°°ZI 4-oOYH m.: c. 2 °a p ":4 -t°,o obma[' b°Ea°~ao1. AU° vo°~.dgo~t71~m on-m- U = 12 mv°a A DW Uq: ao o d pyy offc1pa>'i i~t7moo r~yP omq t+m m- A~C ~q i>i. e~oDOa~mtloqva»P'm ❑po°°~ Sp~O~m~+>pdq H...mW.bpo~dVa°jo- v d N'~vfy°~ibpapdu l>V, >.m HmOm[:~p°'°°m`S',d'd`°t1°v l;po'db y,0dda`.ti~q ~TJ° Uq~C!]::d .m APO o'd m~ pm,y~. tm0 `my o a>pm m$q tja y N m w o m v o A ''d d m O° ~ m .r. d y to Ca OgbeV mm m au0< ° uomt.gq...q q q o p ~t i3 ut°~o q um~~°ey .r~~y Oq m'~mm h0j''moIDS. oddd °02 m n o po V~°mm•r i _ cc aH~ q~ pp y q ~qq p y o o t1 m s. f1 p Am mqa' dgv.Q tdo~~.°>a! load ~otd - AC+s~U°A>~>P°mogddk' a3°ooa m }d m dm"mot~o "UddA to a~ayHq oepm om„ o ym ohm ma ~Pom V1 a.m. P[~P3n FP Foo° m.7~v Aa~F. UaPi rd P~RGa ~AoS V V ~ Am~oO q!~ r-7~ O c O' AodUV2 m d N *04 *01 pqdrbcin~'amg 1 -1 ovNn - hoomti° b ppo qv boytal.a~ tiprpad~ o qA VW c3 dgJ~°ygp Amy Oa4 AVlpt°+gl a' mqH °d qi O ctd Os.q~1P Qa~ "l aad~t .4 M `r q H el u ,..r t eo ° v o A' O m m a' Q of o H'c1 'd Aa' as m m W o ca s m m q o c] m ° .a7 ci'-~ m ~oa~~ 'd [7 ~OQ° m° m." mq c?s~..o ,a{ -01 0 m ±~yi .-yoU~mooA~ Oot~d odo o AJ 0atpoomb q_G ° O APod~ ypp '~a~gi ~O. a~ mU oa'y$ p oa°ot'° 'qd A~~At°. Zq-J~a'~•~~ .1N °.L o~'g t4 t. 'd dm mm cc!!Hmo. O Om. u Ayg qOA. qa4. °°d p ail H 0 '-8 dl'O " O~O d °y~m u.0y~~m0 ym. dt 'dO O V ~a V -T7 .-✓.1 momp OaOg aP.iOM mypp r v-,:: qC7 °t"° Q JFP ~liO>Od o°'~v'..1 > n m m... 'c1 oqq4 d o ~Ul s. pu q d.o aP.~m a'<0 a~ bVa•f t o.- Om q joj V.- ad°d 1.0 pg 1! pA m NOrl.11 pd,...G+g Scovm Na 6ou3 o3 ~ d 0.0 $do to H°U ►+~O ymb mE qy ..,p O aaqq x m m ~ :05 Opp °dtl~~ ~q~osoy °ym~~T.>gmH° q y0apq °ou qy a ° ma ° °U 3~ may o 7~+r m R moo d t°. m°mPOV+b.°b ao a~ Ug43 oil o H flyq ma°g'-:v wv d^Abg<Rsy Aa c> .rmm„UdgriaA oVS~ C"104 >yt. ai 4 a1 ow~p pV ~i t+1 Dqj' 2H gTgqJ as v«po~ d' m41 ua~~ t+aot,e a: a'motJ Sqp7 o>d oVa~j$~- 4 ralt y4 c~a.Oma~ ►~pppppoFUtses~,~, Vy°L1dm>uymyHaP-+~OAma~geogaaatytf~oiod "'°ls`' ° q -4.d tlV >>~A p md~m orgWHmpP1 o ~ gLOa~ -,gti p o ° p 10 ommpa~aa~, as o bb°e ~u q to m d qk..mmosoommqq o omq .G 1.~ ot,oo ~p >~1 L]A>.7~~..-. UU2ado>4.mu0 V t.t4 . "V1o4jwoo u~d>mPadAH r r ap m r a~ O t.. l m r r r r a~ r m r r t. 41 m ~f F7 m m of l m O as 0 [i O as 'c7 q...m..q q m 0 q o Y ~d c.~ a~id~q odPA a~'Cdpu Zy v4S <~t°.:~<° tl~yqq~"<dmba~ a °a y .1' '1>1 o a0114~pa'gi m~d~°y c. ~QOb F ~um0 HdUO 2 d t, tm A ..!m H aflq a 0: 8 o0`>- O.~moo^,8 - 'g I oqy 94 a 0.0 ID ~O 14dirq0 'q c°idg C7 U R o v0'tcal~ ~P y S7gP 3d.m.y Om I- tm.am gm3y~<~m agRtb.y-Cm'[~ my °m 4C$ 4. °'1boo u d~•iadm~t.a~~d1~m <O O O:il ~ p m ti '.y 7 t. N b H O A W q ~q m P~'muF'a~pjo...gm ~'%3 V 0 tz . ~Gduv ° ~ Toz a°q° v •°r~° da~~a°a~' dotmat°30 vmouo3 ~M"Haq>A9.md~opgym a t.tf,->,~gA•ada! vm~"mmia .tlbw Q.~yO a~~a~a°iOdO 0~ 'tl~' N n m d t mty~ p d aS ° C O t: b d ~i U O ed U P U U ti ..1 b -a v 5 A U O ?gym.. ~ ~d. v Z. .c e1S 1 ...r 'd H H r r ro r r I 1 r r 1 r 1 U cdiyg°v°tom.t°.. qm c°.a°i my'oo~.C m H to A d A,,.,, a' m< u Q~d qc dA otp pQ ~~j Q~;v O d p°p~~ °~a°i qO C3 HO~ t'' 0 s°.1 ~°douusimraAaA4,0p+ K° bA u3 r mpgmt+a3mt amCi"a'oCd Hvamdo ommm p~ d o 6o0 q.-4 °,p' ~ Q",'Od cod o ro u p iF.~y uqumms°.qC 01 Lr oo 1y Hap~m~p~u t.4a~o a 4 lou C) o b < pOv,_,yap.. mpgdmHU AN eel~m 00 'd u°N vv C. '0.0 cc- ~ oxa~AO+'y~dyddCc•~w.oCdt~EOIA O' Yaa m c dy'd ~0 a~ H m may Oil q fir d aP.a y m m F r o 'bum A u ~i O q 0 m m L a O U m 14 O cr! ~ m a b O q 0 F F 00860 - Page 25 of 30 r N e7 z Cl H y., c~ m m p 0 a o 0 0 o p an d 'o. ZgAdoo"q DCa 0y 40 .0 of ~J coo G: m ~ O tyy DO ° `ym~ 'ti > (4m~i as fp- m 4, .^m, i3 p u o O a-> 1-r O t~ bgO2yt~;, mt+d~ozgpcmq. dp.t:mmmA 4,3 m q Q~Ry m 4`y H d N0a Zoo -0.C4 ON OmN 4>L~a V)g zq ~•Ao~ mpOO.,,tl Nq .o, ~efy'4, ~yo d4oo+ Aotl ~ 54 d A H mos4~^A0' , 45 4), o m .C O y c . a m& ~$s 09 ;U a A _p O A ^m h p to m ' 0 q o u ~ 0 o 0, 1 J3 ISD 0.y a 0 84 V tl my CtoQ V O W O ~°p°~y0 n mA bm o mQ 07 H : o 1S d Oas y 0y~ m 0 0_ p col X07 jy R. °_a b V R o po~VO :a ci cV bV q a V o ~1' a °'[,xu q° q d H~ s. •d m°pyvAm muf~j°,o 3Qz q A 0 C 10, ~A 4.!4immm~mmpdm~moo'd°d©q a 0 ga,pos.s~~,~„-y,`"L76oSc~v 1-4 00 Imo $4 a) ~dAmgo0 Ogcq~O C. CD C: to Ej ~og0q°mozyost'~.,R~" q A 0e42 ~R"" ` dm.u ga,yq a, ,q °4-bO go m CA II sd{O++ im F1-ca 14 eq CD ; r;A Nmo~onoogHam 14 io O a, .a .o. 4. 'A R o a u -00 S cd. D b ° d 4~a .G p d b Zy H H 11 c i S- to m, m p ofmoo pmt:"_ to IV ~3 r.-. m0 m q 6a A a, xP mag a, m A O V O 41 ~ p3omo HO y 0 q a O , v m> m w ( Ommd 14 O '0~ O AM 0 n tl my 14 .6p tp °i o'p~n~ooH A p..ac`."m A p ~ c4i d,,m C p gdd ud R oeo W S tCL Q V • m ,~m~ "HP.od gs'~a 03 Sjj m C o 1 ~ b ` ° y ',iCf~ . o O 1 W Op cm ---Offf +AS y q F CC 6S c y .y U ~y ~ c i. .~-i ° 6o q-t p o O.u '7 G 0 d ~ C v m . _ . C) '0 64 y a ~ , d C A. O c a. ~ o to t $ m A H . to ",v did °myd goo~Ag~Y~ ' um ~q w $ ° ~ .-4H~Lagai y dy N d~m m.tl., figb A~$ m mo A dd Q $LL.~ , oo0 1} O' Q a, a, F y V 4, oS ' p O W .A b Q y 4, rF ~ 0 E 7 V U q . ~ tl qy o b u q ~ tl 0 il A 0 1,00 .0 C. r o O m id-, m ° d 0', V m as x b m q O ~aA o a~ ~p Edo t(j 7•, o tl _ Dam , mmH , , a n d.'~'.0AIs) ^°nmmmm~y.d$OOOmne~ mAM R tl °oa9-10 d°°gp~ ° g o A Q .4 cdimmd"q'._,gmaOmum oop 64 Z C oa~i q~'~oaapp~Nm~o ca"ovonot4o tf o m ia.Ooodg, 4,q y.,m.,ggQoo Wg q m m o 000x,>"om q (t~~}j J'-. w Oy~{{ ".S i-, a1 amo Y~ Fi .r H @ ty, H yyU q ~ 84 o H 0. U n~ Ll 0. ~ a AQ ~ m ~Am~N++4. °41 o y AA ym O m m y~ A n't7 H .,A qv©~°,~ ~vA q c pcR 0 94 moc+ p ° ~i,~mgy Aq d ~~Yqm oA~ tyAeaomdano.. a °ovatp o~or-SH JMV oml' i Abp O q o3A-+ Qum o~0, mpp~f~ H~Oi7+' Oc7ao' o.CF7o+ef~q~•gdy~maOO~ mm sae=pos, v s.d p,.>',pO°m~o~tNmVm' Qywaom~~d.>'. vy A~i~'„i'o t.u at d °7 mdCd `6vy~Om op 'cf m"" +'°Syym~1. .~7 Uv.:%mf7~~^y aiA °S amyydOP.o ~A'dyg tom. tm, o ao Q ~0 4. m-. mgqmo0o v,6 V Ojp7 5uo°>, m as +3 AAA V.0 1ac.~m0 ° > O vaS O gm tld ~HOdUyd O ~o °0 t7 opO4z>dFlm$s' W.+~ W "44"~NooN s mH 0T:,a00 do ip7O op,~ m e1 - 10, a+o v v ~o° m y A~ 4 a q ASg R-< 0 A E Q.6 o V= Ir ~S. m c. S. b4 00 ~ u oc~ W A U ,y m° 0.0 a p p ~ a. _RQ~ oyt7 O d m golf uy N AA ei>wo ~p0 R -0-cc o yo'Q QFIy GOt~n u:0'd° poP'm_p t>. a5 .~-I d ppp~+ym0~ °l.o al •,da~A0pdbA dAAm ar op.. pp rl b0 y9 al O~g(}U 14t.+1ogPa~ 14 C' p 1 AeC>OH y❑ t y a gA "A' ECm° mo" y~3A.-1m ...dv qpd ~d .v °o a~jp'. aSdvo ova q gOi(.(),,'moA~pH p~~y'~at paJmP. md>Qac'_"m.: 4.0 m.•. S7 ~ao~ "q of CL q4j00 «oqp_O {F..dam m SuO~a,Aai7 , . -.H +s w y 'cf OO m m O O O F. m E m O q17 q d ri u w V m a .n O o B ooli! t7 ~q H y 80 o .u q n m O Od i1 tf o~ 4 of ° tl~C: y Fl ad „>yyA Ob~R m,,., m '~.~+~ovoup4.p~>1~yw.Ad AoH~,o ~HbpAly~v~A~a n ~q°o Q t~ H p .0 Bc j' 4.0 A A.+] 4i $ a, gS m m m o 0 ° o~ m ~'.m ra ~q 1q m bao H y n ammr F o p yifoaxc NHp Egog1 A••i, o baood,°y p°mo °m ogp"'d mw Hyy H... wA .oop Alug ; ~,A oogM 0 opNO oA'G mma ~ampa~pooo ~i,~.pQ oEeyv HHo ~i1u o~,►~°Jk.?; mo zos dmggm,6.~odp,1.4 a r,joa Ao°$ooAE F ° ~iE 'o a oa esw,~a~HL~; {y ,~-,oo mp +gy'~~+Ny cyiV '~'mm.^y m~E'oo qy .mi A a°,:2bHS, o0 AOp,e p.O F•Q'i b ",0 0 4,gmti Cd.40 x'174, m J+p~O co .Os:,..Nod+a tVZ x 0.00 y0 A.aO.. G. ,o. w. mR1, AA .5 ~.-.H mOpt'~Ua+m...O y co os, Ha,m , m~y~o AmgA,rq , ,.d tl o~H.6 ~°'°et~aimRr,ouoo..q~o A m tl~ ~~~~,tmma°,oo^ N oCmm ' oa, u , , , H , .i U H H 43 4r S1 d o~z ff y m r a d H° r" p R O O m O g~{ O O O V m tb. i~ o'^g002dmq0om At+qd Oam~y "mf7m~mQymoAm~y 0 mmVa,°p° . mHd gVrCm.-,i' AHOi. q l:0 .51 oM o>..0.+'m o m ~p ~+aS~ Q _Ao"F oym a~ o+,°oelm~pa°ovo~oco~~° umc1+';,~a?Uac o~~m r~mt,yy~jm 43 d°43 Ay 00 it .2, .1 d V.6 mJ7 fam o~m0?4 C, V.°..0Z d'd40,E~,~4, E.002 aE m q od>+ +Y,y O~V °aSm a°,qA~, Rgd4,Ho H~ rm NqO m 04 qQ y -O.Htgoq Awmo o mo m H 00 k H o 4i ° o ai d d A> ° ~Cl2R °y 0 O H -Q2. O m R m e 4. .s; 2 m o m at 0 om[ a, 0 4 am o pm >,pmaR o ff oa m° E° ooi, .r eiom CD dH>mba~d3Q~d„i,Q,"+ o - Soo0. o t.~ dom~+'01o -'~AA~pmv "4tymo clorq 000 H H d oyd dy,m gg oA qm a,dp 4 m qq~^y0 d~ 1.79 m124. pao: °.°oo o'c~. aVv°,.a.,~vmogo ° 3y''°,,m°ad, aym b ~r!, A s o R -0 . o U ' O E E 71 p~ may " -Ef m O~~ Q O I> y, m d y a. O g d o 7 m 'd ai q~' mF.o0a:Odmd0E:..°-.O~^,H.. q°dwo.°.yAd gaoFlym~.m..~jO^JX C°mm> 0.0ot oYCi olLA. ~o g;;- d o o F, y p gJCai °m aHioa mm OmH° O ~C gyO?,ma, . o aUee ooa, 9R.cv C.m °`"O~c3~~ R}l'bO O ° [ p...~ a,i7 o.O O•-~ q M^ F. y gOay y ~4 Tim,.7 °H c. 0 0xA aE C u O ^ JC C 'c1 V d p F p V c: tm. o^ m W m a^ °~j u O ,>d X m 0 1, m d C .C v c°~ ` P..°-. d ° .p o ° d o ° o .d a s n° y O p .ti dC3 A m0 m aC p o a V 4 V 0 o p as m r m o o m p g .d it 4. b a.. G7 °"''''pJC 00002 d^tip^. rm c. .°1m ,~..~eoy is +'tf tm..RO~w ~?4 .~1 •_.H >rosi °o., 6.~0 R O A o b O dl O a d 0.O. aS V G u a v v d ° E 41 o O O .O. o o v V O V d m H d 't] d v ° 8am., Ao'.,cu,[ X33 zt°o>~F~s C! 0 ay n 00860 - Page 26 of 30 N H I U s c qC4 a~ Fa ~ Y{~ U " oocc - m u L ° m . 0 ama d °qad 0 bb 0 B:6 a q mA to y i c' m A c ° .mo q f . jj .r~ tYl m a R a d O ~7 s ` o O H u "dam a o a g c; U 4 -2 0 c O ° • _ o q i a m a p N m A 0 w A a LU 0 s + a ~ O m ~ 1 _ .0 v os N C) V cY ° • • q d c per a L o pwE 4 L d ~ C sA~o~ oPdHd■ Al • o-6 • 1.3 p s Oq ~df V Q JIQ~ " F O k d J3 0 d 3 s d P ° A a O pb i. E O d y >.qV L s4 o 0.....ac0 ~7 F C o u F o~~Eo .9 -z , a Q ° cm pe a 4> C5 dA a ~ONpAgi"'gobi~ mvH C .-wa+,~v+~ m D,p T!mq~ D t~° >as, .-..opmOAda RP-.-, U ypg3 oo'^gH A --~°A I"3^^ °^"Y JC1 oS~ 6~ C`"Am~Gl^ Mm.-.famM~ r:Ww a' ~gC yq I+Flows. .o q.^.y [C3~U Oy a~m ~ d~'oj~~ k o-em u•'d ~cm, c c°~~z Co~ omc°~m~aca.o cm.Z~m~ .Cm+mym A. m ;4 0" g, 0 ~ O~ mW V~ ~C. ~ a°i ~ U~ q~ g C o Y o ys m 'C! O ~ o k ~ o.m. Rd-~v"pj m.u o m a m+p.' ~ o.'.ujO ~,.,~u 2 &^4 c°.9 i ~ . ~m ~ -t ie~ pm d 'COO.HO m O '.3 o m q A a a iqmmi~ b+~m o..v~ m~oj[~d"'mOb~Q A.o ~'cYaoUOm 15.0 k.,~T,i doJ. q... l~ qa ,Oa mq~..piY a. Y.~k0.~~oP °."t.b H°o-o,to., uU PT O O O :AvJ''s°,O B °~q OR:tt Oq V~~.'[-am ,G mdV_~0.0N2:,0, R ~,q°~°do gp~~~Z oQ'~od°t. cm. °mgApo~aUlgU°' 'S oq-y-.+~sa~~~0~'a~Ay "'+faF+y~i eso tno-+ 7 a J+ d Aq m" A A~ d oo-a ~ o ° A lm. l~ ° ° c.-:" m q m o k 3 c: ~ ~y ° 0dm m Ri d°CH.d°~a yYq ,q oi~~J. `ice ddA°ob~~~E~i°,N °SoV""Cn glom o y'ppU mAOkdAmwo ku0 A t, a:° mO mm0 um.b ,.O B:- r, m q ,y > o.5i m 3 d d J. E V P n ,q o" a R° o m o r; da t7 7 A,q ~ rC m Y a d ° u tr oud dJ1 ..add AV° d3 q c o c~ a ~ o omd ugm~3y .uHa F. gtM.'oJC lf.-.1" =o ~E°,~~mm> q1. y~o`am do~oq,d ma"o°pJ°.O"o>m~v'dyg p u~ o o.dq. gpat.v~UU moommP, q.r. •d u0r,pt=,aapi m~ °mmoAUv ~tbZH~~ciM a1goAaOH,...,.: V.,°.,°d,~t'o V RRdUA-~o~Q~~amFb.~ o~~~ma>_°.°pomo~o^oo~~a'x: CS > °Rd'.~: q c*j ~°!~~~°ooS d~pAVq q H X 0 0 sp-a ~ Y .P-a P z V O~ m O y d ~.7 ~°7 B~ el O R q ,C ~ o u b N to o h m u om to ra-, o a a 0 Y , g cmi ~ o o q q~~ m ~7 u ~ g m~ R is 7 F° ii as mtyd0 agU pp om/ ° g dc.6o mp L+N-..~ ° .o mod.n; 3Ho~aa°ucm.wP.ydou°p,H~~c6 g o~ ~ d©oaopaoa~o~~aa}~cl to P Yb~..gq-,mtwmdddOp~mL'.d yM~d t~~O ~r-,~!'q~•°•'~go~.~y~mgo ~ Amo>J.,Hmmmm o 0) >oo°ym.u °q Oz V~~'Y-ad°~mmY~mpaHpoMCa m~ otYd 'a'omgm ~ emm H dt, a°v V ~Ca~Aya _ Y~ a Y.-, V O q oocpd~ Y~p-a~gaQp~~°m°mgUdmb~UU m~ Rm~ M'dg m~t'um ~ o R`~y,cyJ'i~p6 q ~ kd"ma°aRpd~°° .iy qp w"' ouq a;qp^.4'O~eq m cr mU.~ q n~ ms, omt:,H m° mHUaa ~ by c~ m d v .udoaiY a-, mjagm ~ as o R d0 ~IRaaO~°"Hm m U aao dmm qAa Y ooo ot'.gic.-gdUs°.Q AU~pt~Ypmma'~°a°o Q m >,m" a a7gq9'o'b-ia maSCa~+~ •uEPmlc~ d - a emduo 4aE+~+a~q kmM d P aa, k m ° m m ma d... y,~o oa°i'I's of O~Om Am° ~ tOaama P di. ?Omm~q..i Ad t. oa°oJ°. ,Kdmm Vd..., m Y F o m eQ vaUU a s m dDo m b H .Yid-,"-.A~m en aem blOy R OPOgO m dy ~m GYP ~ o dbdt°a °'_'o Rd Oq~gmm~+a and ms, N 'd YUt-. o~aadm a°4 ~mg E mEm Hi~oym-au~O ty RkR qmA mho A°=ysAiw tm 'Q b:~dCa..,OP...O.koP m m-..A'cymdOco!,G PHO/,o~ °ma.°~P'+++myymc,m Oq Uv~: y.O O~ tl° O_~-. .b QP"M o.-.~. °isY Obm atti O() o`"O mO O q i .o P F to - JC m O.. ?CU U(1, qa 3 PP.Um m mm Cv rPgm m~YU tmy.. r.: m°a7o .".o 4YO .C'~,..oc.b~m-ddooto~q ~.q.ooomx~Qm O ~bp t°•,..~'cdiQd~.,pi oF7k 1qd& oq> °H^'c%a --+d m„a, RaU q msmO[ :J ,G tyu a Q?iq qp q O.-. ~ m p'dmkq .Y~.m~F1y 0 +0. od a omme,pmRRpoO]!'~°-, ~ mSmd R od Aat~~A md.q ►7 + D9U K.' Gy~Q,a y Lyd O R~°toy 4aF ~~,qa.. ~,p ejo pgV'clHm~'mmm Y"H RMpU Oyu,, oma~i Jxm tyi ~.miP g doJO Ce ^dqa'°i~i,0.,a~°~N.°k.,NpoRp~a~x~°Hib~t°.~P~>,~Zy7 ~a~HV~~°Spym cso~~ o°~.Om^.Cb07d~ ogA ga°.wpmOy~oU '~TY'~ogvp'ro v~vgy°^~°~>Amgc+ E._..am....m[LYm..,v.a odYu oA3.-t~3oso~ofo~.°~ u°v~ o n°~U_ogmoEvm A~. A~~Va'3 w 3p o G ~ C.YY UY~ Ou'Cy ,:.~Y1]aJ YJYY .3 a-. C: ~ 3 m aA~-, m V dYY mP U.oYA a.yYUb m as 63 V2 m v . .q m ~ a r4 u ~ d d ~ ~ eepp Y ~ ~ _ ptt~~+. t~q ~ O d.b Odm °gdUa7 ..yy O~mow d~obpY 'd b mm ~ ~ O w vu~T~~~" O s'gim'Cy] aAu~q~~qmy m0- k V'mU' giAy gUgpN Rl7gv.~C u>~ ~Go o A 4jmodbyd bq A q"' mmd m q m m q it kkmogoP, Am O Yu.J- m BkmcQ °d d.'~.u ~oA mVi :7 bm~obwl(gO .o kO q Rm 4310 dpd m m&g m° O~OAdO ooi4 aS- mmp mmo °y o ROga~~~°}}}NgyU m.A.a boJ' k1"gdouokm~ mciY mmuomJ.m~+aAamoAd omq~ u0~ ~ y) gOPHYm .cidA qm O ~o rd y yc•-"~oPm u'~^~ yoi f7 _"`~a ~ ma.daaaR>~o ~ >o okoiao"p` o Y ° °y oaq°«B° °u k•''AgAq~~mv++q'd°'o o y V Ld~~ mm 3.> 00 d'. k a Fm' O P m m k. O~ 2Y °m 0° O R N O O g W> o tm'O ~ y U a p y'[a P a°-i A b~ P~o+i ~yg aaUii mm oPOa oka E rd°odRO~..,°mmo myWY mkA-y-,~q~ F~p ~ ct, ~ PaJ+omm~ u~~oatio~ °P°o ado ~ aYO~ d _Ugy~mo m o bb A H oo pm ao mOP Pa"a a"aqq>~o~o~~o oa>,,~n$..~iq AmmU°~mm .u pS 14E S"0 qu WPk°~A dOmpbatm., ° vH d~do d.CgAF7000m•q Aa`3 q.Fl ~boaps+qp'paRm3m+'~.a~E ,R,PpmoEom ~.OO~a~m _y~COUtsq.°ox°>~~o°iudoo ~Jv~ d CCm oSp &..~A a~~p ~uC~O mb~pk Wu uo°oppaAf-. N , „c: ° Jc~,m mgR83'0 uL4 0k~+mpuq ^j!mOk q k q ORm ao7.-. y0 O.-~m Jam q O'.JkOR~ ^ k u m m Oaa33 O O° O O q J+ m m OopA-..poookmgoYau~ ° Rm~ YO °i m'.L~ O.yVY C, ROQmuyGy2f~sgqgp""yuV d~p0 GQ~n b O q o {p;, amp ~ 9 ° Y ` m~° o~ e°7~ m F: 'o C~ Yi d to o o p° k of ° k ~ m k b r~ ~ v A~ q°~ d a g a a m j ~p c7 0 ~.5ta~ o ~y o~ aub V s. opu.A.,Y1T w o w°~ QsUa°: p v1+~`-! ~!.Gk.'.k qo~-•~+'kmpkoo'qcO v,Cl as 4 mOm~>oUx..CQmOA~~~p~om~o 13 c o>o p>'p dp Ao %3, vd o Av aqo~°. qm °i /~ovoo 0d p U L' O k a m y t k q a a. O m m cgd~o~~°~°Ltd]M~ 0mg°o t7 dui o o4sya4 q dO.~a°4 C1q°L.q ~,d O e V V p O V d O p y V L q ° p Q V ~pt°..o aLs puj '4 o• -4 C) Q~aQA 0.0 eos 13 0 tFs. m o o S V A t i~ V g T p C7 Ao cp o 0 0'. -.:O v e qtt ?}S~, :o. o ° oO.. ct1 pq~l~ S to ti d L O A C o o'!'. v G i. Q L W O v G o A 'b9. 2 o o,ma.ooCy °d O°pw d mW q P d ry k G1 6Q m Y o m O o O 0 d o Y 00 m Y° o" N w ~H ,.m tm., p og y m o y~ 00 o v d v o k u H 0' 'd o A O d °b q°a~.c; RId..' m ed"~'OEtoacy=~'mma A a d g c V b L C ° O Fd Pr d 4) ooo m_m°ov _ a! y~33OvY °OdY in :7 ~ w and°~°cm. .0~ YA aSOmodm...ooY'O~ a m~v m-•aOpd 02 Cc* v FoutlmOIV a Eao~mam. al P°...amu k `aa~po°m'd0 p.cypua~•pauK Huot4 q ~maka Ok~p.m aod~~Rooo O m~Coa~mm°q Ymm.O^d d.C ° 'd°Gw O a Li~ pO E.0 kkp fd.,b °O~t+~~dp'CI ~ dy 0.9 Cc) O U.Cmu ~3a m~ a~ O O t, d A 3 O d o~ P JP"., ~C 3 x~ a ~ `l .00 u Y 3 S+~ m Oq u!y'°°Apq,e3dF~o.c-9 ~oO94 c0 F ~o quo m oc~,a~~ g4" -°+'a o 0 o u .di r: ,d., a a o Lo a s b o o cd. d C4 pe q m o_° L .o. m ~',o m q y, ° yd, d o u~ a v q ,a-'mpuP °Umoc c. o and Shat. ~p bt.' Aq a°u01mHdV~"t .:a&o~>,3AO7m k O q A k d "°~o~~oom'°c7Qvp,y,oquoG~P~ L V d 4 E a'O.i b v 4 m L C O° P O J: j•' O {.m Y m f.. y Y V F d Y N .