ATTACHMENT 4.doc

ATTACHMENT 4

SPECIAL PROVISIONS

SPECIAL PROVISIONS

1.0

SCHEDULES

A. Submit the following schedules

1. Construction schedule

2. Schedule of submittals/shop drawings

3. Staff Names

4. Subcontract List: Prepare a written summary identifying individuals or firms proposed for each portion of the Work, including those who are to furnish products or equipment fabricated to a special design. Include the following information in tabular form:

a. Name, address, and telephone number of entity performing subcontract or supplying products.

b. Number and title of related Specification Section(s) covered by subcontract.

B. Do not commence portion of the Work requiring a submission until submission has been accepted by the Contracting Officer’s (CO).

C. In addition to the submittals required by the various Technical Specifications, provide the following submittals within 10 days after the effective date of the Agreement:

1. Schedule of Construction. Submit a proposed schedule of construction (schedule of operations) to the CO.

a. Provide a bar-chart-type or Gantt-chart-type schedule that clearly indicates the start date and duration of specific construction activities. The Contractor shall not work on Saturday, Sunday, or Holidays without approval of the CO. Portions of the Work to be performed by subcontractors or utilities shall be clearly indicated as such.

b. Incorporate the erosion control including construction phasing provisions into the construction schedule.

c. Prepare scaled drawing clearly showing proposed construction phasing areas corresponding to construction schedule.

d. No work shall be started until the schedule of construction is reviewed and approved by the CO.

e. Contract completion date shall not be changed by submission of a schedule, unless specifically authorized by Change Order approved by the CO.

2. Schedule of Submittals/Shop Drawings. The Contractor shall submit its proposed schedule of submittals to the CO.

3. Staff Names: Within five days of starting construction operations, submit a list of principal staff assignments, including superintendent and other personnel in attendance at Project site. Identify individuals and their duties and responsibilities; list addresses and telephone numbers, including home and cellular telephone numbers. Provide names, addresses, and telephone numbers of individuals assigned as standbys in the absence of individuals assigned to Project.

a. Post copies of list in Project meeting room, in temporary field office, and by each temporary telephone.

1.2 SPECIFICATION FORMATS AND CONVENTIONS

A. Specification Format: The Specifications are organized and prepared consistent with Natural Resources Conservation Service Standard Specifications. Each specification section includes general requirements that apply to all applicable work items. The final section of each specification “Items of Work and Construction Detail” includes specific specifications that apply to a specific bid item and/or the project in general. The “Items of Work and Construction Detail” section takes precedence over all other sections of that specification.

B. Specification Content: The Specifications use certain conventions for the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations. These conventions are as follows:

1. Abbreviated Language: Language used in the Specifications and other Contract Documents is abbreviated. Words and meanings shall be interpreted as appropriate. Words implied, but not stated, shall be inferred as the sense requires. Singular words shall be interpreted as plural, and plural words shall be interpreted as singular where applicable as the context of the Contract Documents indicates.

2. Imperative mood and streamlined language are generally used in the Specifications. Requirements expressed in the imperative mood are to be performed by Contractor. Occasionally, the indicative or subjunctive mood may be used in the Section text for clarity to describe responsibilities that must be fulfilled indirectly by Contractor or by others when so noted.

a. The words "shall," "shall be," or "shall comply with," depending on the context, are implied where a colon (:) is used within a sentence or phrase.

1.3 UTILITY LOCATIONS

A. Contact Dig Safe at 1-888-344-7233 at least 72 hours prior to the start of construction (excluding weekends and holidays), to mark out the utility locations.

B. The underground utilities and structures at the site have been located primarily from information furnished by others and the locations as depicted on the Drawings are considered approximate as to size and location. There may be additional underground utilities and structures that are not shown on the Drawings, and it shall be the responsibility of the Contractor to locate all existing utilities and structures and to protect same from damage or harm. Restore utilities interfered with or damaged, at the expense of the Contractor, and to the satisfaction of its Owner.

