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Home My WebLink AboutWQCS00158_Regional Office Physical File Scan Up To 2/1/2000CONTRACT DOCUMENTS US129 NORTH (TAPOCO ROAD) SEWER EXTENSION TOWN OF ROBBINSVILLE GRAHAM COUNTY, NORTH CAROLINA JOEL L. STORROW, P.E. Mc-%G*1� A S S O C I A T E S Engineering • Planning • Finance Post Office Pox 2259 Asheville, North Carolina 28802 11411AY, 1999 REVISED FEBRUARY, 2000 99710/003 00 TABLE OF CONTENTS ADVERTISEMENT FOR BIDS INSTRUCTIONS TO BIDDERS BID SCHEDULE BID BID BOND NOTICE OF AWARD AGREEMENT PAYMENT BOND PERFORMANCE BOND INSURANCE CERTIFICATES NOTICE TO PROCEED APPLICATION FOR PAYMENT CHANGE ORDER FORM GENERAL CONDITIONS MINORITY BUSINESS ENTERPRISE REQUIREMENTS ULOCO NOTICE TECHNICAL SPECIFICATIONS 01200 SPECIAL CONDITIONS 01705 MOBILIZATION 02200 EARTHWORK 02220 EXCAVATION AND BACKFILL 02222 ROCK EXCAVATION 02230 AGGREGATE BASE COURSE 02510 BITUMINOUS PAVING 02601 BORE AND ENCASEMENT 02730 SANITARY SEWER PIPE AND APPURTENANCES 02731 SANITARY SEWER SERVICE CONNECTION 02905 RESTORATION OF SURFACES 02931 SEEDING, FERTILIZING AND MULCHING 9/22199 TOC-1 PROJECT # 99710/003 ADVERTISEMENT FOR BIDS Sealed bids for the project entitled US 129 North (Tapoco Road) Sewer Extension will be received by the Town of Robbinsville at p.m. local time , 2000 in the and then publicly opened and read aloud. The project generally consists of approximately 3,200 LF of 8" sanitary sewer line and appurtenances extending between the wastewater treatment plant on US129 and Knight Street and Willie Colvin Road. The Contract Documents may be examined at the following locations: McGill Associates, P.A. Associated General Contractors Associated General Contractors F. W. Dodge F. W. Dodge Asheville, North Carolina Asheville, North Carolina Charlotte, North Carolina Charlotte, North Carolina Greenville, South Carolina Copies of the Contract Documents may be obtained at the office of the Engineer, McGill Associates, P.A., located at 55 Broad Street or Post Office Box 2259, Asheville, North Carolina 28802 upon payment of $ .00 for each set. There will be no refund to any party for Contract Documents so obtained. A certified check or cashiers check payable to the Town of Robbinsville or a satisfactory Bid Bond executed by a corporate surety licensed under the laws of North Carolina to execute such bonds in the amount equal to five percent of the total of the bid shall be submitted with each bid. Attention is called to the fact that the Contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. The Owner reserves the right to waive any informalities or reject any or all bids. The successful bidder shall be required to furnish separate - 100 percent Performance and Payment Bonds in compliance with North Carolina General Statutes Chapter 44A Section 143-129. The Performance Bond shall be in full force and effect for one (1) year after the date of final acceptance of the project by the Town of Robbinsville. AB-1 The bid deposit shall be retained by the Town of Robbinsville if the successful bidder fails to execute the contract or fails to provide the required bonds, as stated above, within ten (10) days after award of the contract. Each bidder must be appropriately licensed as a Contractor in the State of North Carolina as provided in General Statutes Chapter 87. Each bidder shall make positive efforts to use small and minority owned business enterprises on this project. This project is being financed in part by a grant from the State of North Carolina. Neither the State of North Carolina nor any of its departments, agencies, or employees is or will be a party to this invitation for bids, or any resulting contract. Procurement, however, will be subject to regulations published in the Federal Register dated March 28, 1983 as 40 CFR 33. The Town of Robbinsville reserves the right to award a contract to the lowest, responsive, responsible bidder. Bidders must comply with the President's Executive Order No. 11246 as amended, which prohibits discrimination in employment regarding race, creed, color, sex or national origin. Bidders must comply with Title VI of the Civil Rights Act of 1964, the Davis -Beacon Act, the Anti -Kickback Act, the Contract Work Hours Standard Act, and 40 CFR 35.936 (F). A certification by the bidder of prior work performed under Executive Order 11246 and compliance with 40 CFR 60-4 is required. The Owner within ten (10) working days or fifteen (15) calendar days of receipt of