-1 00860 -Page 27 of 30 + ; • V 7 ri m i U O O V .w O m U 8 g ~ b 0 LL Yp a i~ X~g o~F E m m y O m b d AO O u V m O 'd Y 12 P: C) w LI q `r m a m~ o b C O eC1i aS " .0 O m V o Op,~u m a uz~~ ul °o a ) .'OO, d a4 ° A d are .d " .0 F a.: •y ^7CH . ° -•°q°" °Vmftdv0n°i. _F x°ai ° ,'0 r Sq- mu p dw C. u u 32.0 sd, °u .o ~°.•~"m> my•^''gwU'". 43 'odAO>rooa C.,. ,.,~my4+'Cupvm Um~t-"', _ b Qyddm.q ; o•- o.ID ei i o y°m.C tan+,o yp Fd~ Cr0 m. yAd Ou 4, O"~oF Np 4 yyo~-.u c. Qg~ d p s°.~ o O o +"-r I-. A R O •c7 U m .cCt~~ o q S. O m~ O Rt°, m Ao .Uy '.Im QU ~mdy''d Rr.'Q6o a°iA~m C4-a,.0m0 °J]'d py~ m0bod~ ~dOA~'S•1r i-% *0 0 td~ ~T7 Ho m°oR•-. ym d -.-.Qr dFUa p ~-7 t7°d ~dm ppm o p O o A m.~ cI y d p Co C, o 0 .q m A'b q v o° °o H° p d' O g m o p o m Q R p o .O O S d, o° A to m ° t, 0 d p a O ~ d 94 ap t{]~ Um~~R~om o~"o tad o.~dr-'~u Rnm °w1NmaRV.-.~ti o C00 CO dy~UH~H q~ d ''0 OO,A Rca ©mw ov aOm_(D C"'m'.°3i0 •°o m1G.•~d°~oo H.G o_opp 94 w t4 43 m0~'i~p6o%o- ,"Qt'ig27y^Xcd~m~,dNHOCOivp _'o Q"'~p~yCOp p0a1`NoiC) Q'~'.0 as. Co t: W~c°i ~-'doR to F_Avoc, .:r i. 'o0 © O._.F0-000 °ymat,i r, t4 0;7- CD d p°G,. p~oyi, °.°~gp.4'HDy14 p>,~o 'Ub~°iRAq~ayaj"~°, 0 ti omotiCS A G Ou Qu .d- plm~Odto O m dt,vAy d 3. Va~Qf.'~,ap°RAy~ yyO.'dd~ > a m O oWO>yeom A~dd~'OpRamiO0r 14 ~ o A c`q ; d~p0yd ddmoedA ° A+' o.C m m ? F cS .A ~ o py~do m9 d o °o O 11°4...0 0d.1i dyr~° d M QC~HF~°G C) A.q po" >,>+°ii ~m~UO°M n~ar+~ o°~ ca R N o i yo m do vp~o0i"6..o.o FOO~~ FaC E' to dVFoor4~o+''~gmH rm .~R my OU °w y~.-~ R3.o '`+o~O UP'OC, d°.qA au~a del o Cl M7 Ul 1-1 o J, .1r- CO (D mM°o o bF_l °q. m r C, 2y om m _o V C,.~ M 0''b 0- la C, yyd°R oS RbO° bo'[ y y N r.'Od°m rd a>+>,'hm H q d d u. r 3 c. U v p, m a O GT. a a.~ d 0 F f d u eJ o A Q w 5-0 0 cl t4 ca 14 0 .0 CAdMbo >>UmopA ,uWSNd q Omit' m~°'AR~f, VQp .ep4..,mRd~ooO a ode MdaF.00d F ddFd [J~d~gOy'ff~yy,'nymd mOad°Oyti, PA mAy~_ [1 ° O Od R"0 V`~',-a Up is .CEO yNy 30 Umma0t-r cA, ai J~-i Ev ~3mm0 H di'pmymApaoQm° Oi.sAa° dmo~~q" ~CA0 0000.0 q4..0 41 ~4mm~ms. a°.a 41 d pd Cl vy dJ7 yi.0 T1~oA mP m s,md 3.yw,°Q!1dC3.d O C,,b.OO0 40 b opQ pmm 1+ Ho m~.5 t°. .4'©O al°o.C t, ~~,,,yQm3$omC'O°+~'R t~o$ p ©H o~r°°3aa°dyv~a o .0o°m.popCIO 0 8 p}du ~o..~0d ~0 mu y..m,p ~b c°, ei p0 mRMo~~O: a~ d w d0 y.-. toA ~X~~y[J mm~ 'U 0 La td.O'CJ_cq:QEoRdZy0~p d~°t..ln.0d FY~1o°ovCa C'Od .q y3 oa~F.ya my a d d jr CO d A d-C gmgddO0 d Fm L, O a -,i myt.. o3m to a~ .my~c'Zaldu °.C.40.i ~o~F-, Q`U'omf7 s. NO °~f„°dT~x dA,p UJ7 O~od-.F do,~C'gpR Aa.u mAaO r, - ui. d17 a>.-. 00 0 mmt"d0 d y°>>+m O O F' RAayO _q ee duo my•~m! F00 id, wu °a 'q Rd.O'_Oaq.°i' poHfa°0to 0 C, C, ~°-,o c. a'Cim mC7mooW_A ~~°q P' %+mq~gA d imm+U t. u.•--.dl]-A p^'^'•^y c.dEOAOm G..dom...°~o is v Cold L p m c. p Q !d p s m O 0 a o a R m p a~ 'O v a GQ U d 0.0 o d I>, U .o. 3 O U u v> JO Fl u 13 U u f7 . H m p y d a a o m O U Jo L:atiL"t m q A dd m o W .C A o .-r m u y .^..a t. aR3 V ro r Q p~ °m-R~m~mQ%y ttyy i. m m m~o~ qy.^y'd~yq r?ddsbN CD mU Om O~O Qta t, 03 14 masq~rga"Vmoo~b b s,. m A U. ed c, O O. a d 000 P~oaoa0 ,o y d o od1 C+'g ° mt~ b00y OyrQ~~p Q~ my'mT' O C; °o m c0 A . ~y c. C pp a mac: o•°p Cl 00 aq{, QN _O00 '0 .yy .m.y aaQ O~O~°. ani CO ~d ms 0 A ~ ~ay »a~n 93 bp 0 C) E ~iV atROOy ~ECP3o ~a.° ti~ g o~Oy~ o q e~yy p °y 00 q 8.5 ee~~mm~p O~!'✓u p0 p0i~ A~Cm otfOai °q 'd a>Op, E iyo~aoAl1 •,,,m U&aa u„ mu4ww _Oy ty. mo m d o 'd m m o m 00,2 Hi3.C o Q p©p p t7 m p m 0 .0 .d al u +r O~~da oyndtty d,q OadO V m C,d OV Di vutj u°o3ym m.. podgy o mmmtm,OpVmq~ O0 C, b Oatd mpg. p°s°..•~UOA L°i Qp 4uOdm. O ~~O--!OO0doeSOmmF: L, t, A yQAm~p p O i7 ogp~m ~po$0 U- 0 O V m °A ~ fa.-. O U Qd m°d+q'Ojj0 mNE - E -d '0 m+' t, o> O-p'A 0^uim O 0o nU a~op~a om>~:,oep C0 y7° a+[7 ~dArmMtl.p ~Om m uop°~on:,F) C'', v~ 13 013 r }r~ r p y Cl b' >)q u r r C p •O r o C, r s. c, C, m n r o t0-,dm""..r0 a~a Qc. at CU]q yOm 0d t~ 2 0 V 4) O V d a°-.bd °p FAQ ma~ 4D 61-0 ARC. y2.,-• o .0 a2 o7 A > n 7 0 a~ as 0 y X: d m aS P O C m y p d d p t, a~1 m d m A A v m ti a es ti Q° ~o R.0 0 o' mU 12 Oy log o,ooCx dA °up~do.Oq taA `'mny3o N.~ Vim; ogocc~,a ,tyG7 d°~ y mqn o q qo Uapio v ~uQ.ayt~+U1 m,•.-m~U~O~pmOyQg~0 q( Ouol7gd st m m~ 't7Pp Oa... Ac) A ya an C2 upau., c$'yC, v m a. COLM7~t oa., o.., a A0o Vyaj C p m V ba.. ~j - o' ID d ~ .K Q~ d L, Q.0 bad 00 7-,... b to c O a~.i d d :c:1 o'-' u ON b' y° aY F Y1 A p O. U csd ) Yy a{ FCioa"r~ ia ~,oci$ro o a~ m o dd u 10 m m u 41 o 0 da" m~ 41 G~~"'... .g U p, ~,ncF:+~adi Fi. :a3 t7170~~.o. Z Qod v~ d.0 ,c ooo3a">~F-°j ~'C7°~ QouoO~umUpUOv p~q ~°i'o'uRmvQ'o0~°Ayd~~~d1 mt7..ud d~ o q~ a7 u m m F.d to ~°lc o0«°0dv •°laiV F jAODO~~ Gm .u pF'~imp o y a o v q w v o a F F3 c a d U d lG y p 1q C o m r-, A o o o u c. F o F a d y p CCp da 0 {y CL 02 .d 9'2 ~C[p UO mQ Ooo0 ~d OWE°paaOvimdd Hat°, C'd y°m t0. v m Oo C,o P. c~u may 0.~.' 0' y ir t7 A ati~,U ay°p UC, C,U J•7 q H t, m 9i ld Old p d d O y m t. o f7 0 aS d O N m C' U O Cd. w y° 4S ~9 4; V A dd o'ab acTb c.co QRQaUA tmt~,gb Ct a a opO'°ogEOm 4dSki `c{..~.~CaaOm 02 P O O,~a uSOO O--.PC-,a a'".au du~-. t"ro"m JC tl o O .C ou Aa >..G-.u Uu S R~.. Vu IM > r 'T p { F 'nremn iQ88B~ a m E j 00860 - Page 28 of 30 Hill 0 rM-1 g 0 °oV a~u Ma by q o H m a wo ~i i A < x O mM a L7 v ~o~Av N as • V mmsv~ p . CV ~ o ~ O b O Aa Da 'd'n ~ aaaP v ° iayal aS.`o y m .O o • .O A pNj m m o _o 'o a8a~ S'9EY!csl~lhh Abm i syQ7f6n., s oMSO.~a) . ~aA~A0,:gosta $194.4 m~id ~da~dpoA3aE,gp~o$o~~~Q om o c mCCaau...,, Httu ~V $ OA q P a'OH~ Hv0 ~ v~ ~F7 ~p°a3 m °.m pmp~P N,d °A ~'u~' my~~+'0O a.Ot~oou qp AWU oP'a~Q~+gAbz qq d m aq .Oyy H u Ipa a~Ql °t U y0 O V Ou ° ° . ~Fa~wps~..m~~alo> ~s7 l~0 P aaVU o$LL' damp om`'R t1 t° aa ID 1. °oo°d t3Po>U,,.2'd.p~AQpaPio++b~°pppppPLaa~'c ~m W p O m QZ--Od m~ H~i7 d .Oa ,afy W o1 O93 aM aA o d^'Om H°dOm a s 54 o~~d o$~oa 'a °~OA of joA.p0 0 E~P °oba~ ° mot? o RstloA Ica- qA'p' d t, ~pI qq a u ppm cyq p ~~qy ~~yy FI$a3HusdOtiAAa~H bvi~d$OMmOdAN dui N O-toxAotia~ 0 uAH mO~+ O t.u ,qa O,q Oil -m0mm~+ mo °m^_. d..oa~ Ao~m~$ oa $a~., $ cS ~ o A 'b [~'d m d o O A P u d m d o J7 m Li C a P qal °o my°yan ° d a x 1u m ° V et O as JQ O b a u H ~ m 1104- o R" oydO ~,tq. v>aPp dA m oaaoel~.°+ u,~yR da~>aq d.~ Ab... gA,S~d'OOd OadpA00a'°i o o~~ a°a a°6o FFoa "Ote. Og~oo o q m ao xtm A P ~ Go 0oo am aos'^H p 60000 ~mor.~0 d o q TmmoO m m $p 0A'a x ooag$ '7q~C a pH ov a q0aSmAPm pA~~~+geg0 R `do A ° V ~ oti~wo as Ei~"" ~°PmRa~ a'~ u s7m..u u~v a: O O' a~ t1m m p .aa mOP ~m Oa.tfHpOmT1 HO d pOO u y-- u° ptltiUp,,a.~°HOd n t~ P m H O o b 0 O n a O a., P P of O H C~O b~q n H~a a°~ am P H~.m o V pbo~ n00' Ha.~ ~p y m„pc~a dAdaM~sgm~ti po~a, H ~"aaa, a po a" , IV 'iyovL7'.°d~'°.'Ov .jOdaw°om~a off°~ ° °vn >°dmaOu~ m O d r., E d SE u T'i 0 d a q aS R a. u a°~ u m. JC p as ~,d m u H $uu ~ ~~:3~pROO m ,q u p O.-.~°+'°"'~a~q ueo„a1.uR.•.mOpaalFOa 'cJf.~ OV~a~~mmmam3 °o^'um + i7 o Aoogn°ua c 'd P2 yo o o umm$4 a.p 60 t.°uaa'a aPi A6~omammp~ama, v °>doa ac~ o aPodta~vo•,p~a!'"d►,C°So""~ ~aaPO~o,m..o..n0 e.m.•°Cat°.a zo da°im°$a'° d~ °a$dQaat~ti bAAM o t. 60 m q _O m d" Si H : O H g boC O o o ~a u p m.y q ° a H w q n m~>d.0'd..giaom.a ytl..o u. s. HDm oulam ROdaa~°u u H pp auP:...n O .tea. pS:000... 'cJAdH °-aa a0 ~~'dda' O m 1] s5++ V a u~p dm mRi u~+Cl m... pli7n onmP Fuu u msUquP d0u 3 Ej P~O d [L -0 OH r.a uu U~d P~qW auaa.d•.ao d oma6 SM, =1 aSi °as ..gmu,u.0 ~u Ou ^p Ao aHtla mi.. d mad°5od;,3 aE....n a d m H ° m pq.4>Amm Hm feaiA° QA a~w ° 00A 0.00 o FVq>°OFC~EoBPd° bomn°v aaH° ~E8n0E-.;;Pq aa~H V•pOVttIV U-00 u~udd.°5.04$: OZ OOd000 as dm Hal O OPOV9a++~.-.aS =VUEO° Vtid V R-°,.OV -79 00860 - Page 29 of 30 ~Jg ' i MINORITY/FEMALE GOALS AND TIMETABLES 00870 - Page l of 4` T MINORITY/FEMALE GOALS AND TIMETABLES The fe le employment -goal Is effective as of April 1980 and is currently 6.9%. The percent es for minority participation in Texas are: Texarka a Area: T_ exarka & Bowie Co. _ : ::,{.:y: t{ .•---:u: :.Y. .vr::.::: ....y.,..4 t ::n-n•: :x:::._....v:.y:.•:: T ler-Lo view Area: ::'Cof Lori vv =<:Gr g.g Tvier & ith Co. 23.5 Beaumo t-Port Arthur Area: Beaumoi ,Port Arthur, Orange, Hardin Co., Jefferson Co., & Orange Co. 22 uynw •-''r5 :{h. t.:;; •.{•s•k• yr\. /q4 C ..t 4}v:? ~:q:'::i•{••-: rvu:Y:i.';{`~:2q:~•:'?y}~yfi N.on=:N1S Cocint,es:of::Jas er'::Hbus~ori=:::NeYVforin:.: s;- :,.~4~.~.-:::.>?::,:s.t.: +},:~:~s:>:~•: Houston rea: Bryan,,C lege Station & Brazos Co. 23.7 + 4v: w: n{v n :<•.C:.v::•, .}:..,.-.}~;.}}fl}ii!'::anv♦.•.,v:v.•:. :G x s_ I..e n•::v: ~:n.:... .......n.......•.•~i..:.,..•.......:.....n.:...-.:~%:l:rv.n:..V....:n,:}:Ct:}:{}:::i:.•.r.{•.~:}.w:}:r}.vh<•:.:::<4}::P:rii:4:v:`:`.<sCn':i:'v}it{.'<vty}i.;v.+i.}•.<{t t`: n::~$`i:<::?`2,~ Houston, razoria Co., Fort Bend Co., Harris Co., Liberty Co., Montgomery Co. & Waller 27.3 Co. Austin A a: Austin, H ys Co., Travis Co., & Williamson Co. Non IVIS ount~es of t3astrop; 8lanco,;Bumet Waco K een Tem le Area: ?:S-:{:!t:!i:l ~:~:{;:n~;:.::;:::i}i}W:it::Y.f.+:•:.}}iti Jd}$^?f :v.'v~i`?~?;1 .Klleeta€-; mple~8e.1[$~0.~8~sCoryell~~ci.;>:<{~xs,~~.:<~:~µ Waco & (McLennan Co. Wichitz Wichita Eh Area: Y`FCo~lr~>Co`~<`C?al(as eo'<tockalft it n & Grayson Co. ~sofCooke~Delt°a~r ~o<:ato~f?arto~ far a: y Co. & Wichita Co. 00870 - Page 3 of 4 24.1 20.7 9.4 12.4 N Abilene rea: Abilene, allaghan Co Jones Co: & Taylor Co. - - o :;Cou.-:... s, wri':.Co1e 'a . • Y-•~• ;:{Y ~r~:, .:....:v.:•:i- -.}:r-5:' :L„ ..r.; ..a.n!i: Y. -n.,v....:nv:-i f1~nd . . s ...1. fie + - • <:Knc~x.,:M .-half::;^n)ntanLLC.~~',r,•,•.:.:~.~,,:,.,:r;:•r:~:_~~:<:>r:,->::>:r:s;>>:?s>>>:::::r-.:r.n-...:;..}:-- ~..,.....::f~>-l~.as~Cel(,,.Kt?~rt.:}},:....-..,,.n,,::..~a~:{a.:x San An to Area: San Ang o & Torn Green Co- 19.2 San Ant io Area: :.:t•::--r..:.:r::}:.:.:,r.:a,•n:,-.vr::{•:.}}}5:•:'•x}.4:.r{}:4`f:?t:-~'::::1::4}:m.:t..}..}:.,•.{•::::::~::L?.,at:~::.?,r-•.•:-f.,Y.•:..t•?f:?}^?ci;} ,:;}:;c.:•}•:{..r: r w:.Lv}.:-nvAmY4:6%•:Svi:}::<Gi%}:i;~4'i.}ti.L::vYK;:jn{is::{,~i>}:~~~, .}~.:t $}:}{:4Y S}~}:$;4;n.}i i?-<Ci}{3`.?:,t:'rin;}nvr-wrv: San Anto io, Bexar•Co._ Co .n,.:.~.r:.:~iL4}..n:~->::.::i~,:~4::.}~:;n::x:.~<:r<v~y}~;;},<;:€:}~-.~::r.~ mat Co. & Guadalupe Co. na:y..:v 87 {;1 ;71 ••~}~.};}}:.L•~u'.ti+~' A i;'j}K:Ln~;:~j+3~;.:.:r ~:.f:Vir::/hiS•::::•i-~vShn{`-:{:X}}iia.{•'vr.}"v::ir,Y,.-i:-{.:.}Cv, . ~1•I.r lY7`v. "'~uiJGJ'o i} .L.S:: fii'Y~i:^-v:-{{?i::{fi}~{{:?n}~Y: n::..}'r?{f}'v:.v -~,.}:.S:i.::..:',•i:•.::.<{.::::..-..:..:.: ~sa-«gandera~~}: - i}.:;::;:L;i;{:;}};?::i.}:w:, 47.8 n...: ...:..5.N ...4i}}: v•vv:.vi:.}:•jiJ:4}":'}}1.?::}Y•.vF'.v..r.:-•y4:;:.i5~.; {:t{•i`v'F?.., .f:4:r. .4 rv .xT TLaI~.V ~•?'?.►--n•~ry .{?j;:.;r :X; .}{4 r h.. :Cn{$-•{y t?:r.::}: n:?ti}:i.L+:ti•}%". ..4.-.)}{:~}~.7 ~'i:titll C.~ :}':v t}:}•::: }`':L:CY:vyi~i•:^ :y1.im~o- • -Y. <::.:; .:.<w:n4,•.}...}:~- .;;:,.::n<:.-}::1~!~IG:onzafe :~:}};<-::_;:.Y€4~} }:::}r.}:?.>:{>;::.-.-:....:...,..,..-r.-.,.r:..r:..:.-. n~err'}Gn .•e. : f:...,..,.:::..,:{}}}:+.-~:<:;:;.}}v:?.;...,r:':4;:'.,;:;:.>:4:~9:. -{.C}"}%: x: v.;?.}iV¢n .}n`:Kr}i: x.tti~: ny :n:L~n•: allV'~'+{}~~...4~11,(~/I - /•[:r4:A/y~ v':?i4:}:ri}.:,4.. 4.::..4: It .SrLi yi}?},Sr.(:J:ii}S ,.4.L: t•::i „SC,+.-v:;}},4~i:4 M. .C~F,.:I.-n1 ~1.VQ~r}~/~~~.j Q r,.•}n}'~..J.: :::r:: c bra-" .t:-: {h. v:\t •.y~`-}: 4,: ?{~;•y}rji~?F}Y fir.}}tt. ..4.3..t• •L .iR :~11: :J:}: 5:••, y:.:val e•~~:::: - G}Verde.~:~: ~ • :ea <{r;. :i.YY ..-.:.........}'.Wilso..n ..Za ata} .:.f::.:.>::,~}.:,:~?t}-:w•f}>.}Y::::.r;..~}~}S:r{:>~<-:.4n4:LV..:<:.:~<t::4':x::r:>}z='.{L.:::.,: ~YYr~;~.~„:~':~:.. .v...a..:... } 4i Y'S-`.. t•••n•J--.' S.~{,:8:+p't~~:jrn {•r: :.7y: L:,;v { :vn:~::} :fa a.r.:. rnvv..w:.Mx.i4%:54::,.:::t:'::ij:~ii>:::!isv:<{^:?S:i:::-:is`{•:?::~•':'.+~i.:}~':St:S':5': ti::::XtiJ:}ti:.v is ;Y,:•:4({.\:.Y::~: v}}%';~ ~}y.ti:},.•r„}4-~•.;'~i•} ....,nn...:a1.t.f;\,{:.:x}: n:...,. r. •:r? 4:.. r.`} •::.S;c.-}. .l•L~r>Y;r.~y~^;,;` Corpus risti Area: Corpus C 's6, Nueces Co. & San Patricio Co. - ..,Y:'•: `~•4:;:;}~.}`}Cy.rY.:a_s.Y:yr~}:~n~}M:.v::4;.:c:;:{{r...ronw,Y.^:.{?~.y.: r;:.No'.N1SA -:QUnttes. of.Acarisas} :e :{,'xt.r..},:{,:,};n'-rY:~,}•:Y:vt:}:4.-r:r:n„wr 41.7 : , . A{. R:;$,re,: Brooks' 'Utiyaf.. n•:.:;•v :.V ,.-:-n..n.- '-x:?4 ::::.:}::'.vv.{.:... :?v-.,v:Y.vN .....i} ~5 ..:L•.. }Brownsvi I McAllen Harlin en Area: : ~..'i}:{.:i::: i::}::: ~:::r is •iC ...?4}}}:tv":.:y~}:,+:':i:??•r:'.:i:}'•`•Sti!.?~:iy{v:::-r.::••'?•{i,M1^-x{n r^h,:n•:r: .n.: n. . Brownsvilf Hain `eRr Sa :<Be :'«';f 9 r1 &.:Cameron;- . .r.,:r.}-}:,.:.r:4•. 4 .........:-v.,.n_ , 4:4n McAllen, arr, Edinbur & Nidal 0 4fi:-rr:-fvv..:v:Y:4n-:iti{4n:.,:..n t'$. ?<>ti:vC=sivK:;7.~p rtie`" s'of. a::.:r}... St ....-.v-...n..v.-.:.. Q.' rti;~:; :\i~-: i:R-•~:: -^C::v $i\f:?4F 2.8 v - . is •:•.--,.:;t-iyi-?'evi{?{: ...r-.:.nvn:. r..vvv:e.. r. rr:w•J"": i~<:" '':'~t4r >:•f is r- .}i:' v:;p:.: {ivy. nt:4:• .v:..n.n..v.r v;:l}ry. v:r:..: +t:Y«y~r`. .:.4.::i::~'-v: nvvif i?.:i• Odessa land Area: i. h.. -v v.... rv::::.::vxS:Li{L•}}i.•:r::v-;-.; r }54:,":::.`•':•:.. •"•i'.: i:: ......v.5:•:t{iLif,.:?~v-~:}:v:::5irn'4}}:4}:4:-:;;:L-}}:-:SC '::L~~Lti•':ii :y4:}} `G:' v.}5}:?.i:?~•L {•i`•: Sn\v::vL:v, Odessa & 2:4 n MSA unties o.f..Artdrews:frane ..F~tacc~rict::a,tx~r' ~ };:,::.:_:•r.,:r._:.:}_':::>:.;}n{.:..}5}5:4.<:.:..~ 15.1 ...............:v::::::.v-•:v:<:{•Y.•iYLL::4i:v_:.; :i ~F_2:'}t::~l'^:;.:_p ~{.K:1 El Paso ArBa: El Paso & Paso Co. {.y:y :k?;:}.::x::{r}c?Cv'I•.~.-.•:.:t::'•4=-i{_~o's:r--#.+^"K{'•,^.~vki., ra• {S:,':'"•" : y <;}}Y Non-IVISA ttntres o z Culberfso'..-::. .x v :{},w.:L,4w.:a•..{yh f Brewster n~<:Hctds ~.ffN;bavl~_ }:.v~~t~>:s:~,yN:..s_:..>::,-,:}•.•4•: _n! Lubbock A a: Lubbock & bbock Co. 19.6 ,.-r::,v........:::f}}':fi, Amarillo Ar Amarillo Po er Co. & Randall Co. _ y vS{•::rr,•{ti: ;4;4}a} ;n rv$t A nr.`.Xi^'r `}:4Y 1t: 'Y!tyY Non-~MSA G ? .Acrrtstroria::BrIS['nP..f`arcrnrc.ss(`:,•:.t~ .:~.~}..:s-r.::':zt:.