1.4 ACCESS TO SITE

A.

Use of Site: Limit use of site to work in areas indicated by the Limit of Disturbance (LOD) shown on the Drawings. Do not disturb portions of site beyond areas in which the Work is indicated.

a. Locate easement and property boundaries. No work is allowed outside of the easement unless specifically shown on the drawings.

B. Minimize damage to adjacent travel ways (driveways, parking areas, paved areas, roads); restore damaged areas to their original condition or better to the satisfaction of the CO.

C. Remove and restore to original condition landscaping, walls, fences, structures, utility lines, poles, guy wires, anchors, and other improvements required to be relocated for construction of the Work. Costs for such activity shall be borne by the Contractor. Notify the COTR, property owner, and utility owner of intended modification or disruption to their property or if access to their property is required, prior to the start of construction. Cooperate with them in the scheduling and performance of his operations.

D. If the Contractor, by direct negotiation and bargain with any land owner, lessee or tenant, has secured any right to use more space or greater privileges in the space provided by the CO for purposes incidental to the performance of the Contract, he shall, upon request of the COR, furnish to the CO proper evidence that such additional rights have been properly secured and assurance that no damage to or claim upon the CO will arise there from. Neither the Contracting Officer’s Technical Representative (COTR) or the COTR’s consultant shall be liable in any way for any expense incurred by the Contractor in securing any such right to use additional property.

E. The Contractor shall be responsible for and reimburse the CO and others for any and all losses, damage or expense which the CO or those others may suffer, either directly or indirectly or through any claims of any person or party, for any trespass outside the spaces and rights of way provided by the CO to the Contractor or any violation or disregard of the terms and conditions established for the use or occupancy of those rights or for negligence in the exercise of those rights. The CO may retain or deduct from any sum or sums due or to become due to the Contractor such amount or amounts as may be proper to insure the CO against loss or expense by reason of the failure of the Contractor to observe the limits and conditions of the rights-of-way, rights-of-access, easements, etc., provided by the CO.

1.5 SCHEDULING OF WORK ZONE ACTIVITIES

A. Schedule activities on Monday through Friday, 7:00 AM to 4:30 PM. Should access to the Site at other times be necessary, make arrangements with CO.

1.6 REGULATORY COMPLIANCE

A. All equipment operators and workers performing work at the proposed location shall hold the appropriate State of Rhode Island licenses for their responsibilities.

B. Contractor shall provide a ‘Competent Person’, as defined by the US Department of Labor Occupational Safety & Health Administration (OSHA), for the location of the proposed work.

C. All required licenses and/or certificates for work being performed shall be copied and supplied to the CO prior to beginning work by each contractor, subcontractor or vendor employee conducting work at the site. All required licenses and/or certificates for work being performed shall be in the possession of the person(s) while performing the work.

D. The Contractor shall be solely responsible to conduct their operations in a manner that meets all local, state and federal regulations including RIDEM, USEPA, USACOE, OSHA and labor and equipment licensing requirements.

E. The Contractor shall comply with environmental permits that have been secured for this project.

1.4

PROJECT MEETINGS

F. General: COTR’s consultant will schedule and conduct meetings and conferences at Project site, unless otherwise indicated.

1. Attendees: COTR’s consultant will inform participants and others involved, and individuals whose presence is required, of date and time of each meeting.

2. Agenda: COTR’s consultant will prepare the meeting agenda and distribute the agenda to all invited attendees.

3. Minutes: COTR’s consultant will record significant discussions and agreements achieved, and distribute the meeting minutes to everyone concerned, including the Contractor, CO, and COTR’s consultant, within 10 days of the meeting.

G. Preconstruction Conference: COTR’s consultant will schedule a preconstruction conference before start of construction, at a time convenient to COTR’s consultant, Contractor, and COTR, but no later than 15 days after execution of the Agreement.