acceptable performance BOND, payment BOND and Agreement signed by the party to whom the Agreement was awarded shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the OWNER not execute the Agreement within such period, the BIDDER may by WRITTEN NOTICE withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the OWNER. The NOTICE TO PROCEED shall be issued within ten (10) working days or fifteen (15) calendar days of the execution of the Agreement by the Owner. Should there be reasons why the NOTICE TO PROCEED cannot be issued within such period, the time may be extended by mutual agreement between the OWNER and CONTRACTOR. If the NOTICE TO PROCEED has not been issued within the fifteen (15) calendar or ten (10) working day period or within the period mutually agreed upon, the CONTRACTOR may terminate the Agreement without further liability on the part of either party. The OWNER may make such investigations as he deems necessary to determine the ability of the BIDDER to perform the WORK, and the BIDDER shall furnish to the OWNER all such information and data for this purpose as the OWNER may request. The OWNER reserves the right to reject any BID if the evidence submitted by, or investigation of, such BIDDER fails to satisfy the AB-2 OWNER that such BIDDER is properly qualified to carry out the obligations of the Agreement and to complete the WORK contemplated therein. A conditional or qualified BID will not be accepted. All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the PROJECT shall apply to the contract throughout. Each BIDDER is responsible for inspecting the site and for reading and being thoroughly familiar with the CONTRACT DOCUMENTS. The failure or omission of any BIDDER to do any of the foregoing shall in no way relieve any BIDDER from any obligation in respect to his BID. The ENGINEER is McGILL ASSOCIATES, P.A. His address is Post Office Box 2259, Asheville, North Carolina 28802. AB-3 INSTRUCTIONS TO BIDDERS I13-01. PREPARATION OF BIDS: All bids shall be prepared in accordance with the following requirements: 1. The Bid form furnished by the Engineer shall be used and shall not be altered. 2. All entries including signatures shall be written in ink. 3. The Bidder shall submit a unit or lump sum price for every item in the Bid form. The unit or lump sum prices bid for the various Contract Items shall be written figures. 4. Changes in any entry shall be made by marking through the entry in ink and making the correct entry adjacent thereto in ink. The individual signing the Bid shall initial the change in ink. 5. The Bid shall be properly executed. In order to constitute proper execution, the Bid shall be executed in strict compliance with the following. No other forms of execution will be accepted. a. If a Bid is by an individual, it shall show the name and address of the individual and shall be signed by the individual. b. If the Bid is by a Corporation, it shall be executed in the name of the Corporation by the President or Vice President. It shall be attested by the Secretary or Assistant Secretary. The seal of the Corporation shall be affixed. The Bid shall show the address of the principal office of the Corporation. C. If the Bid is made by a Partnership, it shall be executed in the name of the Partnership by one of the partners. The address of the Partnership shall also be shown. d. If the Bid is a joint venture, it shall be executed by each of the joint venturers in the appropriate manner set out above. The address for the joint venture shall be shown. 6. The Bid shall not contain any unauthorized additions, deletions, or conditional bids. 7. The Bidder shall not add any provision reserving the right to accept or reject an award, or to enter into a Contract pursuant to an award. W-1 8. The Bid shall not contain irregularities of any kind which make the Bid incomplete, indefinite, or ambiguous as to its meaning. 