-•.:, 00870 - Page 4 of 4 CONTRACTOR'S LOCAL OPPORTUNITY PLAN 00880 - Page I of 4 18~ i ' :CONTRACTOR'S LOCAL OPPORTUNITY PLAN he agrees to implement'the following specific affirmative action steps irected at increasing the utilization of lower income residents and businesses within the ity/County) of To ascertain from the Locality's TCDP program official the exact boundaries of the project area and where advantageous, seek the assistance of local officials in preparing and implementing the affirmative action plan. To attempt to recruit from within the city the necessary number of lower income residents I through: local advertising media, signs placed at the proposed site for the project, and community organizations and public or private institutions operating within and servicing the project area such as Service Employment and Redevelopment (SER), Opportunities Industrialization Center (OIC), Urban League, Concentrated Employment Program, Hometown Plan, or the U.S. Employment Service. t To maintain a list of all lower income residents who have applied either on their own or on referral from any source, and to employ such persons, if otherwise eligible and if a vacancy exists. To insert this plan in all bid documents and to require all bidders on subcontracts to submit an affirmative action plan including utilization goals and the specific steps planned to accomplish these goals. To insure that subcontracts (greater than $10,000), which are typically let on a negotiated rather than a bid basis in areas other than the covered project area, are also let on a negotiated basis, whenever feasible, in a covered project area. To formally contact unions, subcontractors, and trade associations to secure their cooperation in this effort. • To insure that all appropriate project area business concerns are notified of pending sub- contractual opportunities. • To maintain records, including copies of correspondence, memoranda, etc., which document that all of the above affirmative action steps have been taken. • To appoint or recruit an executive official of the company or agency as Equal Opportunity Officer to coordinate the implementation of this plan. • To maintain records concerning the amount and number of contracts, subcontracts, and purchases which contribute to objectives. • ! To maintain records of all projected work force needs for all phases of the project by occupation, trade, skill level, and number of positions and to update these projections based on the extent to which hiring meets these Local Opportunity objectives. officers and representatives of ( name of company), we the undersigned have read and fully a 4, ee to this Plan, and become a party to the full implementation of the program and its provisions. S nature :Fifle 00880 -Page 3 of 4 Date § 1926.6176 If it is ne board or i where less rail, coarr, ists, all f with a sL ' against fa' (d) First (1) Provls and medic cordance,% (2) The there is in use at lea proved 30 than 90 fl least one which wii to the sur. equipmern the . empla the time 1 (3) Emp, the ungua i protected proved wo (e) Comr mercial'd ject to §§1910.401- [39 FR 2280 FR 37674, Ji 1 § 1926.606 this sL (a) Apra front edge (b) Buly the upper (c) Coa around a .l out water (d) Jaco, rope or c rungs. (e) Rail, means a guard at deck. Su Hours and tion Safet; Occupatio► (29 U.S.C. Order No. 29 CFR Ch. XVII (7-1-99 Ed'Rion) -ssary to stand at the out- board edge of the deckload than 24 inches of bulwark, •ig, or other protection ex- h 11 be id d 25059), or 9-83 (48 FR 35736), as applicable. and 29 CFR part 1911. SOURCE: 54 FR 45959, Oct. 31, 1989, unless otherwise noted. iployees s a prow e table means of protection § 1926.650 Scope, application, and deft- [ng from the deckload, nitions applicable to this subpart. iid and lifesaving equipment. (a) Scope and application. This sub- ►ns for rendering first aid part applies to all open excavations 1 assistance shall be in ac- made in the earth's surface. Exca- th subpart D of this part. vations are defined to include trenches. mployer shall ensure that (b) Definitions applicable to this sub- he vicinity of each barge in part. L one U.S. Coast Guard-ap- Accepted engineering practices means nch lifering with not less those requirements which are compat- :t of line attached, and at ible with standards of practice required )rtable or permanent ladder by a registered professional engineer. reach the top of the apron Aluminum Hydraulic Shoring means a ce of the water. If the above pre-engineered shoring. system com- is not available at the pier, prlsed of aluminum hydraulic cylinders ,er shall furnish It during (crossbraces) used in conjunction with at he is working. the barge. vertical rails (uprights) or horizontal yees walking or working on rails (walers). Such system Is designed, Jed decks of barges shall be specifically to support the sidewalls of with U.S. Coast Guard-ap- an excavation and prevent cave-ins. c vests or buoyant vests. Bell-bottom pier hole means a type of U-clal diving operations. Com- shaft or footing excavation, the bottom Ing operations shall be sub- of which is made larger than the cross ubpart T of part 1910, section above to form a belled shape. 110.441, of this chapter. Benching (Benching system) means a June 24, 1974, as amended at 42 method of protecting employees from y 22, 19771 cave-ins by excavating the sides of an excavation to form one or a series of Definitions applicable .to horizontal levels or steps, usually with part- vertical or . near-vertical surfaces be- -The area along the water- tween levels. ►f the pier or wharf. Cave-in means the separation of a rk-The side of a ship above mass of soil or rock material from the eck. side'of a.n excavation, or the'.loss of soil ing-The raised frame, as from under a trench shield or support itchway in the deck, to keep system. and its sudden movement Into the excavation, either by falling or s ladder-A marine ladder of sliding, in sufficient quantity so that it ain with wooden or metal could entrap, bury, or otherwise injure and immobilize a person. For the purpose of § 1926.605, Competent person means one who is ght structure serving as a capable of identifying existing and pre- .he outer edge of a ship's dictable hazards in the -surroundings, or working conditions which are unsan- itary, hazardous, or dangerous to em- )an P-Excavations ployees, and who has authorization to take prompt corrective measures to eliminate them. Sec. 107, Contract Worker Cross braces mean . the horizontal afety Standards Act (Construc- members of a shoring system installed Act) (40 U.S.C. 333); Secs. 4, 6, 8, [ Safety and Health Act of 1970 perpendicular to the sides of the exca- 3, 655, 657); Secretary of Labor's vation. the ends of which bear against 2-71 (36 FR 8754), 8-76 (41 FR - either uprights or wales. 372 00900 - Page 3 of 40 f , Occupa nal Safety and. Health Admin., Labor § 1926.650 Exca va c n means any man-made cut, accordance with §1926.652 (c) (3) or avlty, t rench, or depression in an (c) (4). Shields used in trenches are usu- earth sur moval face. formed by earth re- ally referred to as "trench boxes" or " . trench shields " Faces o inclined d sides means the vertical or w-th surfaces formed as a re- . Shoring (Shoring system) , means a sult of ex vation work. structure such as a metal hydraulic, mechani l Failure eans the breakage, displace- ca or timber shoring system that ment, or struct rmanent deformation of a b supports the sides of an exca- vation and which is designed to prevent ur mem er or connection so as cave-ins to reduce its support its structural integrity and ive capabilities. . Sides. See "Faces." Hazardo us atmosphere means an at- Slo Ping (Sloping system) means a mosphere which by reason of bein ex- g method of protecting employees from plosive, minable, poisonous, corro- cave-ins by excavating to form sides of live, oxid ing, irritating, .oxygen deli- an excavation that are inclined away f cient, tox , or otherwise harmful, may rom the excavation so as to prevent cause deal , illness, or injury. cave-ins. The angle of incline required Kickout ears the accidental release to Prevent acave-in varies with dif- or failure across brace. ferences in such factors as the .soil Protects system means a method of type, environmental conditions of ex- protectin employees from cave-ins posure, and application of surcharge from mate , rial that could fall or roll loads. from an a avation face or into an ex- Stable rock means natural solid min- cavation, from the collapse of adja- eral material that can be excavated cent struc' res. Protective systems in- with vertical sides and will remain in- clude sup rt systems, sloping and Lact while exposed. Unstable rock' is benching stems, shield systems, and considered to be stable when the rock other sys ms that provide the nec- material on the side or sides of the ex- essary pro ction. cavation is secured against caving-in Ramp m ins an inclined walking or or movement by rock bolts or by an- workings ace that is used to gain ac- other protective system that has been cess to on point from another, and is designed by a registered professional constructe from earth or from struc- engineer. tural mate als such as steel or wood. Structural ramp means a ramp built of Register Professional Engineer means steel or wood, usually used for vehicle a person o is registered as a profes- access. Ramps made of soil or rock are sional eng eer in the state where the not considered structural ramps. work is t he performed. However, a Support system means a structure profession engineer, registered in any such as underpinning, bracing, or shor- state is deci ed to be a "registered pro- ing, which provides support to an adja- fessional a sneer" within the meaning cent structure, underground installa- of this st dard when approving de- tion, or the sides of an excavation. signs. for 'manufactured protective Tabulated data means tables and systems" "tabulated data" to be charts approved by a registered profes- used in int state commerce. sional engineer and used to design and Sheeting eans the members of a construct a protective system. shoring sys m that retain the earth in Trench (Trench excavation) means a position an in turn are supported by narrow excavation (in relation to its other mem s of the shoring system. length) made below the surface of the Shield (S ld system) means a struc- ground. In general, the depth is greater ture that able to withstand the than the width, but the width of a forces imp on it by a cave-in and trench (measured at the bottom) is not thereby pr Il ect employees within the greater than 15 feet (4.6 m). If forms or structure. ields can . be permanent other structures are installed or con- structures can be designed to be structed in an excavation so as to re- portable an moved along as work pro- duce the dimension measured from the gresses. Ad ionally, shields can be ei- forms or structure to the side of the ex- ther prem factured or job-built in cavation to 15 feet (4.6 m) or less 373 00900 - Page 4 of 40 § 1926.6501 vation), eyed to b Trench Trench of a trE contact sitioned not co placed s closely called " Wales shoring against shoring § 1926.65 meni (a) Su, create a removed (b) Un estimatf tions, si electric. ably rr tered d vation. (2) Uti be contE tomary the proF lish the .ground of actu a reque: installa longer local L exact l the em the em[ accep (3) N proach ground tion of mined 29 CFR Ch. XVII (7-1-99 Edition) at the bottom of the exca- (4) While the excavation is open, un- ie excavation is also consid- derground installations shall be pro- a trench. tected, supported or removed as nec- :)x. See "Shield." essary to safeguard employees. Meld. See "Shield." (c) Access -and egress-(1) Structural means the vertical members ramps. (i) Structural ramps that are :h shoring system placed in used solely by employees as a means of .th the earth and usually po- access or egress from excavations shall that individual members do be designed by a competent person. act each other. Uprights Structural ramps used for access or that individual members are egress of equipment shall be designed. )aced, in contact with or by a competent person qualified in acted to each other, are often structural design, and shall be con- eeting." structed in accordance with the design. Bans horizontal members of a (ii) Ramps and runways constructed rstem placed parallel to the of two or more structural members z face whose sides bear shall have the structural members con- ze vertical members of the nected together to prevent displace- stem or earth. ment. (iii) Structural members used for Specific excavation require- ramps and runways shall be of uniform thickness. ace encumbrances. All surface (iv) Cleats or other appropriate nces that are located so as to means used to -connect runway struc- uazard to employees shall be tural members shall be attached to the ►r supported, as necessary, to bottom of the runway or shall be at employees. tached in a manner to prevent tripping. erground.installations. (1) The (v) Structural ramps used in lieu of location of utility installs- steps shall be provided with cleats or :h as sewer, telephone, fuel, other surface treatments on the top water lines, or any other un= surface to prevent slipping. t installations that reason- (2) Means of egress from trench exca- be. expected to be encoun- vations. A stairway, ladder, ramp or ing excavation work, shall be other safe means of egress shall be lo- ' A prior to. opening. an exca- - cated in trench excavations that are `4 feet (1.22 m) or more in depth so as to ty companies or owners shall require no more than 25 feet (7.62 m) of ted within established or cus- lateral travel for employees. ►cal response times, advised of (d) Exposure to vehicular traffic. Em- sed work, and asked to estab- ployees exposed to public vehicular .ovation of the utility under- traffic shall be provided with, and shall istallations prior to the start wear, warning vests or other suitable 1 excavation. When utility garments marked with or made of s or owners cannot respond to reflectorized or high-visibility mate- to locate underground utility rial. ons within 24 hours (unless a (e) Exposure to falling loads. No em- ;riod is required by state or ployee shall be permitted underneath v), or cannot establish the loads handled by lifting or digging :ation of these Installations, equipment:, Employees- shall he re- .oyer may proceed, provided quired to stand away from any vehicle Ayer does so with caution, and being loaded or unloaded to avoid being detection equipment or other struck by any spillage or falling mate- e means to locate utility in- rials. Operators may remain in the . is are used. cabs of vehicles being loaded or un- m excavation operations ap- loaded when the vehicles are equipped, ie estimated location of under- in accordance with §1926.601(b)(6). to nstallations, the exact loca- provide adequate protection for the op- ie installations shall be deter- erator during loading and . unloading safe and acceptable means. operations. 