1. Attendees: Authorized representatives of COTR, and their consultants; and Contractor and its superintendent; shall attend the conference. All participants at the conference shall be familiar with Project and authorized to conclude matters relating to the Work.

2. Agenda: Discuss items of significance that could affect progress, including the following:

a. Tentative construction schedule.

b. Phasing.

c. Critical work sequencing.

d. Designation of responsible personnel.

e. Procedures for processing field decisions and Change Orders.

f. Procedures for processing Applications for Payment.

g. Distribution of the Contract Documents.

h. Submittal procedures.

i. Preparation of Record Documents.

j. Use of the premises.

k. Responsibility for temporary facilities and controls.

l. Parking availability.

m. Office, work, and storage areas.

n. Equipment deliveries and priorities.

o. First aid.

p. Security.

q. Progress cleaning.

r. Working hours.

H. Progress Meetings: COTR’s consultant will conduct progress meetings at bi-monthly intervals or as deemed necessary during non critical phases of work and weekly if conditions warrant.

1. Attendees: In addition to representatives of COTR, each contractor, subcontractor, supplier, and other entity required to finalize discussions regarding current progress or involved in planning, coordination, or performance of future activities shall be represented at these meetings. All participants at the conference shall be familiar with Project and authorized to conclude matters relating to the Work.

2. Agenda: Review and correct or approve minutes of previous progress meeting. Review other items of significance that could affect progress. Include topics for discussion as appropriate to status of Project.

a. Contractor's Construction Schedule: Review progress since the last meeting. Determine whether each activity is on time, ahead of schedule, or behind schedule, in relation to Contractor's Construction Schedule. Determine how construction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time.

b. Review present and future needs of each entity present, including the following:

1) Interface requirements.

2) Sequence of operations.

3) Status of submittals.

4) Deliveries.

5) Access.

6) Temporary facilities and controls.

7) Work hours.

8) Hazards and risks.

9) Progress cleaning.

10) Quality and work standards.

11) Change Orders.

12) Documentation of information for payment requests.

3. Reporting: Distribute minutes of the meeting to each party present and to parties who should have been present. Include a brief summary, in narrative form, of progress since the previous meeting and report.

a. Schedule Updating: Revise Contractor's Construction Schedule after each progress meeting where revisions to the schedule have been made or recognized. Issue revised schedule concurrently with the report of each meeting.

1.7 SUBMITTAL PROCEDURES

A. General: Electronic copies of CAD Drawings of the Contract Drawings will not be provided by COTR’s consultant for Contractor's use in preparing submittals, unless requested by the Contractor.

B. Method of Transmitting Submittals: Electronic transmission of submittals, including a facsimile and e-mail process, will not be allowed.

C. Clarity: Provide neat, clean and legible printed materials that can be easily reproduced by normal photocopying process. Illegible submittals will be returned unreviewed.

D. Coordination: Coordinate preparation and processing of submittals with performance of construction activities.

1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity.

2. Coordinate transmittal of different types of submittals for related parts of the Work so processing will not be delayed because of need to review submittals concurrently for coordination.

a. COTR’s consultant reserves the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received.

E. Processing Time: Allow enough time for submittal review, including time for resubmittals, as follows. Time for review shall commence on COTR’s consultant receipt of submittal.

1. Allow 14 days for initial review of each submittal. Allow additional time if processing must be delayed to permit coordination with subsequent submittals. COTR’s consultant will advise Contractor when a submittal being processed must be delayed for coordination.

2. No extension of the Contract Time or claims for delay will be authorized because of failure to transmit submittals enough in advance of the Work to permit processing.

F. Identification: Place a permanent label or title block on each submittal for identification.

1. Indicate name of firm or entity that prepared each submittal on label or title block.

2. Provide a space approximately 4 by 5 inches on label or beside title block to record Contractor's review and approval markings and action taken by COTR’s consultant.