9. Alternative Bids will not be considered unless specifically called for. Where numbered Alternate Bid Items are provided under any Contract, each Bidder must submit at bid price for each numbered Alternate Item. 10. All attachments, certifications or acknowledgements attached to the Bid shall be executed in the same manner as the Bid. IB-02. RECEIPT AND OPENING OF BIDS: The envelopes containing the Bids must be sealed and addressed to: Town of Robbinsville P.O. Box 126 Robbinsville, North Carolina 28771 Attn: Bobby Cagle, Jr. The outside of the envelopes must bear the name, address, and license number of the Bidder and designate the particular Contract by name for which the Bid is submitted. Bids received prior to the designated hour of opening will be securely kept, sealed. Mailed bids will be treated in every respect as though filed in person and will be subject to the same requirements. Bids received subsequent to the designated hour of opening will be returned to the Bidder unopened. IB-03. WITHDRAWAL OR REVISION OF BIDS: A Bidder may, without prejudice to himself, withdraw a Bid after it has been delivered, providing the request for such withdrawal is made either in writing or by telegram to the Engineer presiding over the opening of the Bids before the date and time set for the opening of Bids. The Bidder may then submit a revised Bid provided it is received prior to the time set for opening of Bids. No Bid may be withdrawn for a period of sixty (60) days after Bids have been opened pending the execution of a Contract with the successful Bidder except as provided for in Section 143-129.1 of the North Carolina General Statutes. Only those persons authorized to sign Bids shall be recognized as being qualified to withdraw a Bid. IB-04. ADDENDA AND INTERPRETATIONS: No interpretation of the meaning of the Plans, Specifications or other portions of the Contract Documents will be made orally. Every request for such interpretation must be addressed to the office of McGill Associates, P.A., 55 Broad Street, Post Office Box 2259, Asheville, North Carolina 28802, and, to be given consideration, must be received at the above address at least seven (7) days prior to the date fixed for the opening of Bids. Any and all such interpretations and any supplemental instructions will be in the form of written Addenda which, if issued, will be sent by mail and faxed to all holders of Contract Documents at the respective address furnished for such purpose not later than twenty four hours prior to the day fixed for the opening of Bids. Failure of any Bidder to receive any such Addenda shall not relieve said Bidder from any obligation under his Bid as submitted. All Addenda so issued shall become a part of the Contract Documents. Prospective Bidders are cautioned concerning the use of a Post Office Box address as telegraphic Addenda cannot be sent to Post Office Boxes. I13-05. QUALIFICATIONS OF BIDDERS: The Owner may make such investigation as he deems necessary to determine the qualifications of the Bidder to perform the work and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the contract, and to complete the work contemplated therein. Conditional bids will not be accepted. Bidders shall comply with all applicable laws regulating the practice of General Contracting as contained in Chapter 87 of the General Statutes of North Carolina. IB-06. RESPONSIBILITIES OF BIDDERS: Each Bidder shall, by careful examination, satisfy himself as to the nature and location of the work, the configuration of the ground, the character quality and quantity of the facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work or the cost thereof under the Contract. IB-3 The Contractor shall make his own determination as to the nature and extent of the utility facilities, including proposed adjustments, new facilities, or temporary work to be performed by the utility owner or his representative; and as to whether or not any utility work is planned by the Owner in conjunction with the project construction. The contractor shall consider in his Bid all of the permanent and temporary utility facilities in their present or relocated positions, whether or not specifically shown on the plans or covered in the project Special Conditions. It will be the Contractor's responsibility to anticipate any additional costs to him resulting from such utility work to reflect these costs in his Bid for the various items in the Contract. The failure or omission of any Bidder to thoroughly examine and familiarize himself with the Contract Documents or to receive or examine any form, instrument or document or to visit the site and acquaint himself with the conditions there existing shall in no way relieve any Bidder from any obligation in respect to his Bid. No verbal agreement or conversation with any officer, agent or employee of the Owner, either before or after the execution of the Contract, shall affect or modify any of the terms or obligations therein. IB-07. COMPARISON OF BIDS: Bids will be compared on the basis of the totals of the