374 00900 - Page 5 of 40 sal / 91 Uccupai~ nal Safety and Health Admin., Labor § 1926.651 (f) wak l- ing system for mobile equip- mospheric conditions exist or ma m ent. ei d mobile equipment is oper- y rea- sonably be expected to develop during, at a j when suc ent to an excavation.. or equipment is required to ap- work in an excavation. This equipment shall be attended when in use proach t the oper edge of an excavation, and r does not have a clear d . (ii) Employees entering bell-bottom direct vie. an v of the edge of the exca- pier holes, or other similar deep and confined footin excavati vation. a lized s arcing system shall be uti- a b g ons, shall wear a harness with a life-line securely uc chanical s arricades, hand or me- gnals, or stop logs. If pos- attached to it. The lifeline shall be sep- arate from any line used to handle sible, the the excav rade should be away from i ma- terials. and shall be individually at- (g) Haz on. dous atmospheres-(1) Testing tended at all times while the employee wearing the lifeli i and contr . In addition to the require- ne s in the exca- vation. merits se orth in subparts D and E of (h) Protection from hazards associ ted this part re t 29 CFR 1926.50-1926.107) to a with water accumulation. (1) Employees p ven sure to harmful levels of shall not work in excavations in which atmosphe c contaminants and'to as- there is accumulated water or in exca- sure acc tions, the table atmospheric condi- llowing requirements shall , . vations in which water is accumu- latin u l apply: g, n ess adequate precautions have been taken to protect emplo ees (i) W (atmosph e e t re oxygen deficiency containing less than 19.5 y against the hazards posed by water ac- cumulation. The precautions necessary p rc n o phere exis gen) or a hazardous atmos- or could reasonabl be ex- to protect employees adequately vary with pected to y ist, such as in excavations each situation, but could include special su o t in landfill wh h eas or excavations in areas pp r or shield systems to protect from cave-ins, water removal ere nearby, dous substances are stored atmospheres in the exca- to control the level of accumulating vation sha be tested before employees water, or use of a safety harness and lifeline. enter exc 0 2im) i ations greater than 4 feet h _ (2) If water is controlled or prevented ' . n pt . from accumulating by the use of water (ii),- Ade taken to p ate precautions shall be vent employee exposure to removal equipment, the water removal e ui ment d atmospher o containing, less.''than 19.5 q p an operations shall be , monitored by a competent person to-*; Percent atmospher gen and other hazardous . These precautions in- ensure proper operation. (3) If excavation work interrupts the clude provi ding proper respiratory pro- natural drainage of surface water (such tection or with subpar ventilation in accordance ts D and E of this part re- as streamsdiversion ditches, dikes, or other suitable me n h ll b spectively. (iii) Ade at a s s a e used to prevent surface water from entering e precaution shall be the excavation and to provide adequate taken such providing ventilation, to drainage of the area adjacent to the ex- prevent em ployee exposure to an at- cavation. Excavations subject to runoff mosphere of a flamm retaining a concentration le gas in excess of 20 er- from heavy rains will require an in- s ecti b cent of the p lower flammable limit of p on y a competent person and compliance with paragraphs (h) (1) and the gas. (h) (2) of this section (iv) When intended t orntrols are used that are educe the level of atmos- . (1) Stablllly of adjacent structures. (1) Where the stability of adjoining build- pheric con els, testing inants to acceptable lev- hall be conducted as often ings. walls, or other structures is en- dan ered b as neces o ensure that the atmos- t g y excavation operations, support systems such as shoring brac- re (2) E er s safe. ' , ing, or underpinning shall be provided . m Emergenc cy rescue equipment. (i) escue e i t h to ensure the stability of such struc- y breathin qu pmen , suc as aratu f h tures for the protection of employees. g s, a sa ety arness (2) Excavation below the level of the and line, or basket stretcher, shall be base or footing of any foundation or re- readily ava ble where hazardous at- taining wall that could be reasonably _ 375 00900 - Page 6 of 40 §1926.6,S 29 CFR Ch. XVII (7-1-99 Edition) - expected o pose a hazard to employees the shift. Inspections shall also be shall no a permitted except when: made after every rainstorm or other - (1) A s port system, such as under- hazard increasing occurrence. These in- ''k " . pinning, provided to ensure the safe- spections are only required when em- ty of em oyees and the stability of the . ployee exposure can be reasonably an- structur or ticipated. (ii) Th excavation is in stable rock; (2) Where the competent person finis or evidence of a situation that could re- (iii) A j registered professional 'engi- suit in a possible cave-in, indications neer h approved the determination of failure of protective systems, haz- that the structure is sufficently re- ardous atmospheres, or other haz- moved f m the excavation so as to be ardous conditions, exposed employees unaffect by the excavation activity; shall be - removed from the hazardous or area until the necessary precautions (iv) A registered professional engi- have been taken to ensure their safety. neer h approved the determination (1) Walkways shall be provided where that su excavation work will not employees or equipment are required pose a h 1 and to employees. or permitted to cross over excavations. (3) Sid alks, pavements, and appur- Guardrails which comply with tenant ucture shall not be under- §1926.502(b) shall he provided where mined ess a support system or an- walkways are 6 feet (1.8 m) or more other m ` hod of protection is provided above lower levels. to prote I employees from the possible J collapse such structures. 154 FR 45959, Oct. 31, 1989, as amended by 59 (j) Pro ction of employees from loose FR 40730, Aug. 9, 19941 rock or oil. (1) Adequate protection 19Requirements for protective shall be j ovided to protect employees systems. from look ~ rock or soil that could pose a hazard by falling or. rolling from an (a) Protection of employees in exca- excavati face. Such protection shall vdtions. (1) Each :employee in an exca- consist scaling to remove loose ma- vation shall be protected from cave-ins ; terial; i tallation of protective barri- by an adequate protective system de- cades at ntervals as necessary on the signed in accordance with paragraph face to st op and contain falling mate- (b) or (c) of this section except when: rial: or o er means that provide equiv- (1) Excavations are .made entirely -alent prot ection. stable rock, or (2) Em oyees shall be protected from (ii) Excavations are less than 5 feet excavate or other materials or equip- (1.52m) in depth and examination of the ment tha t could pose a hazard by fall- ground by a competent person provides ing or ro ing into excavations. Protec- no indication of a potential cave-in. tion sha be provided by placing and (2) Protective systems shall have the keeping ch materials or equipment capacity to resist without failure all at least feet (.61 m) from the edge of loads that are intended or could rea- excavati is. or by the use of retaining sonably be expected to be applied or 'devices at are sufficient to prevent transmitted to the system. material or equipment from falling or (b) Design of sloping and benching sys- rolling i o excavations, or by a com- terns. The slopes and configurations of bination both if necessary. sloping and benching systems shall be (k) Ins ctions. (1) Daily inspections selected and constructed by the em- of excav ions, the adjacent areas, and ployer or his designee and shall be in protects systems shall be made by a accordance with the requirements of 1 compete person for evidence of a sit- paragraph (b)(1); or, in the alternative, uation t could result in possible paragraph (b)(2); or, in the alternative, cave-ins, : ndications of failure of pro- paragraph (b)(3), or, in the alternative, tective , systems, hazardous paragraph (b) (4), as follows: atmosph es, or other hazardous condi- (1) Option (I) Allowable configurations tions. A nspection shall be conducted and slopes. (1) Excavations shall be by the c ~ petent person prior to the sloped at an angle not steeper than one start of rk and as needed throughout and one-half horizontal to one vertical 376 00900 -Page 7 of 40 00 k: I Safety and Health Admin., Labor (34 deg measured from the horl :zontal), ess the employer uses on -of the o options listed below. (ii) S s specified in paragraph (b) (1) (i) his section, shall be exca- i vated m configurations that are in acco ce with the slopes shown for Ty soil in Appendix B to this subpart (2) Op ! n (2)-Determi nation of slopes and con urations using Appendices A and B. 1V g imum allowable slopes, and allowable configurations for sloping and ben ing systems, shall be deter- mined i accordance with the condi- tions an equirements set forth in ap- V pendices and B to this subpart. (3) Opt (3)-Designs using other tab- ulated & m. (i) Designs of sloping or benching systems shall be selected from. an be in accordance with tab- ulated d , such as tables and charts. (ii) The tabulated data shall be in written In rm and shall include all of the follov P ; g: (A) Ide ification of the parameters that affp the selection of a sloping or benching stem drawn from such data; (B) Ide ification of the limits of use of the da , to include the magnitude and confi ation of slopes determined to be safe (C) Exp atory information as may be necess y to, aid the user. in making - ' a correct lection of a protective sys- tem from a data. (iii) At east one copy of the tab- ulated da which identifies the reg- istered p essional engineer who ap- proved the data. shall be maintained at the jobsit during construction of the protective ystem. After that time the data may stored off the jobsite, but a copy of a data shall be made avail- able to th Secretary upon request. (4) Opti (4)-Design by a registered professional engineer. (i) Sloping and benching stems not utilizing Option (1) or Opt n (2) or Option (3) under paragraph b) of this section shall be approved a registered professional engineer. (ii) Desi s shall be in written form and shall i lude at least the following: (A) The gnitude of the slopes that were dete ined to be safe for the par- ticular oro ct § 1926.652 (B) The configurations that were de- termined to be .,safe for the particular project; and (C) The identity of the registered pro- fessional engineer approving the de- sign. (iii) At least one copy of the design shall be maintained at the jobsite while the slope is being constructed. After that time the design need not be at the jobsite, but a copy shall be made available to the Secretary upon re- quest. (c) Design of support systems, shield systems, and other protective systems. De- signs of support systems shield sys- tems, and other protective systems shall be selected and constructed by the employer or his designee and shall be in accordance with the requirements of paragraph (c) (1); or, in the alter- native, paragraph (c)(2); or, in the al- ternative, paragraph (c) (3) : or, in the alternative, paragraph (c)(4) as follows: (1) Option (I) Designs using appen- dices A, C and D. Designs for timber shoring in trenches shall be determined in accordance with the conditions and requirements set forth in appendices A and C to this subpart. Designs for alu- minum hydraulic shoring shall be in accordance with paragraph (c) (2) of this section, but if manufacturer's tab- ulated data cannot be utilized, designs shall be in accordance with appendix b.- (2) Option (2)-Designs Using Manufac- turer's Tabulated Data. (i) Design of sup- port systems, shield systems, or other protective systems that are drawn from, manufacturer's tabulated data shall be in accordance with all speci- fications, recommendations, and limi- tations issued or made by the manufac- turer. (ii) Deviation from the specifications, recommendations, and limitations issued or made by the manufacturer shall only be allowed after the manu- facturer issues specific written ap- proval. (iii) Manufacturer's specifications, recommendations, and limitations, and manufacturer's approval to deviate from the specifications, recommenda- tions, and limitations shall be in writ- ten form at the jobsite during con- struction of the protective system. After that time this data may be stored off the jobsite, but a copy shall 377 00900 - Page 8 of 40 t sus.,; , ~s9 § 1926.6 29 CFR Ch. XV11 (7-1-99 Edition) be mad available to . the Secretary ner that Is consistent with the rec- upon rec. i est. ommendations of . the manufacturer, (3) Op n (3) -Designs using other tab- and in a manner that will prevent em-. ulated d a. (1) Designs of support sys- ployee exposure to hazards. tems, s Id systems, or other protec- (3) When material or equipment that tive sys ms shall be selected from and is used for protective systems is dam- be in a rdance with tabulated data, aged, a competent person shall exam- such as bles and charts. ine the material or equipment and (ii) T tabulated data shall be in evaluate its, suitability for continued written rm and include all of the fol- use. If the competent person cannot as- lowing: sure the material or equipment is able (A) Id tification of the parameters to support the intended loads or is oth- that aff at the selection of a protective erwise suitable for safe use, then such system awn from such data; material or equipment shall be re- (B) Id tification of the limits of use moved from service, and shall be evalu- of the d a; ated and approved by a registered pro- (C) E lanatory information as may fessional engineer before being re- be nece to aid the user in making turned to service. a correc selection of a protective sys- (e) Installation and removal of sup- tem fro the data. port-(I) General. (1) Members of sup- (iii) least one copy of the tab- port systems shall be securely con- ulated. ta,,. which .identifies the reg- nected together to prevent sliding, fall- istered ofessional engineer who ap- ing, kickouts, or other predictable fail- proved t data, shall be maintained at ure. the jobs during construction of the (ii) Support systems shall be in- protecti system. After that time the stalled and removed in a manner that data m be stored off the jobsite, but protects employees from cave-ins, a copy. the data shall be made avail- structural collapses, . or from being able to e Secretary upon request. struck by members of the support sys- (4) Op on (4) Design by a registered tem. professlo 1 engineer. (1) Support sys- (iii) Individual members of support tems, s ld systems, and other protec- systems shall not be subjected to .loads . tive sys ms not utilizing Option 1, Op- exceeding those which those members,.',',; tion 2 o Option 3, above, shall be ap- were designed to withstand. ` proved a-registered professional en-: (Yv) Before temporary removal.of,in- gineer: dividual members begins, additional.',..