3. Include the following information on label for processing and recording action taken:

a. Project name.

b. Date.

c. Name and address of COTR’s consultant .

d. Name and address of Contractor.

e. Name and address of subcontractor.

f. Name and address of supplier including name and telephone number of contact.

g. Name of manufacturer including name and telephone number of contact.

h. Unique identifier, including revision number.

i. Number and title of appropriate Specification Section.

j. Drawing number and detail references, as appropriate.

k. Other necessary identification.

G. Deviations: Highlight, encircle, or otherwise identify deviations from the Contract Documents on submittals. Provide list or narrative of deviations on Submittal Transmittal form.

H. Transmittal: Package each submittal individually and appropriately for transmittal and handling. Transmit each submittal using a transmittal form. COTR’s consultant will return submittals, without review received from sources other than Contractor.

1. On an attached separate sheet, prepared on Contractor's letterhead, record relevant information, requests for data, revisions other than those requested by COTR’s consultant on previous submittals, and deviations from requirements of the Contract Documents, including minor variations and limitations. Include the same label information as the related submittal.

2. Include Contractor's certification stating that information submitted complies with requirements of the Contract Documents.

I. Distribution: Furnish copies of final submittals to manufacturers, subcontractors, suppliers, fabricators, installers, authorities having jurisdiction, and others as necessary for performance of construction activities. Show distribution on transmittal forms.

J. Use for Construction: Use only final submittals with mark indicating action taken by COTR’s consultant in connection with construction.

K. Action Submittals: Prepare and submit Action Submittals required by individual Specification Sections.

1. Number of Copies: Submit four copies of each submittal, unless otherwise indicated. Retain one returned copy as a Record Document.

2. Contractor shall review each submittal and check for compliance with the Contract Documents. Note corrections and field dimensions. Mark each copy of each submittal with approval stamp before submitting to COTR’s consultant.

a. Approval Stamp: Stamp each submittal with a uniform approval stamp.

b. Include Project name and location, submittal number, Specification Section title and number, name of reviewer, date of Contractor's approval, and statement certifying that submittal has been reviewed, checked, and approved for compliance with the Contract Documents. See attached Submittal Transmittal for sample of statement.

3. COTR’s consultant will review each submittal, make marks to indicate corrections or modifications required, and return it. COTR’s consultant will stamp each submittal with an action stamp and will mark stamp appropriately to indicate action taken, as follows:

a. Furnish as Submitted: Submittal appears to conform to Contract Documents and Contractor may proceed with ordering and installation.

b. Furnish as Noted: Same as “Furnish as Submitted” accept that the Contractor must comply with modifications or notes added to the submittal by the COTR’s consultant.

c. Rejected: Submittal must be revised and resubmitted.

4. Informational Submittals: COTR’s consultant will review each submittal and will not return it, or will reject and return it if it does not comply with requirements. COTR’s consultant will forward each submittal to appropriate party.

5. General: COTR’s consultant will not review submittals that do not bear Contractor's approval stamp and submittal transmittal and will return them without action.

a. COTR’s consultant may elect not to review partial or incomplete submittals and will return such submittals with no action taken.

b. Submittals not required by the Contract Documents will not be reviewed and may be discarded.

L. Product Data: Collect information into a single submittal for each element of construction and type of product.

1. If information must be specially prepared for submittal because standard printed data are not suitable for use, submit as Shop Drawings, not as Product Data.

2. Mark each copy of each submittal to show which products and options are applicable.

3. Include the following information, as applicable:

a. Manufacturer's written recommendations.

b. Manufacturer's product specifications.

c. Manufacturer's installation instructions.

d. Manufacturer's catalog cuts.

M. Shop Drawings: Prepare Project-specific information, drawn accurately to scale. Do not base Shop Drawings on reproductions of the Contract Documents or standard printed data.

1. Preparation: Include the following information, as applicable:

a. Dimensions.

b. Identification of products.

c. Fabrication and installation drawings.

d. Design calculations.

e. Compliance with specified standards.

f. Notation of dimensions established by field measurement.