lump sum or unit prices bid. The resulting Total Contract Bid Price will be compared which will include and cover the furnishing of all materials, and the performance of all labor requisite or proper, and completing of all the work called for under the accompanying Contract, and in the manner set forth and described in the Contract Documents. The lowest Bidder under each Contract will be that Bidder whose Bid totals the lowest number of dollars as determined above. I13-08. AWARD OF CONTRACT: The award of the contract will be made to the lowest bidder, who, in the opinion of the Owner, is qualified to perform the work required. These bids are asked for in good faith, and awards will be made as soon as practicable, provided satisfactory Bids are received. The Owner may consider informal and reject any Bid not prepared and submitted in accordance with the provisions hereof. IB-4 The right is reserved to waive informalities in bidding, to reject any or all Bids, or to accept a Bid other than the lowest submitted if such action is deemed to be in the best interest of the Owner. I13-09. COMMENCEMENT OF WORK: Upon execution and delivery of the Contract and the delivery of the required performance and labor and material bonds and insurance certificates and policies by the Contractor to the Owner, the Contractor will be notified to proceed with the work of the Contract. The work of the Contract shall be commenced within ten (10) days following such notification or as otherwise specified in the Notice to Proceed. The Contractor shall notify the Engineer, in writing, of his intention to enter upon the site of the work at least three (3) days in advance of such entrance. IB-5 M TO: Town of Robbinsville P.O. Box 126 Robbinsville, North Carolina 28771 FROM: of the City of State of _, County of hereinafter called "Bidder". PROJECT: US 129 North (Tapoco Road) Sewer Extension Gentlemen: and The bidder, in compliance with your Advertisement for Bids for the construction of the above -referenced project, having examined the Drawings and Specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project, including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies, and to construct the project in accordance with the Contract Documents, within the time set forth therein, and the prices stated below. These prices are to cover all expenses incurred in performing the work required under the Contract Documents, of which this proposal is a part. The Bidder declares that he has carefully examined the site of the proposed work and fully informed 'and satisfied himself as to the conditions there existing, the character and requirements of the proposed work, and the difficulties attendant upon its execution, and that he has carefully read and examined the Drawings, the annexed proposed Agreement, and the specifications and other Contract Documents therein referred to, and knows and understands the terms and provisions thereof. Bidder understands that information relative to existing structures, apparent and latent conditions, and natural phenomena, as furnished to him on the Drawings, in the Contract Documents, or by the Owner or the Engineer, carries no guarantee expressed or implied as to its completeness or accuracy, and he has made due allowance therefor. TIME FOR COMPLETION AND LIQUIDATED DAMAGES: Bidder hereby agrees to commence work under this contract within 10 days of receipt of the Notice to Bid 1 Proceed and to fully complete the project within 120 consecutive calendar days after the date of the Notice to Proceed. Bidder also agrees to pay $100.00/day as liquidated damages for each consecutive calendar day thereafter as hereinafter provided in the General Conditions. ADDENDA: Bidder acknowledges receipt of the following Addenda: Addendum No. Date: Addendum No. Date: Addendum No. Date: ITEMS l7ESCRIiPTt®N t2[tAN UNtT UNIT TOTAL 1 Mobilization LS 1 2 8" PVC Sanitary Sewer Line LF 2965 3 4' Diameter Sanitary Sewer Manhole EA 15 4 24" Diameter Bore and Jack/carrier pipe LF 230 5 Concrete Piers EA 2 6 Long Span Ductile Iron Pipe LF 40 7 4" Sanitary Sewer Stub -Out EA 8 8 Rock Excavation CY 100 9 Select Backfill CY 100 10 CABC (Drive Repair) LF 60 11 2" 1-2 (Road Repair) SY 200 12 4" HB (Road Repair) SY 150 13 Asphalt Overlay (1-2 for Drive Repair) LF 125 TOTAL,_. The above unit prices shall include all costs for furnishing materials and labor complete each item including all sales tax, labor cost, material cost, and cost of miscellaneous items. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The Bidder agrees that this Bid shall be good and may not be withdrawn for a period of 60 calendar days after the scheduled closed time for receiving bids. Bid 2 Upon receipt of written notice of the acceptance of this Bid, Bidder will execute the formal Agreement attached within 10 days. Surety Bonds will be required for this project. The undersigned declares that his firm is (delete those not acceptable): A corporation organized and existing under the laws of the State of A partnership consisting of The undersigned declares that the person or person signing this proposal is fully authorized to sign the proposal on behalf of the firm listed and to fully bind the firm listed to all the conditions and provisions thereof. It is agreed that no person or persons or company other than the firm listed below or as otherwise indicated hereinafter has any interest whatsoever in this proposal or the contract that may be entered into as a result thereof, and that in all respects the proposal is legal and fair, submitted in good faith, without collusion or fraud. (SEAL - if bid is by a Corporation) NC General Contractor's License No. Bid 3 Respectfully Submitted: CONTRACTOR Title Address BID BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE, THE UNDERSIGNED, as Principal, and as Surety, are hereby held and firmly bound unto the Town of Robbinsville as Owner in the penal sum of (5% of Bid) for the payment of which, well and truly to be made, were hereby jointly and severally bind ourselves, successors and assigns. Signed, this day of .2000. The condition of the above obligation is such that whereas the Principal has submitted to the Town of Robbinsville a certain BID, attached hereto and hereby made a part hereof to enter into a contract in writing for the project entitled US129 North (Tapoco Road) Sewer Extension Town of Robbinsville Graham County, North Carolina NOW THEREFORE, (a) If said BID shall be rejected, or (b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set froth above. BB-1 Principal Surety By: IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. BB-2 NOTICE OF AWARD TO: Project Description: US129 North (Tapoco Road) Sewer Extension The Owner has considered the Bid Proposal submitted by you for the above described Project in response to its receipt of Bids on 2000, and the Instruction to Bidders. You are hereby notified that your Bid Proposal has been accepted in the amount of (words) (numbers) You are required by the Instructions to Bidders to execute the Agreement and furnish the required Contractor's Performance Bond, Payment Bonds and Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds with ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your Bid Proposal as abandoned and as a forfeiture of your Bid Proposal. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. t Dated this day of 12000 TOWN OF ROBBINSVILLE OWNER BY: TITLE: ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged this day of , 2000. CONTRACTOR BY: TITLE: NA-1 AGREEMENT This Agreement, made and entered into this day of , 2000, by and between the Town of Robbinsville, party of the first part, hereinafter designated as the Owner and of County of the State of North Carolina, party of the second part, hereinafter designated as the Contractor. WITNESSETH: That the parties hereto, for the considerations contained herein, hereby mutually agree as follows: US1.29 North (Tapoco Road) Sewer Extension Town of Robbinsville Graham County, North Carolina ARTICLE I: Under this Agreement and Contract, the Contractor shall construct the Project entitled: ARTICLE II: In consideration of the payments to be made as hereinafter provided, the Contractor agrees, at his own sole cost and expense, to perform all the labor and services and to furnish all the labor and materials, plant and equipment necessary to complete, and to complete in good, substantial, workmanlike and approved manner, the work named under Article I hereof, within the time hereinafter specified and in accordance with the terms, conditions and provisions of this Contract and with the instructions, orders and directions of the Engineer made in accordance with this Contract. ARTICLE III: The Owner agrees to pay and the Contractor agrees to accept as full compensation for all work done, and materials furnished, and for materials, equipment and supplies sold, and also for all costs and expenses incurred, and