-,. (ii) De signs shall be in written form precautions shall be taken to ensure and shal include the following: the safety of employees, such as in- (A) A an- indicating the sizes, types, stalling other structural members to and con urations of the materials to carry the loads imposed on the support be used the protective system: and system. (B) identity of the registered (v) Removal shall begin at, and profess i al engineer approving the de- progress from, the bottom of the exca- sign. vation. Members shall be released slow- (iii) A 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 const ruction of the protective sys- of the structure or possible cave-in of tem. Af r that time, the design may the sides of the excavation. be store off the jobsite, but a copy of (vi) Backfilling shall progress to- the desi shall be made available to gether with the removal of support sys- the Secr' ary upon request. tems from excavations. (d) M rials and equipment. (1) Mate- (2) Additional requirements for support rials an quipment 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 at might impair their proper than 2 feet (.61 m) below the bottom of function the members of a support system shall (2) ufactured materials and be permitted, but only if the system is equipme used for protective systems designed to resist the forces calculated shall be sed and maintained in a man- for the full depth of the trench, and 378 00900 - Page 9 of 40 ` 00 uccupa nal Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. A there a trench i no indications while the to subpart P of part 1926, and when alu- pen of a possible loss of soil minum hydraulic sho i i fro m be r ng s designed in ac- d or below the bottom of the cordance with appendix D. This Appendix' support stem. also applies if other protective systems are (ii) In llation of a support system designed and selected for use from data pre- shall be shall be closely coordinated with the pared in accordance with the requirements of trenches. set forth in §1926.652(c), and the use of the data is predicated on the f h (f) Slo g and benching systems. Em use o t e soil clas- - sification system set forth in thi ployees s appendix. all not be permitted to work (b) Dernitioru. The definitions and exa on the f s of sloped or benched exca- m- pies given below are based on, in whole or in vations z i. levels above other employ- Part, the following: American Society for ees exce when employees at the lower Testing Materials (ASTM) Standards D65345 levels ar ! adequately protected from and D2488; The Unified Soils Classification the hazy t i l of fallin rollin or sliding g' g, .or System, The U.S. Department of Agriculture (USDA) Textural Classifi ti S ma er a (g) S equipment. d systems-(1) General (i) ca on cheme; and The National Bureau of Standards Report BSS 2 Shield s . ems shall not be subjected -1 1. Cemented soil means a soil in which th to loads ceeding those which the sys- e par- titles are held together by a chemical t tem was as ( Signed to withstand. agen , such as calcium carbonate, such that a hand- (ii) Shi ds shall be installed in a n size sample cannot be crushed into powder or manner t restrict lateral or other individual soil particles by finger pressure. ardour m ' ement of the shield in the Cohesive soil means clay (fine grained soil), event of e a iication of sudden lot- pp" or soil with a high clay content, which has cohesi eral=loads ve strength. Cohesive soil does not (iii) E loyees shall be protected crumble, can be excavated with vertical sideslopes, and is plastic when moist C h from the rd of cave-ins when enter- . o e- sive soil is hard to break up when dry and ing ore ing the areas protected by , exhibits significant cohesion when sub- shields. merged. Cohesive soils include clayey silt (iv) Em ogees shall not be allowed , sandy clay, silty clay, clay and organic clay. in shields when shields are being In- g Dry soil means soil that does not exhibit stalled, re oved, or moved vertically. visible signs of moisture content. _ Fissured means a soil mate i l th (2) Add e oval requirement for shield r a at has a tendency to break along definite planes of syst ms us in trench excavations. Exca- fracture with little resistance, or a material vations of rth material to a level not that exhibits open cracks, such as tension greater: t 2 feet (.fil m) below the cracks, in an exposed surface. bottom of shield shall be permitted. Granular soil means gravel, sand, or silt but .only i ,.only b u " he shield is designed to re- , (coarse grained soil) with little or no clay sis t the f ces calculated for the full content. Granular soil has no cohesive depth oft trench, and there are no strength. Some moist granular soils exhibit indication while the trench is open of apparent cohesion. Granular soil cannot be molded wh a possible ss "of soil from behind or en moist and crumbles easily when dry. below the ttom of the shield. Layered system means two or more dis- APPEN . A TO SUBPART P-SOIL tinctly different soil or rock types arranged In layers Micaceous s CLASSIFICATION . eams or weakened planes in rock or shale are considered lay- (a) Scope d application-(1) Scope. This ered. Moist soil means a condition in which a soil appendix de soil and r ribes a method of classifying looks and feels damp. Moist cohesive soil can oc ronmental c eposits based on site and envi- ditions and on the st t easily be shaped into a ball and rolled into and composi , ruc ure on of the earth deposits. The small diameter threads before crumbling. Moist granular soil that contains som h appendix co quirements, ins definitions, sets forth re- d describes acceptable visual e co e- sive material will exhibit signs of cohesion b and manual (2) A licat is for use in classifying soils. Thi etween particles. Plastic means a property of a soil which al- pp a sloping or, n. s appendix applies when nching system is designed in lows the soil to be deformed or molded with- t k accordance h the requirements set forth ou crac ing, or appreciable volume change. Saturated soil in § 1926.652(b for employee ) as a method of protection from cave-ins. This appendix means a soil in which the voids are filled with water. Saturation does not i fl also applies en timber shoring for exca- requ re ow. Saturation, or near satura- tion, is necessary for the pro er use of i vations is des from cave i ned as a method of protection p n- struments such as a pocket penetrometer or - ns accordance with appendix C sheer vane. 379 LL) 00900 -Page 10 of 40 w V Pt. 1926, ubpt. P, App. A 29 CFR Ch. XVII (7-1-99 Edition) Soil cla rcation system means, for the pur- (v) Material in a sloped, layered system pose, of is subpart, a method of catego- where the layers dip into the excavation or a rizing soi and rock deposits'in a hierarchy slope of four horizontal to one vertical of Stable ock, Type A; Type B, and Type C. (4H: IV) or steeper. in decre g order of stability. The cat- UncorzfIned compressive strength means the egories a determined based on an analysis load per unit area at which a soil will fail in of the pr rties and performance character- compression. It can be determined by labora- istics of deposits and the environmental tory testing, or estimated in the field using condition f exposure. a pocket penetrometer, by thumb penetra- Stable k means natural solid mineral tion tests, and other methods. matter t t can be excavated with vertical Wet soil.means soil that contains signifi- sides and main intact while exposed. cantly more moisture than moist soil, but in Submerg soil means soil which is under- such a range of values that cohesive material water or free seeping. will slump or begin to flow when vibrated. Type A means cohesive soils with an Granular material that would exhibit cohe- _ unconfine compressive strength of 1.5 ton sive properties when moist will lose those co- per squar root (tsf) (144 kPa) or greater. Ex- hesive properties when wet. amples of c ohesive soils are: clay, silty clay, (c) Requirements-(1) Classification of soil sandy cla clay loam and, in some cases, and rock deposits. Each soil and rock deposit silty clay loam and sandy clay loam. Ce- shall be classified by a competent person as mented s such as caliche and hardpan are Stable Rock, Type A. Type. B. or Type C in } also cons- red Type A. However, no soil is accordance with the definitions set forth in Type A if. paragraph (b) of this appendix. (i The s ) I Is fissured; or classification ( ~ h t (ii) The of the depo is shall be made based on the oil is subject to vibration from re- heavy tra ~ sults of at least one visual and at least one c, pile driving, or similar effects; or I manual analysis. Such analyses shall be con- (iii) The b a competent using tests de- it has been previously disturbed; ducted or scribed in (d) below. below, in other (iv) The recognized methods of soil classification and - oil is part of a sloped, layered system wh e testing such as those. adopted by the Amer- re the layers dip into the exca- vation nn ica Society, for Testing Materials, or the U.S. slope of four. horizontal to one vertical (4 Department of Agriculture textural classi- 1V) or greater; or (v) The fication system. terial is subject to other factors (3) . Visual and manual analyses. -The visual " that woul stable ma quire it to be classified as a less and manual analyses, such as those noted as ial Type B . being acceptable in paragraph (d) of this ap- ans: (i) Cohe pendix, shall be. designed: and conducted to a soil with an unconfined com- provide sufficient quantitative and .quali- j pressive s kPa) but 1 ength greater than 0.5 tsf (48 tative information as may be necessary..to than 1.5 tsf (144 kPa); or (it) Gra } identify properly the properties, factors, and lar" cohesionless soils including: conditions affecting the classification of the angular g vel (similar to crushed rock), deposits. f silt, silt cases, silt am, sandy loam and, in some (4) Layered systems. In a layered system, clay loam and sandy clay loam. the system shall be classified in accordance (iii) Pre usly disturbed soils except those with its weakest layer. However, each layer which wo otherwise be classed as Type C may be classified individually where a more soil. (iv) Soil stable layer lies under a less stable layer. hat meets the unconfined com- (5) Reclassification. If, after classifying a de- pressive s l ength or cementation require- posit, the properties, factors, or conditions 1 ments for pe A. but is fissured or subject affecting its classification change in any to vibratio (v) Dry r ri ; or way, the changes shall be evaluated by a k that is not stable; or competent person. The deposit shall be re- (vi) Mat •al that is part of a sloped, lay- classified as necessary to reflect the changed ered system where the layers dip into the ex- circumstances. cavation o a slope less steep than four hori- (d) Acceptable visual and manual tests_(1) zontal to o vertical (4H:1V), but only if the Visual tests. Visual analysis is conducted to material % uld otherwise be classified as determine qualitative information regarding Type B. the excavation site in general, the soil adja- Type Cm ins: cent to the excavation, the soil forming the (i) Cohes e. soil with.an unconfined com- sides of the open excavation, and the soil pressive st ngth of 0.5 tsf (48 kPa) or less; or taken as samples from excavated material. (it) Gran ar soils including gravel, sand, (i) Observe samples of soil that are exca- and loamy nd; or vated and soil in the sides of the excavation. (iii) Sub erged soil or soil from which Estimate the range of particle sizes and the water is fre e ly seeping; or relative amounts of the particle sizes. Soil (iv) SubrA l rged rock that is not stable, or that is primarily composed of fine-grained 380 00900 - Page 11 of 40 . ' S~ 9~ Occupa material ] .;primarily "granular i 01) Obs that remE cohesive. not stay ii (Iii) Obs vation ant sion cracl If chunks soil could dence of r of potentL (iv) Obst vation anc of existin turbed soil (v) Obsei vation to I layered sy slope towa degree of sl (vi) Obsei vation and vation for seeping fro; the locatioi (vii) Obse. vation and for sources stability of (2) Manu< samples is titative as soil and tc order to cla., '4t(i) Plasticl, soil` Wto a threads as t sive materk threads witl at least a tv thread can t ing, the soil (ii) Dry si crumbles on sure Into ind is granular or silt). If clumps whic] but the sma: up with Jiff combination dry soil bre. break up int only be brok no visual Ind soil may be ci (iii) Thumb tion test cz' unconfined cc soils. (This to tration test ( for Testing al 1 Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. B cohesive material. Soil composed f coarse-grained sand or gravel is ve soil as it is excavated. Soil is in clumps when excavated is ill that breaks up easily and does .lumps is granular. ve the side of the opened exca- the surface area adjacent to the Crack-like openings such as ten- could Indicate fissured material. soil spall off a vertical side, the e fissured. Small spalls are evi- ving ground and ,are indications y hazardous situations. ,e the area adjacent to the exca- he excavation itself for evidence utility and other underground and to identify previously dis- e the opened side of the exca- ~ntlfy layered systems. Examine ems to identify. if the layers the excavation. Estimate the )e' of the layers. e the area adjacent to the exca- the sides of the opened exca- ridence of surface water, water the sides of the excavation, or of the level of the water table. e the area adjacent to the exca- he area within the excavation r vibration that may affect the te excavation face. tests. Manual analysis of soil onducted to determine quan- all as qualitative properties of provide more information in tfy soil properly. , Mold a moist or wet sample of ill and attempt to roll it into n as '!n-inch in diameter. Cohe- can be successfully rolled into ut crumbling. For example, if inch (50 mm) length of 'h-inch held on one end without tear- cohesive. rngth. If the soil is dry and :s own or with moderate pres- ddual grains or fine powder, it y combination of gravel, sand, ie soil Is dry and falls into break up into smaller clumps. :r clumps can only be broken silty, it may be clay in any ith gravel, sand or silt. If the s into clumps which do not small clumps and which can i with difficulty, and there is ation the soil is fissured, the sidered unfissured. netration. The thumb penetra- be used to estimate the ipressive strength of cohesive : is based on the thumb pene- scribed in American Society Materials (ASTM) Standard designation D2488-"Standard Recommended Practice for Description of Soils (Visual- Manual Procedure).") Type A soils with an unconfined compressive strength of 1.5 tsf can be readily indented by the thumb; how- ever, they can be penetrated by the thumb only with very great effort. Type C soils with an unconfined compressive strength of 0.5 tsf can 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-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 381 00900 - Page 12 of 40 . 