N. Manufacturer Certificates: Prepare written statements on manufacturer's letterhead certifying that manufacturer complies with requirements. Include evidence of manufacturing experience where required.

O. Material or Product Certificates: Prepare written statements on manufacturer's letterhead certifying that material or product complies with requirements. Use attached sample Material Certificate, or provide certificate that includes the following information.

1. Project to which material is consigned.

2. Name of contractor receiving material.

3. Quantity of material represented by the certificate.

4. Means of identifying consignment including label, marking, or lot number.

5. Date and method of shipment.

6. Signature of Supplier’s authorized agent.

7. Notarization of certificate.

P. Material Test Reports: Prepare reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting test results of material for compliance with requirements.

Q. Field Test Reports: Prepare reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of field tests performed either during installation of product or after product is installed in its final location, for compliance with requirements.

R. Manufacturer's Instructions: Prepare written or published information that documents manufacturer's recommendations, guidelines, and procedures for installing or operating a product or equipment. Include name of product and name, address, and telephone number of manufacturer.

1.8 TESTING LABORATORY

A. The Contractor will select and employ an Independent Testing Laboratory, approved by the COTR’s consultant and holding current certification with the State of Rhode Island, prior to the commencement of the Work, to perform soil testing services as well as other field testing services required by the Contract Documents. Laboratories shall also meet qualifications listed in Division 2 Sections for the types of testing to be conducted.

1. The Contractor shall pay all charges of the Testing Laboratory. Employment of Testing Laboratory shall in no way relieve Contractor of his obligation to perform work in accordance with Contract.

2. Contractor shall submit for COTR’s consultant approval the name and qualifications of the Independent Testing Laboratory prior to the commencement of work.

B. The Testing Laboratory shall promptly notify the COTR’s consultant of observed irregularities or deficiencies of work or products and shall perform additional testing as required. The Testing Laboratory shall promptly submit two (2) copies of written reports for each test and inspection to the COTR’s consultant and one copy to the Contractor. Each report shall include:

1.

Date issued.

2.

Project title and number.

3.

Testing laboratory name, address, and telephone number.

4.

Name and signature of field and/or laboratory inspector.

5.

Date, time, and location of sampling or inspection.

6.

Record of temperature and weather conditions.

7.

Date of test.

8.

Identification of products and Specification Section.

9.

Location of sample or test in the Project. Sample locations shall be shown on site plan sketch.

10.

Type of inspection or test.

11.

Results of test and compliance with Contract Documents.

12.

Interpretation of test results.

C. The Testing Laboratory shall not be authorized to release, revoke, alter or enlarge upon any requirements of the Contract Documents and Laboratory shall not approve or accept any portion of the Work that does not conform to these Specifications.

D. Laboratory may not assume any duties of the Contractor; and the Laboratory has no authority to stop work.

E. Contractor shall arrange with Laboratory, and pay for, any additional inspections, sampling and testing required when initial tests indicate that work does not comply with Contract Documents.

1.9 SAFETY

A. The Contractor shall comply with all requirements of the most recent version of the Occupational Safety and Health Act (OSHA).

B. When any support system is used that requires design by an engineer, copies of the design stamped by a Professional Engineer registered in the State of Rhode Island shall be submitted to the COTR’s consultant.

C. The Contractor has full responsibility to comply with all provisions of the State of Rhode Island Public General Statutes concerning Occupational Safety and Health. Any fines levied against the Contractor for violations shall be the Contractor’s responsibility.

D. Contractor shall provide fencing, barriers or any other techniques required to protect the public as well as Contractor property and staff. Contractor is solely responsible for safety on the project site.

1.10 PROTECTION

A.

The Contractor shall assume full responsibility for the protection of all public or private buildings, structures and utilities in the streets, gas pipes, water pipes, hydrants, sewers, drains, electric and telephone cables, and any other improvements whether or not they are shown on the Drawings. The Contractor shall carefully support and protect all such structures and utilities from damage of every description and any such damage thereto shall be repaired or otherwise made good by the Contractor, at his expense, in a manner acceptable to the CO.