loss or damages sustained by reason of the action of the elements or growing out of the nature of the work, or from any unforeseen obstruction or difficulty encountered in the prosecution of the work, and for all risks of every description connected with the work, and for all expenses incurred by, or in consequence of, the suspension or discontinuance of the work as herein specified, and for faithfully completing the work and the whole thereof as herein provided, and for maintaining the work in good condition until the final payment is made, the prices stipulated in the Bid hereto attached. The Owner shall pay to the contractor for the performance of the contract the amounts determined for the total number of each of the units of work in the attached Bid Proposal. AG-1 The final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. ARTICLE IV: The following documents shall constitute integral parts of the Agreement, the whole to be collectively known and referred to as the Contract Documents or Contract: Invitation for Bids; Instructions to Bidders; Bid; Agreement; General Conditions; Special Conditions; Technical Specifications; Contract Drawings and all interpretations of or addenda to the Contract Documents issued by the Engineer with the approval of the Owner. The Table of Contents, Headings and Titles contained herein and in said documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light on the interpretation of the provisions to which they refer. ARTICLE V: The work to be performed under this Contract shall be commenced within 10 calendar days after the date of written notice by the Owner to the Contractor to proceed. The work shall be completed within 120 calendar days after the date of such notice and with such extensions of time as are provided for in the Contract. It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of Beginning, rate of progress and the time for completion of the work to be done hereunder as ESSENTIAL CONDITIONS of this Contract. The Contractor agrees that said work shall be prosecuted regularly, diligently and uninterruptedly at such rate of progress as will insure full completion of the work described herein in a reasonable time for the completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. If the Contractor shall neglect, fail or refuse to complete the work within the time herein specified, then the Contractor does hereby agree, as a part of the consideration for the awarding of this Contract to pay to the Owner the sum of $100.00, not as a penalty, but as liquidated damages for such breach of Contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contract For completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event, sustain. It is further agreed that time is of the essence to each and every portion of this Contract and to the specifications wherein a definite portion and certain length of time is fixed for the performance of any act whatsoever; and where, under the Contract, any additional AG-2 6 time is allowed for the completion of any work, the new time limit fixed by such extension shall be the essence of this Contract. ARTICLE VI - If the Contractor shall fail to comply with any of the terms, conditions, provisions or stipulations of this Contract, according to the true intent and meaning thereof, then the Owner may make use of any or all remedies provided in that behalf in the Contract and shall have the right and power to proceed in accordance with the provisions thereof. The following alterations and addenda have been made and included in this Contract before it was signed by the parties hereto: IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals and have executed this Agreement, the day and year first above written. TOWN OF ROBBINSVILLE (Seal) OWNER Attest: BY: TITLE: (Seal) CONTRACTOR Attest: BY: TITLE: AG-3 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) a , hereinafter called Principal, and (Corporation, Partnership, Individual) (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto Town of Robbinsville (Name of Owner) P.O. Box 126, Robbinsville, North Carolina 28771 (Address of Owner) hereinafter called OWNER, in the penal sum of /100 Dollars, $ ( ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas, the Principal entered into a certain contract with the Owner, dated the day of , 2000, a copy of which is hereto attached and made a part hereof for the construction of: US129 North (Tapoco Road) Sewer Extension Town of