5~ 1,3 Pt. 192E to occur nomena. face of i the subs the slun the bulg bottom c terial fn ravelling such as suddenly vation ai excavati~ est. incli ceptable tions as to vert. i Short less the vation (c) R and. roi i cordanc part 19; Subpt. P, App. B Distress is evidenced by such phe- the development of fissures in the adjacent to an open excavation; ence of the edge of an excavation; ing of material from the face or g or heaving of material from the an excavation; the spalling of ma- n the face of an excavation; and i.e., small amounts of material :bbles or little clumps of material eparating from the face of an exca- l trickling or rolling down into the 1. n allowable slope means the steep- of an excavation face that is ac- or the most favorable site condi- rotection against cave-ins, and is as the ratio of horizontal distance . rise (H:V). m exposure means a period of time [)r equal to 24 hours that an exca- ats-(1) Soil classification. Soil its shall be classified in ac- appendix A to subpart P of 29 CFR Ch. XVII (7-1-99 Edition) (2) Maximum allowable slope. The maximum allowable slope for a soil or rock deposit shall be determined from Table B-1 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 'A horizontal to one vertical (1AH:1V) 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(i). (4) Configurations. Configurations of slop- ing and benching systems shall be in accord- ance with Figure B-1. TABLE B-1 MAXIMUM ALLOWABLE SLOPES 5 ,I OR ROCK TYPE HA<fMUM ALLOWABLE SLOPES(H:Y)(1] FOR EXCAVATIONS LESS THAN 20 FEET nFFP 131 ST TY T Y TY LE ROCK A [21 B C VERTICAL (901 3/i : 1 X455r 112.1 , . N OTE 1. Nu . del 2. A em Shi fe, 3. Slot ers sho w n in parentheses next to m axi m u m allow able slopes are angles expressed in :s from the horizontal. Angles have been rounded off. rt-term naximum allowable slope of 1/2H: IV (63°) is allowed is ations in Type A soil that are 12 feet (3.67 m) or less in depth. -term maximum allowable slopes for excavations greater than 12 (3.67 a) in depth shall be 314H:1V (53'). i or benching for excavations greater than 20 feet deep shall be designed by a registered ►ional engineer. 382 00900 - Page 13 'of 40 Uccupa onal Safety and Health Admin., Labor Pt. 1'9% Subpt. P, App. B Figure e-i Slope Configurations (All slo stated below are in the horizontal to vertical ratio) B-l.l Excavations made in Type A soil 1. All s' le slope excavation 20 feet or less in depth shall have a maximum allowable slope of 3/,:1. 20` Max. Al 3/4 SIMPLE SLOPE-GENERAL Exceptiol I: Simple slope excavations which are open 24 hours or less (short term) and which 're 12 feet less in depth shall have a maximum allowable slope of 1.6:1. 2. All of -V4 to 1 20' Mac. i 383 00900 - Page 14 of 40 12' Max. I 1/2 SIMPLE SLOPE-SHORT TERM excavations 20 feet or less in depth shall have a maximum allowable slope :imum bench dimensions as follows: A1 3/4 Pt. 192 ubpL P, App.<.i3 29 CFR Ch. XVII (7-1-99 Edition) . SIMPLE BENCH ' Max. 5' Max. 1 4' Max. ♦ 1 i 3/4 i / / F j MULTIPLE BENCH 3. All vations 8 feet or less in depth which have unsupported vertically sided lower por- tions sh have a maximum vertical side of 31h feet. 1 ' 8' Max. 3/4 j 3' Max. I SUPPORTED 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 ided lower portions shall have a maximum allowable slope of 1:1 and a maximum vertical a of 31h feet. r 1 1 2' A' Max . 384 9 r- '=A 00900 -Page 15'of 40 occup onal Safety.and Health Admin., Labor Pt. 1926, Subpt R App. 8 SUPPORTED VERTICALLY SIDED LOWER PORTION-MAXIMUM 12 FEET IN DEPTH All exc rations 20 feet or less in depth which have vertically sided lower portions that are supporte or shielded shall have a maximum allowable slope of 3/4:1. The support or shield sys- tem must xtend at least 18 inches above the top of the vertical side. 1 20 Max. 3/4 18" Min. Total height of vertical side SUPPORTED OR SHIELDED VERTICALLY SIDED LOWER PORTION 4. All o ' r simple slope, compound slope, and vertically sided lower portion excavations shall be in cordance with the other options permitted under § 1926.652(b). i B-1.2 Excavations Made in Type B Soll 1. All sir le slope excavations 20 feet or less in depth shall have a maximum allowable slope of f:l. j j 20' Ha 11\ 1 1 SIMPLE SLOPE 2. All b4- ed excavations 20 feet or less in depth shall have a maximum allowable slope of 1:1 and mum bench dimensions as follows: 385 00900 - Page 16 of 40 er k ~t Pt. 1926, bpt P, App.. B 29 CFR Ch. XVII (7-1-99 Edition) . This bench`' allowed. in cohesive soil only. 20' I 1 M ♦ 4* Je ' Max. SINGLE BENCH This bench allowed in cohesive soil only i i 20' M l 4' Max. i 4' Max. i MULTIPLE BENCH 3. All avations 20 feet•or.less in depth which have vertically sided lower portions shall be shield or supported to a height at least 18 inches above the top of the vertical side. All such exc tions shall have a maximum allowable slope of 1:1. Support or shield system n n 1 20`1 NMax. "48" Min. Total height of vertical side VERTICALLY SIDED LOWER PORTION 4. All er sloped excavations shall be in accordance with the other options permitted in §1926.652( 386 / 9 g, 00900 Page 17 of 40 Y. r. S[ r uccup onal Safety and Health Admin.', Labor Pt. 1926, Subpt. R App, g B-1.3 EXCAVATIONS MADE IN TYPE C SOIL 1. All s. i ple slope excavations 20 feet or less In depth shall have a maximum allowable ,slope of A 1. 20' :lax I ~I~S 1 SIMPLE SLOPE 2. All ex vations 20 feet or less in depth which have vertically sided lower portions shall be shielded r supported to a height at least 18 inches above the top of the vertical side. All such excav; ii ions shall have a maximum allowable slope of 1'h:1. i Support or shield system 20' t 18" yin. Total height of.vertical side VERTICAL SIDED LOWER PORTION 3. All othe 'sloped excavations shall be in accordance with the other options permitted in § 1926.652(b). i B-1.4 Excavations Made in Layered Soils 1. All exca tions 20 feet or less In depth made in layered soils shall have a maximum al- lowable slop or each layer as set forth below. 387 00900 - Page 18 of 40 ,,,.e to 29 CFR Ch. XVII (7-1-99 Edition) a ~1 1 a OVER A C OVER A C---R 3 A L- 3/4 C a i 3/4 `~1• C s s ~t 1 388 00900 - Page 19 of 40 0 a + ` F 00 4 Safety and Health Admin., Labor Pt. 1926, Subpt. P, APP• C A OVER 8 CC w ~ tk x A OVER ^C f: C B OVER C 2. All oth §1926.652(b). i sloped excavations shall be in accordance with the other options permitted in APPEND C TO SUBPART P-TIMBER (b) Soil Classificadon. In order to use the SH O RING FOR TRENCHES data presented in this appendix, the soil type (a) Scope. i is appendix contains informa- or types in which the excavation is made must first be determined using the soil cl t on that ca vided as a be used timber shoring is pro- thod of protection from ca as- sification method set forth in appendix A of ins in trenc ve- that do not exceed 20 feet (6.1 subpart P of this part. (c) Presentation of Informati n I f m) in dept f when desig . This appendix must be used of timber shori o . n ormation is presented in several forms as follows: systems is ng protective be performed in accordance (1) Information is presented in tabular form in Tables C-1 1 C-1 2 and C 1 3 with §1926.6 configuratio 1 (c) (1). Other timber shoring : other systems of su o t . , . . - . , and Ta- bles C-2.1, C-2.2 and C-2.3 following para- such as hyd pp r ulic and pneumatic systems; graph (g) of the appendix. Each table pre- sents the minimum sizes of timb and other p ing, benchin tective., systems such as slop- shielding, and freezing s s- er members to use in a shoring system, and each table tems must 1 19 y designed in accordance with contains data only for the particular soil type in which the excavation the requirem is set forth in § 1926.652(b) and or portion of § 1926.652(c). 389 00900 - Page 20 of 40 d ? o~ 0 it T Pt. 1926, the excai ranged to lect from rations o rock is e: and there! condition. (2) Infor tabular & is present dix, and o: (3) Infoi tabular d< this apper (4) Infor tabular d this apper (5) Misc bles C-1.] through C of this Ap (d) Basi mensions ( timber r through ( Bureau c struction Trenches where Np of membi analysis isting co( (ii) The bers liste to actua'. mens ions to use n( Table. C choice ur 1 to The ( sources. (2) Limy tended ti apply to enced in to apply practice. tions tha appendix §1926.652( (ii) Wh are prese bles are alternate signed or designed . (A) Wt. by store weigh in foot soil used her( distance the dent[ P, App, C 29 CFR Ch. XVI1 (7-1-99 Edition) . :ion is made. The data are ar- (B) When vertical loads imposed on cross .low the user the flexibility to se- braces exceed a 240-pound gravity load dis- mong several acceptable configu- - tributed on a one-foot section of the center members based on varying the of the crossbrace. pacing of the crossbraces. Stable (C) When surcharge loads are present from :mpt from shoring requirements equipment weighing in excess of 20,000 re, no data are presented for this pounds. (D) When only the lower portion of a ation concerning the basis of the trench is shored and the remaining portion a and the limitations of the data of the trench is sloped or benched unless: I in paragraph (d) of this appen- The sloped portion is sloped at an angle less the tables themselves. steep than three horizontal to one vertical; cation explaining the use of the or the members are selected from the tables a is presented in paragraph (e) of for use at a depth which is determined from ix, the top of the overall trench, and not from ration illustrating the use of the the toe of the sloped portion. a is presented in paragraph (f) of (e) Use of Tables. The members of the shor- ix ing system that are to be selected using this Llaneous notations regarding Ta- information are the cross braces, the through C-1.3 and Tables C-2.1 uprights, and the wales, where wales are re- ?.3 are presented in paragraph (p) quired. Minimum sizes of members are speci- :ndix. and limitations of the data.-(1) Di- fled for use in different types of soil. There are six tables of information, two for each timber members. (i) The sizes of the soil type. The soil type must first be deter- 13 r are e taken listed from Tables the bles C-1.1 National :3 mined in accordance with the soil classifica- Standards (Novi report, sub- tion system described in appendix A to sub- Technical Provisions for Con- part P of part- 1926. Using the appropriate the selection of the size and spacing of table racti Shoring and Sloping of , the members is then made. The selection is ind E In addition, vations. ' ca Ex based on the depth and width of the trench did d specific sizes end recomm not where the members are to be installed and, s, member sizes are based on an the selection is also based in most instances the sizes required for use by ex- , on the horizontal spacing of the crossbraces. > and on empirical practice. ' Instances where a choice of horizontal spac- •equired dimensions of the mem- in Tables C-1.1 through C-1.3 refer ing of crossbracing is available, the hori- dimensions and not nominal di- zontal spacing of the crossbraces must be f the timber. Employers wanting chosen by the. user. before the size of any member can be determined. When the soil final size shoring are directed to or have this h C-2 3 A throu type, the width and depth of the trench, and . , g E!r §1926.652(c)(3), and are referred the horizontal spacing of the crossbraces are rps of Engineers, The Bureau of known, the size and vertical spacing of the in or data from other acceptable crossbraces, the size and vertical spacing of the wales, and the size and horizontal spar- tion of application. (i) It is not in- ing of the uprights can be read from the ap- t the timber shoring specification propriate table. ery situation that may be experi- (1) Examples to Illustrate the Use of Tables C- e field. These data were developed 1.1 through C-1.3. :o the situations that are most (1) Example 1. experienced in current trenching A trench dug in Type A.soil is 13 feet deep ,boring systems for use in situa- and five feet wide. are not covered by the data in this From Table C-1.1, for acceptable arrange- aust be designed as specified in ments of timber can be used. any of the following conditions Arrangement #B1 the members specified in the ta- Space 4x4 crossbraces at six feet hori- t considered adequate. Either an zontally and four feet vertically. imber shoring system roust be de- Wales are not required. another type of protective system Space 3x8 uprights at six feet horizontally. accordance with § 1926.652. This arrangement is commonly called "skip i loads imposed by structures or shoring." material adjacent to the trench of the load imposed by a two Arrangement #BZ rrcharge. The term "adjacent" as neans the area within a horizontal Space 4x6 crossbraces at eight feet hori- om the edge of the trench equal to zontally and four feet vertically. f the trench. ) Space 8x8 wales at four feet vertically. 390 00900 'Page 21 of 40 50 . a aOdZ OCC Space •,zontally. Space zontally Space i Space zontally. Space zontally Space I Spaces zontally. (2) Exa, A tren( and five listed. Space. zontally Space i Space zontally. Space zontally , Space I Space zontally. Space ;zontally ,j ,'Space 1 Space 2. (3) Exar, A trenc and five f From T ments of; Space 8) zontally ar Space 10> Position possible. If water tongue am sheeting. al Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. C uprights at four feet hori- Space 12x12 wales at five feet vertically Arrangement #B3 crossbraces at 10 feet hori- four feet vertically. wales at four feet vertically. uprights at five feet hori- Arrangement #B4 crossbraces at 12 feet hori- four feet vertically. wales at four feet vertically. 1 uprights at six feet hori- e2. tug in Type B soil in 13 feet deep !t wide. From Table C-1.2 three arrangements of members are Arrangement #BI crossbraces at six feet hori- five''feet vertically. vales at five feet vertically. uprights at two feet hori- Arrangement #B2 crossbraces at eight feet hori- five feet vertically. wales at five feet vertically. uprights at two feet hori- Arrangement #B3 crossbraces at 10 feet hori- five feet vertically. !.wales at five feet vertically. tprights at two feet vertically. ,3 ug in Type C soil is 13 feet deep wide. e C-1.3 two acceptabfe arrange- nbers can be used. Arrangement #Bl crossbraces at six feet hori- five feet vertically. wales at five feet vertically. 5 uprights as closely together as must be retained use special groove uprights to form tight Arrangement #B2 Space 8x crossbraces at eight feet hori- zontally an five feet vertically. Position 2x6 uprights in a close sheeting configuration unless water pressure must be resisted. Tight sheeting must be used where water must be retained. (4) Example 4. A trench dug in Type C soil is 20 feet deep and 11 feet wide. The size and spacing of members for the section of trench that is over 15 feet in depth is determined using Table C-1.3. Only one arrangement of mem- bers is provided. Space 8x10 crossbraces at six feet hori- zontally and five feet vertically. Space 12x12 wales at five feet vertically. Use 3x6 tight sheeting. Use of Tables C-2.1 through C-2.3 would 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 cf crossbraces. When the vertical spacing of crossbraces is four feet, place the top crossbrace no more than two feet below the top of the trench. When the vertical spacing of crossbraces is five feet, place the top crossbrace no more than 2.5 feet below the top of the trench. 