B.

All open excavations shall be adequately safeguarded by providing temporary barricades, caution signs, lights and other means to prevent accidents to persons and damage to property. The Contractor shall, at the Contractor’s own expense, provide suitable and safe bridges and other crossings for accommodating travel by pedestrians and workmen. The length or size of excavation will be controlled by the particular surrounding conditions, but shall always be confined to the limits prescribed by the COTR’s consultant.

1.11 TEMPORARY FACILITIES

A. Provide Self-Contained Toilet Units: Single-occupant units of chemical, aerated recirculation, or combustion type; vented; fully enclosed with a glass-fiber-reinforced polyester shell or similar nonabsorbent material.

1. Comply with regulations and health codes for type, number, location, operation, and maintenance of fixtures and facilities.

2. Disposable Supplies: Provide toilet tissue, paper towels, paper cups, and similar disposable materials for each facility. Maintain adequate supply. Provide covered waste containers for disposal of used material.

B. Provide ability to access on-site Project Superintendent by both cell phone and email through the use of a Personal Digital Assistant (e.g. Blackberry PDA).

1.12 CONSTRUCTION LAYOUT

A. Verification: Before proceeding to lay out the Work, verify layout information shown on Drawings, in relation to the property survey and existing benchmarks. If discrepancies are discovered, notify COTR’s consultant prior to proceeding with the Work.

B. General: Engage a land surveyor to lay out the Work using accepted surveying practices.

1. Establish benchmarks and control points to set lines, grades, and elsewhere as needed to locate each element of Project.

2. Check the location, level and plumb, of every major element as the Work progresses.

3. Notify COTR’s consultant when deviations from required grades, lines, and levels exceed allowable tolerances.

C. Identification: COTR’s consultant will identify existing benchmarks, control points, and property corners.

D. Reference Points: Locate existing permanent benchmarks, control points, and similar reference points before beginning the Work. Preserve and protect permanent benchmarks and control points during construction operations.

1. Do not change or relocate existing benchmarks or control points without prior written approval of COTR’s consultant. Report lost or destroyed permanent benchmarks or control points promptly. Report the need to relocate permanent benchmarks or control points to COTR’s consultant before proceeding.

2. Replace lost or destroyed permanent benchmarks and control points promptly. Base replacements on the original survey control points.

E. Benchmarks: Establish and maintain a minimum of two permanent benchmarks on Project site, referenced to data established by survey control points. Comply with authorities having jurisdiction for type and size of benchmark.

1. Record benchmark locations, with horizontal and vertical data, on Record Documents.

1.13 PROGRESS AND FINAL CLEANING

A. Clean Project site and work areas daily, including common areas. Coordinate progress cleaning for joint-use areas where more than one installer has worked. Enforce requirements strictly. Dispose of materials lawfully.

B. Maintain Project site free of waste materials and debris.

C. Contractor is responsible for the proper disposal of all waste materials.

D. Complete the following cleaning operations before requesting inspection for certification of Substantial Completion for entire Project or for a portion of Project:

a. Clean areas disturbed by construction activities of rubbish, surplus soil, waste material, litter, and other foreign substances.

b. Sweep paved areas broom clean. Remove petrochemical spills, stains, and other foreign deposits.

c. Rake grounds that are neither planted nor paved to a smooth, even-textured surface.

d. Remove tools, construction equipment, machinery, and surplus material from Project site.

e. Remove debris from limited access spaces, including trenches, equipment vaults, manholes, and similar spaces.

f. Leave Project clean and ready for occupancy.

E. Comply with safety standards for cleaning. Do not burn waste materials. Do not bury stumps, debris or excess materials brought to the site on CO’s property. Do not discharge volatile, harmful, or dangerous materials into drainage systems. Remove waste materials from Project site and dispose of lawfully.

F. If the Contractor fails to clean up, the CO may do so and the cost thereof will be charged to the Contractor.