391 00900 - Page 22 of 40 VOL 59 PAGE 0 3 Pt. 1926, ubpt. P, App. -C- . f W ~ r X i z c . + z _ m >E 4 ~ 29 CFR Ch. XVII (7-1-99 Edition) C 0 . U N Q CL N %D cc cc X 34 >c Z N N O W X X W N W L6 J OL CO Q O b J x N - Z -p X 40 it x X S M M t7 N rzi U3 It cr v ct v a j 1 1 LL LM N f4 03 Z >e a H- Z N 00 = 4mi co O t0 00 CL ce Wf-3 -CC L~ a a Q a a a a a a a - y C3-- t0 t0 t0 00 co co 00 - 3K :W b< 5K d t0 t0 VD 4,0 t0 t0 t0 0 V LAJ %Q cc 00 00 CID cc co L U a 3K 3K 3K x >4 >c :-c 3K 3K LL. t0 t0 tp t0 t0 tp es U F- t0 to b - t0 tp t0 t0 co Z x x X oG X x x x lJ d" a .0 " st ap t0 t0 l0 00 co Inc .O .:.i U- O O ~ %0 tn %0 cc co tp K :K x- X X ;K X X X ~K 3K a a - tp t0 t0 Go co ~ O H 3 C F- e} b t0 t0 t0 cc co p, a a t0 t0 t0 cc w W H N Z r O O O O O CO O O O Cl O O = O' V W CO N t0 00 N w co W O Q N., 0_ 0. a. 0_ 4 A. CL 4 0. t-4 d ' ' d a a W = Nv > > > > > > > > J > > > to W O O Z W tCf O O O O to "1 O O Y N W W W r .-t .r .-t 1- N O O OC 4. 392 00900 - Page 23 of 40 V • O a L C) co b 0 a~ .C a- N to N 0.0 N °ca s a+ m m ce a, s j i~ N r - ,at Cn L C A r to t d r G a d r b ; r Q 31: d 4' w r N A L Y as 3 c Q' d L 4 O W A ~ O V ~ W _X r O£ M ~~i 5~ ~0 tl Occup oval Safety and Health Admin Labor Pt. 192 6, Sub pt. P, App, C M z H U N .°'C W eq ~ ~O H W W W N " N }C H x H p a U * .o ~o .o YI 4 S Q 64 t'K) Cx1 H 00 a • t~ A m c 94 ~n 4n an h a w . - a p.~ H z OD O O O N W A v7 " x o co o co ►4 Qj :i N o~ a .o ~ F~~iW pa7CW h V1 h h pWpQ IC T W N M ' t,/ 04 d 1 (9 F a xb Go pGoo 00 00 x co o o G GI At r 7- . . ~tl b k 90 O M a0 - ° 0 v a 'F W .N. .O it o0 ae 00 aC Go at 0o x co co p .O Y c U W NN b ~p kO ~p co 0x0 0k o pxo ? P C F ~O 1 Q 0 41 Y F + a to W ~O 00 c c co N x 3 c c 9 0 Y + N c N O H .p W ~O %0 co co . N N F Y o U s b x 7{ Go k V 01 A Y p v , ~ w co O V IT x a U n f1 ~1 41 0 1 F Go N F H H z G pp.. t; ej Y 4# W) v Y 4j W 00 O - 1 40 4j °x.9 4A a * x x ' FpFrr, yyyU yr a . O W Yl O O pp F on p N N .r F ~ 393 00900 - Page 24 of 40 P, App..C 29 CFR Ch. XVII (7-1-99 Edition) - to u H O td L w v w a M N ~ i ~ + w C7 O N W ~ } O .~yy to a ? U U 1 I~ a . 0.4 z U 6 i d R ~ O O W N N a x x w H w F O CQ J « O O ~ x N k N x N X N pC U N ty v tq v Z N C O N N ~ N N - H~ N . r N 00 O O U z c°C.ad w In ~n LA O O O O - O 0. 'k O x g O C C 000 o G . O . W H O O O W N ~ co X O W OD X g N 5 0 0 co C. G 000 co U H O O O M ' Go X 00 d x 00 W - V3 F a . O co co co - co a o H a o 0 U co 00 99 ~ 00 00 Q a co H 3 F O O O s c* 20 00 g g g ~O go a o a o 000 a o . . W O r+ h ,T _ H F _ _ ~ _ _ H a W N ~O H a0 FO 91 .O 00 u d .O d d Z o .Q w . • ar u u al u 414J al t1 w ' " ' N 'J Y O t a) O rn a 0 d a al 0 z w o N 7 J J f., . o Z 7-. a N m z W t WO O W v1 O O H O Hh+ e+ Ln~ N N WO A ~v ~N 394 00900 - Page 25 of 40 ..d M O h Co W 4 d a1 411 0 M 'a 41 U co ,4 1J in G A 4J :h 00 ca F Q co ado a 60 0 C. 114 C m ,O C O a M a a1 w O A a V I O M O ~ O 'a U, it # prrj} Safety. and Health Admin., Labor Pt. 1926, Subpt P, App. C # N Y 5 7 N N v 4 P. N g4 ~ x pq N 1 K N $ O a a x a ' a w ff oo E- N H N x IL) S ~ a N O v v v O N N N a ova Wx ~n .7 v w v M a N N v v ~ v H M 94 40-0 Q N O j .O .G .p x O # E M C O -4 O H .d L4 F a+ a 17 m -o >a za Zo v ~a v v v v v v v ca 41 m a tit ~ a i u M b co 40 00 a C4 a 40 a ado °od` za mo a co l. Go X x 4 . o n l co a 0 p c n co .c f ~a v v v v v v m N 10 0o a u .o 10 .o b N Y b pQ G C E+ v ~ w .C ~ .D x .D x .p x W .p .O .p A V N ~ . o . o . u ~ .xo .KO .xo ~ .C a M4, a v O- L v v .moo .xo'' .xo' w .+SO ~ w i a cn o U ~ ~p ~p ~p .O p O 0 F v v v v v ~o v .o v v mo ~o ~o ~ v v . o .xo .xo ~ ~ ~ w; 41 4 9 u to Go N ~O 00 O N ~O OD O N O x N v ~ ~ P ' ~ Q- .-r a W .r w A te a N # # W O W W F ° ~ a ~e w ( r . i [r N 7 N v O 395 00900 - Page 26 of 40 '?0 FA 1 t. P,-APP. C 29 CFR Ch. XVII (7-1-99 Edition) is 1 N " 1 N z r F v H N V W I ' 4-4 C J-4 V U Ti N H V .D DC a N H s K z ~ N a O H $x x W w fn ~ s 0 0 0 0 aa H N M M M ~ ~ s V K C7 •z pH', ~ Vl vl N ~/1 •~l 41 v1 ~1 V1 µ 1 2 cr, D N w 9. ~ N O O N O N N ~4 1-4 N v 00 co 00 x x U .O 00 00 b0 O W O N ri N n vwi a v ~n .n .n .n .n .n ~n v+ .n w dw A > N O CC) x co co x co X ' ~ A x x .O ~D 10 .O .O O co W co co w H w N .G 10 .D ao 00 ao ao ao O w 1 X x w xc is - NO . O . O 0 . co . O -d Q w A. .p .O .O .o co co co 00 O 5 x X, x x x x NO H v 101 %0 . O . O w . O O • co w O 9 .O ~a .o •O .o co co N m co A4 v v v x x w o . co ' r ° x x x x co co a c a e C x a a s a .O w .O .O .O co w 9 pQ po po pp pp H po H H H Z M Za F H H H UV .D 00 O •O OD O u ~O a0 O V O N N J W J W P. v 5 O N x p. " ' a N 2 N .7 5 V )Z ~ oc ac a w a w G a z W H Ham Q N E O N ia . ~ H v r1 a O 0 3 'n t+ w Cdd b .c ar L iJ 7 d 4 L 7 F ~ F p 9: 94 O1 D L X m bo bo r: rr 40 c 400 .0 N m 0 r.1 G 01 d w .O m) a~i S 7. 6 0 ~ i0+ a~ u w to ~00 2 A 396 00900 Page 27 of 40 Occupanal Safety and Health Admin., Labor Pt. 1926, Subpt. P, App, p z H U a a 0 N a.. O H xw w ww 3 O a t yr. a Y~ E kF a F { a x . x . ` H U co 4 H .o .o U Cn X A 11 v v o # v f ff. x O w ~y W Q d M R i an .C 11 41 N W 'Li . a p N 00 O Na O N N . LW ~ N Go IC ~C , CC .-a 1-1 a ti 0 O N O W C9 .O of 60 A Phi W h tn W1 'n y .u Q w ca L c to F pp 'n . xx 00 ;0 OD 00 9 OJ m G W v 4 ~ W N A ~.1 E+ Go 00 00 co .1. .p Go OO *0 CND pd A U H - co co a .O .o m k °p De C u ] co 7J w o ° O ex t . > W 00 Go x co -H k to %0 o o co O' Y H 3 O H Q co QD 11 41 10 10 co 14 3~ a Op V O H fi O O W W U 1 S C H rr H W [ r F O . F .r t0 O M W1 W w PC U.W o< w .00 O Y oo Y 8 7 ~ y v W Y Y O P UO Y ~ 41 YN 4 Y YaYi w a 0 o -1 . 1:3 N 4 a . P. p, 0 Y a1 W A F V # H z W A µ ~ O c~ F v1 E O Lei Fa in O •r H O N W~W O A N O W APPENDIX D O SUBPART P-ALUMINUM pendix must be used when design of the alu- HYDRAULI SHORING FOR TRENCHES minum hydraulic protective system cannot be performed in accordance with (a) Scope. Tf Is appendix contains informa- § 1926.652(c) (2). tion that can a used when aluminum hy- (b) Soil CiassiFcatlozz. In order to use data draulic shoring is provided as a method of presented in this appendix. the soil type or protection ag st cave-ins in trenches that types in which the excavation is made must do not exceed feet (6.1m) in depth. This ap- 397 00900 - Page 28 of 40 PALL aZ)9 - Pt. 1926, ubpt.; P, ;App:,.D 29 CFR Ch. XVII (7-1-99 Edition) first be d ermined using the soil classifica- bles are not considered adequate. In this tion met set forth in appendix A of sub- . , case, an alternative aluminum hydraulic ' part P of rt 1926. shoring system or other type of protective (c) Pres tation of information. Information system must be designed in accordance with is present in several forms as follows: § 1926.652. (1) Info nation is presented in tabular (A) When vertical loads imposed on cross form in les D-1:1, D-1.2, D-1.3 and E-1.4. braces exceed a 100 Pound gravity load dis- Each tab presents the maximum vertical tributed on a one foot section of the center and horiz tal spacings that may be used of the hydraulic cylinder. with vari is aluminum member sizes and (B) When surcharge loads are present from various h raulic cylinder sizes. Each table equipment weighing in excess of 20,000 contains to only for the particular soil pounds. type in ich the excavation or portion of (C) When only the lower portion or a the excav ion is made. Tables D-1.1 and D- trench is shored and the remaining portion 1.2 are fo ertical shores in Types.A and B of the trench is sloped or benched unless: soil. Tabl D-1.3 and D1.4 are for horizontal The sloped portion is sloped at an angle less waler sys in Types B and C soil. steep than three horizontal to one vertical; (2) Info ation concerning the basis of the or the members are selected from the tables tabular d and the limitations of the data for use at a depth which is determined from is present in paragraph (d) of this appen- the top of the overall trench, and not from dix. the toe of the sloped portion. j (3) Info tion explaining the use of the (e) Use of Tables D-1.1, D-1.2, D-1.3 and D- tabular d is presented in paragraph (e) of 1.4. The members of the shoring system that this appe ix. are to be selected using this information are (4) Info ation illustrating the use of the the hydraulic cylinders, and either the tabular d is presented in paragraph (0 of vertical shores or the horizontal wales. When this appe a waler system is used the vertical timber (5) Misc laneous notations (footnotes) re- sheeting to be used is also selected from garding le D-1.1 through D-1.4 are pre- these tables. The Tables D-1.1 and D-1.2 for rented in ragraph (p) of this appendix. vertical shores are used in Type A and B (6) Fig s, Illustrating typical installa- soils that do not require sheeting. Type. B tions of h raulic shoring, are included .just soils that may require sheeting, and Type C prior tot Tables. The illustrations page is soils that always require sheeting are found entitled uminum Hydraulic Shoring; in the horizontal wale.Tables D-1.3 and D-1.4. Typical I aliations." The soil type must first be determined in ac- (d) Basis j id limitations of the data. cordance with the soil classification system (1) Ver al shore rails and horizontal described in appendix A to subpart P of part wales are ose that meet the Section Mod- 1926. Using the.appropriate table, the selec- ulus requi r ements in the D-1 Tables. Alu- tion of the size and spacing of the members minum erial is 6061-T6 or. material of is made. The selection is based on the depth equivalen strength and properties. and width of the trench where the members (2) Hydr a lic cylinders specifications. (i) 2- are to be installed. In these tables the inch cylin rs shall be a minimum 2-inch in- vertical spacing is held constant at four feet side diam r with a minimum safe working on center. The tables show the maximum capacity no less than 18,000 pounds axial horizontal spacing of cylinders allowed for compressi load at maximum extension. each size of wale in the waler system tables. Maximum e xtension is to Include full range and in the vertical shore tables, the hydrau- of cylind extensions as recommended by lic cylinder horizontal spacing is the same as product m ufaturer. the vertical shore spacing. (ii) 3-inc cylinders shall be a minimum 3- (f) Example to Illustrate the Use of the Tables. inch insid diameter with a safe working ca- (1) Example 1: pacity of t less than 30,000 pounds axial A trench dug in Type A soil is 6 feet deep compressi load at extensions as rec- and 3 feet wide. From Table D-1.1: Find ommende y product manufacturer. vertical shores and 2 inch diameter cylinders (3) Limi tion of application. spaced 8 feet on center (o.c.)__horizontally and (i) It is of intended that the aluminum 4 feet on center (o.c.) vertically. (See Figures hydraulic ecification apply to every situa- 1 & 3 for typical installations.) tion that y be experienced in the field. (2) Example 2: These dat a were developed to apply to the A trench Is dug in Type B soil that does situations t hat are most commonly experi- not require sheeting, 13 feet deep and 5 feet enced in c rent trenching practice. Shoring wide. From Table D-1.2: Find vertical shores _ systems f use in situations that are not and 2 inch diameter cylinders spaced 6.5 feet covered b he 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) Whe any of the following conditions not require sheeting, but does experience are presen the members specified in the Ta- some minor raveling of the trench face. The 398 00900 - Page 29 of 40 . ' :a' ' / l I Safety and Health Admin., Labor trench is feet deep and 9 feet wide From Table D-1 . Find vertical shores and 2 inch diameter Linder (with special oversleeves as designa : -d by footnote #B2) spaced 5.5 feet o.c. horiz Plywood (I c tally and 4 feet o.c. vertically, r footnote (p) (7) to the D-1 T bl should be a e) sed behind the shores. (See Fig- ures 2 & 3 r typical installations ) (4) Ex viously di . le 4: A trench is dug in pre- urbed Type B soil, with charac- teristics o a Type C soil, and will require sheeting. feet wide. a trench is 18 feet deep and 12 foot horizontal spacing between cylinders i Table D-1.1 desired for working space. From Find horizontal wale with a sec- tion modu is of 14.0 spaced at 4 feet o c vertically a spaced at . . nd 3 inch diameter cylinder eet maximum o.c. horizontally 3x12 timbe . sheeting is required at close spacing ve cally. (See Figure 4 for typical installatio , (5) Exam 5: A trench is dug in Type C soil, 9 fee cylinder sp p and 4 feet wide. Horizontal g in excess of 6 feet is desired for workin ace. From Table D-1 4: Find horizontal . with a section modulus of 7 0 and 2 inch f . meter cylinders spaced at 6.5 eet o.c. wale with a ontally. Or, find horizontal 4 0 section modulus and 3 inch diameter c 1 er spaced at 10 feet o.c. hori- zontally, wales are spaced 4 feet o c vertically. . . . timber sheeting is required at close sp vertically. (See Figure 4 for typical inst ion.) (g) Footn D-1.1, D-1.2 and general notes, for Tables .3, and D-1.4. (1). For ap tions other than those listed in the tables efer to 51926.652(c)(2) for use of manufacture depths in tabulated data. For trench 5'1926,652(c) (2A cess of 20 feet, refer to I nd § 1926.652(c) (3). 399 Pt. 1926, `Subpt. P, App, p m (2) 2 inch diameter cylinders, at this width, shall have structural steel tube (3.5x3.54.1875) oversleeves, or structural oversleeves of manufacturer's specification, extending the full, collapsed length. (3) Hydraulic cylinders capacities. (1) 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. 00900 Page 30 of 40 ,~t '56 PACE 1 `r ,-r Pt. _1926; bpt. R-' App. D. 29 CFR Ch. XVII (7-1-99 Edition) - ALUMINUM HYDRAULIC SHORING TYPICAL INSTALLATIONS Fl NO. 1 FIGURE NO. 2 VfAtK 0. "WORM VERTICAL ALtA IM o1oIMM (ant WOANW "Yon^= 8"ORI4 twml►Lrwoaa HORIZONTAL HORI ONTAL SPACING -S/PACING VERTICAL RAIL NYORAULIC CYLINDER 18" MAX. VERTICAL RAIL HYDRAULIC CYLINDER 18" MAX. r PLYWOOD VERTICAL ;PACING ~ VERTICAL tPACIM4 s 44 MAX. M wry 4' MAX. •I AX. 2' MAX. i FI NO. 3 FIGURE NO.4 K~'M HYD 4MC•tm" UPRIGHT Y AUJYNUY ~4 - N SHOP-No WuM tYOi01 . SHEETING HORIZONTAL SPACING 101 ' HYDRAULIC VERTICAL VERTICAL RAIL 2' MAX. CYLlNO[R SPACING I/ M HYDRAULIC 1 CYLINDER • VERTICAL SPACING 4' MAX. r ' MAX. 400 00900 Page"31 of 40 s~ J a Uccupa onal Safety and Heafth Admin., Labor`'. Pi. 1926,Subpt. R App, p A4 a 7``= w~ cn O q i a r~ 00 C4 ~Cy4 w > Cd0 O O A Z ! o0 Q E v 3 y co A .~UOCLT2 Z NQ MpUO I E"W0 1 a a~z z. Z4 0 0500 0 00 00 " 2 oc p' x AAA .a «4 .9 4) C4 ~p~ ~ ~nao oa~ ~~~N p > 4. °v~cn A ~ ~ O A O a O ~ ~ ~ N ^ 's v 8zz 401 00900 - Page 32 of 40 P. App. D , a uai O w a H 00 C4 a C w 0 OO 29 CFR Ch. XVII (7-1-99 Edition) x U A z; N.Qr0 ~ i a~7 I a x 0 w l w OR c~ U W C4 Sao x ~~z ~ 09 y i a v r~ry~ y v p~ p v Q ~ ~ ~ ~ ~ u u I x ~A A x x .~aa U EH n: O i~ ° ti ti ~~z W W.r,~"'o WaEO-- n g ~~n o oG H q O O O>~"'7~ MAN p C) 0 0 gzz 402 00900 - Page 33 of 40 uccupa na! Safety-and Health Admin., Labor Pt. 7926, Subpt. P, App. D i~ z ~ ~ M M _M M M M M M ~ r7- p~ V3C• O O O O O O h O 0 W>il ~ N 06 o: ~ 'c o0 0 v~ ~v c~ 3 O p~ 4 V I A N W N N E u S NzNZ M NO M M Nz M Q `q V z oo o .M'. 0 ~ O O Q O O a ~ O > D Q od 0: .p cd o vri oo. $ h 00 C4 M w O O O O O O 00 O~ C4 O v', O O ~Sp oo O vj NG ! p: O :1 R: Z ~n o o .n o o _ r 4n ror ' M M n t7 cn O y. v fA SAO N O ~ V1 O o v~' wzz: 403 00900 - Page 34 of 40 , l 1 Pt. .1926 z . ~ O H ~ 1 ~ t a~w i 1 :I .1 A. P, App. D 29 CFR Ch. XVII (7-1-99 Edition) 5 0 ~ ~ ~ I _ x0 N N N h O : z z z z z z z z M M M M M M M M M 04 S N ^ (7 z a, V O a N %6 O o O v h wn q 06 N vi a vi O %6 W W 0 a h zN NO zW z M zN ND z M z M z~ N~ z M z M V'' z Z z z 00 O w o Z6 Ln '6 o o O v ~n vi o 06 v~ cr, o %n a '6 O x a 3 g z z z z z z z z z 00 a N N M N M M N M M o Q Al 0 K o h o a r, a In o Cl .r a '6 '6 6 v vi 00 cn %n %6 z Z!3 F , % h i O O t -n M O ~ O h M O ~ O n v c+ f~ ~ f t st W .r .r 3 ~v rx a ~ v v v xx z W aa pp ?oF p c°v oL O O ,n a O ~ O? N O q a APPENDIX E TO SUBPART P-ALTERNATIVES TO TIMBER SHORING 404 00900 -Page 35 of 40 u v °Q 3 a > °a o a 7 ~a u w C •O F b ^ G U u G -A 0 v v p J V ~q 0 aQ ~'ox,ew ~~b a QQa~Cg f ZZ• Vli p nal Safety and Health Admin., Labor ` Occu a Pt. 792"6, Subpt. P, App. E Figure I. Aluminum Hydraulic Shoring tall M VERT $PAC 4' MAC RTICAL RAIL 'DRAULIC CYLINDER 2. Pneumatic/hydraulic Shoring 4 0000 405 00900 -Page 36 of 40 Pt. 1926, S • PL -P, •APP F Figure .j Trench Jacks (Screw Jacks) Figure C Trench Shields 29 CFR Ch. XVII (7-1-09 Edition) APPENDIX F TO SUBPART P-SELECTION OF PROTECTIVE SYSTEMS The foll wing figures are a graphic summary of the requirements- contained in subpart or excavations 20 feet or less in depth. Protective systems for use in excavatloi is more than 20 feet in depth must be designed by a registered profes- sional en eer in accordance with § 1926.652 (b) and (c). 406 00900`- Page 37,of 40 Occupa nal Safety and Health. Admin., Labor Pt. 1926, Subpt. P, App. F Is the excavation more 'than 5 feet in depth? Is ere potential for ave-in? NO Evertieal avation maybe e with sides. Is the excavation entirely in stable rock? YFS Excavation must be sloped, shored, or shielded. to in Shoring or shielding e ecte selected. . ;Go to figure 2 Go to Figure 3 FIGURE 1 - PRELIMINARY DECISIONS 407 00900 -Page 3 S of 40 y L 58 ,Pt. 1926, 5 bPt`~P. APP F 29 CFR Ch. XVfI (7-'1-99 Ediiion ) Sloping selected as the method of protection will soil classification be made in accordance with 51926.652 (b)? Excava one of optio on must comply with he following three 01 1 Ion 1: S1926 : 6 (b)(2) which requir Appendices A and be followed ion 2: 1926.6 (b)(3) which requir other tabulated data ( definition) to be fol ed. 'on 3: 1926.65 (b)(4) which require the excavation to be igned by a registe d professional enginee Excavations must comply withJ1926.652 (b)(1) which requires a elope of ItH:1V (34°). FIGURE 2 - SLOPING OPTIONS 408 00900.- Page 39 of 40 , a Jr~ of a l/ u Uccup oval Safety and Health Admin., Labor ~ Pt. 1926, Subpt. P. App. F Shoring or shielding selected as the method of protection. Soil classification is required when shoring or shielding is used. The excavation must comply with one of the following four options: Option 1 51926.652 (c)(1) which requires Appendices A and C to be followed (e.g. timber shoring). Option 2 §1926.652 (c)(2) which requires manufacturers data to be followed (e.g. hydraulic shoring,trench jacks, air shores, shields). Option 3 51926.652 (c)(3) which requires tabulated data (see definition) to be followed (e.g' any system as per the tabulated data). Option 4 .1926.652 (c)(4) which requires the excavation to be designed by a registered professional engineer (e.g. any designed system). FIGURE 3 - SHORING AND SHIELDING OPTIONS 409 00900 - Page 40 of 40 SAFETY - SUPPLEMENTAL INFORMATION 00910 - Page 1 of 6 i H-B. No. 1569 relati to trench safety. AN ACT B t enacted by the Legislature of the State of Texas.- SECTION 1. Section 2, Chapter 722, Acts of the 70th Legislature, Regular Session, 1987 Article 2368a.6, Vernon's Texas Civil Statutes), is amended to read as follows: Se 2. (a) On any project [all_prej8cAs] for a political subdivision of the state in which tren excavation will exceed a depth of five feet, the bid documents provided to all of the b' dens and the contract must include: a reference to the Occupational Safety and Health Administration's standards for rench safety that will be in effect during the period of construction of the pr ct; ( a copy of special shoring requirements, if any, of the political subdivision wit a separate pay item for such special shoring requirements; a copy of any geotechnical information that was obtained by the owner or use by e contractor in the design of the trench safety system; and f ( a separate pay item for trench excavation safety protection (detail nfni rrnrr. l ~Gntr, for :1 (b) 'the separate pay item for trench safety shall be based on the linear feet of trench excavated- The separate pay item for special shoring requirements, if any, of the political subdivision shall be based on the square feet of shoring used [was -6052-1 ev~i ] (c) political subdivision may require the bidders to attend a pre-bid conference for th urpose of coordinating a geotechnical investigation of the project site by the bidde In awarding a contract, a political subdivision shall not consider a bid from a bidd who failed to attend a pre-bid conference required by the political subdivision under is section. (d) e term "trench" shall have the meaning assigned to that term in the stan- dards omulgated by the Occupational Safety and Health Administration. (e) YF, is statute does not apply to persons subject to the safety standards adopted under Article 6053-1, Revised Statutes, and the administrative penalty provisions of Article 053 2, Revised Statutes. SECTION 2. Chapter 723, Acts of the 70th Legislature, Regular Session, 1987 (Article 1015q, ernon's Texas Civil Statutes), is amended to read as follows: fir n~ (a) On a f -GRJ construction project (pre}eets] in V this state in which a contractor is employ and in which trench excavation will exceed a depth df five feet, the bid docurne , if bids are used, and the contract must include: I (1) reference to the Occupational Safety and Health Administration's standards for t nch safety that will be in effect during the period of construction of the prole (2) copy of any special shoring requirements, if any, of the state or of a political s-ubdi on within which the construction project is located, with a separate pay item r such special shoring requirements; (3) j copy of any geotechnical information that was obtained by the owner for use in de n of the trench safety system; and 4604 00910 -Page 3 of 6 kin. 1111, rate pay item for trench excavation safety protection [dataila~cl . The se . (b) Th chexcat ~ p arate pay item for trench safety shall be based on the linear feet of tted- The separate pay item for special shori L e o sha ng requirements, if any, of of any political subdivision within which the constru coon project is be based on the square feet of shori ng used • ~ -h~i r ~ L ~ 'Sec. 2. ~ ildin g per i t municipality may adopt an ordinance that requires the re it to an refusal of a any person who fails to certify in writing that the re i on X of ect ` the writte qu rement in is Act has been satisfied: A municipality may, in lieu of or in addition certification, require an applicant for a buildin e it :snspection o ,Section X of g p rm to produce for to file with the municipality a copy of a contract that complies with is Act as a condition to the i j ssuance of a building permit [st income Sec. Y. n '712,-: Acts. of i g statute does not apply to a contract governed by Section 2, Chapter e 70th Legislature Regular Se i Texas Civil , Fernon's TeA , ss on, 1987 (Article 2368a.6, Vernon's lutes), or the State Purchasing and General Services Act (Article 6016, s Civil Statutes) or to a contract t d ::safety stand :tive enalt en ere into by a person subject to the adopted under Article 6053-1, Revised Statutes, and the administra- o i i A p y S •Th v s ons of rticle 6053-2, Revised Statutes. " " ec... .-standards p term trench shall have the meaning assigned to that term in the mulgated by the Occupational Safety and H lth SECTION Vernon's TeYI S ea Administration. Section 5.26, State Purchasing and General Services Act (Article 601b, Civil Statutes), is amended b am di S = adding Subsec t y en ng ubsections (a-1) and (a-2) and ions (a-3), (a-4), and (a-5) to read as follows: (a-1) On co feet, the mnifo truction projects in which trench excavation will exceed a depth of five set of general conditions must i to all of the requ re that the bid documents provided ders and the contract include.. (1) a refe for trench nce to the Occupational Safety and Health Administration's standards fety that will be in effect during the period of const ti project; ruc on -of the - (2) a cop pay item fo of the special shoring requirements, if any, of the state, with a_ separate such special shoring requirements; (3) a copy by the cont any geotechnical information that was obtained by the owner for use ctor in the design of the trench safet s t (4) a sepa y ys em; and to pay item for trench excavation safety protection T - -r - (a-2) The se rate pay item for trench safety shall be based on the linear feet of trench excavat . The separate pay item for special shoring requirements, if any, of the state shall based an the square feet of shoring used (a-,Y) A state gency may require the bidders to attend a pre-bid conference for the Purpose of coo inating a geotechnical investigation of the project site by the bidders. In awarding a ntract, an agency shall not consider a bid from a bidder who failed to attend a pre-bi conference required by the agency under this section. 0091- Page .4 of 6 CJ An f r Ch. sm this end r C?<1X1' § 3 71st LEGISLATURE--REGULAR SESSION The term "trench" shall have the meaning assigned to that term in the rds promulgated by the Occupational Safety. and Health Administration. Subsections (4-1) through 0-4) shall not apply to contracts entered into with subject to the safety standards of Article 6053-I, Revised Statutes, and the istrative penalty provisions of Article 6053-2, Revised Statutes. ON 4. If any provision of this Act or its application to any person or circum- is held invalid, the invalidity does not affect other provisions or applications of t that can be given effect without the invalid provision or application, and to this provisions of this Act are declared to-be severable. ON 5. The importance of this legislation and the crowded condition of the in both houses create an emergency and an imperative public necessity that the tional rule requiring bills to be read on three several days in each house be tied, and this rule is hereby suspended. d by the House on May 23, 1989, by a non-record vote; passed by the Senate on ay 28, 1989, by the following vote: Yeas 31, Nays 0. ved June 16, 1989. e Aug. 28, 1989, 90 days after date of adjournment. 00910 -Page 5 of 6 j i DIVISION 1- GENERAL REQUIREMENTS VOL 6S PACE ;?;4P BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPA RT ENT Road and Bridge NUMBER 560010 DATE OF OURT MEETING: July 13, 2004 ITEM: Re j~ est from Verizon Communications to replace 1,220 feet of southeast Ight of wav of Deep Well Road Site is located in Precinct 2 in the SOURCE OF FUNDS: N/A IRE ENTS: jD[ ork will be permitted between front slope and/or back slope. tallation(s) shall be constructed in designated utility easemen ts, if applicable. If no utility nt exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line and/or case of a road bore, perpendicular to the right-of-way line. aring of brush, trees and other obstruction is necessary, it shall be the Applicant's bility to do so and to remove all cleared brush, trees etc. from county right-of-way. line shall be compacted to 90%a standard density ASTM-Test Method No. D-698; test shall be d by an independent geotechnical testing firm; copies of all test results shall be furnished to of the Brazos County Engineer. truction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control for Streets and Hi hwa s, published by the Texas Department of Transportation, and all other d Federal laws governing utility construction. ACTION R UESTED OR ALTERNATIVES: SUBW BY: Richard F. ance, P.E. County En a eer CC04-077' APPROVED BY: Commissioner E. Duane Peters Precinct 2 This Requ t is Approved 11 / Denied ❑ by Commissioners' Court Date: 11~1(-U /I r; 1 , County Judge 5~ d,27 1= y veri7on Engineering & Planning 301 Industrial Blvd. Bryan, TX 77803 June 19. 2004 Richa Vance Brazo ounty Engineering Office Count ngineer 2617 Hwy. 21 Bryan, 77803 Dear Mt. Vance: AGRMNTS 24 BURIED CABLE are From ED-135 and a work location sketch showing the location of our buried cable line on county roads in Brazos County at Kurten, Texas. This w k is to be completed on Work Order 5435-3P001 GM which is scheduled for July 2 4. If you have any questions concerning this work, please contact Gary Recek at our ice in Bryan, telephone 979-821-4783 within 15 days so that we may explain of mod' our proposal, otherwise, it is understood that this proposal is approved. Q46L "ote John old Supe i' or - Network Engineer JA:ec Attach VERIAON COMMUNICATION To Th+1Commissioner's Court of Brazos County ATTEI~1,9-I0N COUNTY JUDGE: Notice of Line Installation June 29, 2004 Forma otice is hereby given that VERIZON COMMUNICATIONS will construct a com unication line within the right-of-way of a County Road in Brazos County, Texas s follows: Ve on Communications will replace 1220 feet of buried cable on the outheast right-of-way of Deep Well Road beginning at L116 Pd 16 con t nuing northwest to Ped 18. l The ocation and description of this line and associated appurtenances is more f ly shown by two (2) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accord nce with governing laws. No ithstanding any other provision contained herein, it is expressly under d that the tender of this notice by the Verizon Southwest Incorporated does n constitute a waiver, surrender, abandonment or impairment of any prope rights, franchise, easement, license, authority, permission, privilege or right n granted by law or may be granted in the future and any provision or provisi s so construed shall be null and void. of this line will begin on or after July 21, 2004. 301 In, Bryan, COMMUNICATIONS 4"Ao~ Network Engineer rial Blvd. 77803 5435-3P001 GM VOL PAGE v2~ 9