Robbinsville Graham County, North Carolina PAB-1 Ej NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder or the Specifications accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the Contractor shall abridge the right f any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in 4 counterparts, each one of which shall be deemed an original, this the day of , 2000. ATTEST: (Principal) Secretary (SEAL) Witness as to Principal (Address) Principal Address PAB-2 ATTEST: (Surety) Secretary SEAL Witness as to Surety ,I, (Address) Surety Attorney -in -Fact (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the Project is located. PAB-3 I PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that a (Name of Contractor) (Address of Contractor) hereinafter called Principal, and (Corporation, Partnership, Individual) (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto y° Town of Robbinsville (Name of Owner) P.O. Box 126, Robbinsville, North Carolina, 28771 (Address of Owner) hereinafter called OWNER, in the penal sum of - /100 Dollars. $ in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas, the Principal entered into a certain contract with the Owner, dated the day of , 2000, a copy of which is hereto attached and made a part hereof for the construction of: US129 North (Tapoco Road) Sewer Extension Town of Robbinsville Graham County, North Carolina PEB -1 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to Work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original, this the day of 12000. ATTEST: (Principal) Secretary Principal (SEAL) BY: Address Witness as to Principal (Address) PEB -2 ATTEST: (Surety) Secretary SEAL BY: Witness as to Surety (Address) Surety Attorney -in -Fact (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the Project is located. PEB -3 INSURANCE CERTIFICATES IC-1 i NOTICE TO PROCEED TO: DATE: PROJECT: US129 North (Tapoco Road) Sewer Extension Town of Robbinsville Graham County, North Carolina You are hereby notified to commence WORK in accordance with the Agreement dated 2000, on'or before , 2000, and you are to complete the Work within 120 consecutive calendar days thereafter. The date of completion of all Work is therefore , 2000. BY: TITLE: ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by this the day of 12000, CONTRACTOR BY: TITLE: TOWN OF ROBBINSVILLE OWNER NP-1 1 APPLICATION FOR PAYMENT PROJECT: US129 North (Tapoco Road) Sewer Extension Town of Robbinsville Date Notice Proceed: Graham County, North Carolina Completion Date: Days Remaining in Contract: Percent Complete: ENGINEER: McGill Associates, P.A. Asheville, North Carolina CONTRACTOR: Contractor's Address: CONTRACT: SUMMARY: SIGNATURES: CONTRACTOR: ORIGINAL CONTRACT AMOUNT APPROVED CHANGE ORDER AMOUNT REVISED CONTRACT AMOUNT TOTAL WORK COMPLETED TO DATE TOTAL MATERIALS STORED ON SITE TOTAL EARNED THIS APPLICATION LESS % RETAINAGE SUBTOTAL LESS PREVIOUS PAYMENTS CURRENT PAYMENT DUE Federal ID # Name Title Date VERIFICATION: IN ACCORDANCE WITH THE CONTRACT AND THIS APPLICATION FOR PAYMENT, THE CONTRACTOR HAS COMPLETED THE WORK STATED ABOVE AND IS ENTITLED THE FULL PAYMENT IN THE AMOUNT SHOWN. ENGINEER: McGill Associates, P.A. Name Title APPROVAL: THIS APPLICATION IS HEREBY APPROVED FOR PAYMENT: OWNER: Town of Robbinsville Name Title Date Date AP-1 CHANGE ORDER Number PROJECT: US 129 North (Tapoco Road) DATE OF ISSUANCE: Sewer Extension OWNER'S PROJECT NO. OWNER: Town of Robbinsville P.O. Box 126 ENGINEER: McGill Associates, P.A. Robbinsville, North Carolina 28771 55 Broad Street Asheville, NC 28801 CONTRACTOR: ENGINEER'S PROJECT NO. 99710/003 CONTRACT FOR: You are directed to make the following changes in the Contract Documents. Description: Purpose of Change Order: Attachments (List documents supporting change): CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time $ Days or Date Previous Change Order No._ to No._ Net Change From Previous Change Orders $ Days Contract Price Prior to This Change Order Contract Time Prior to This Change Order $ Days or Date Net Increase (Decrease) of This Change Order Net Increase (Decrease) of This Change Order $ Days Contract Price With All Approved Change Orders Contract Time With All Approved Change Orders $ Days or Date RECOMMENDED: APPROVED: APPROVED: BY: BY: BY: Engineer Owner Contractor EJCDC No. 1910-8-B (1983 Edition) Prepared by the Engineers' Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. 1999/99710/misc/ChgOrd.doc 1 r11S QOGUmCnI 11UN 1111PUl talll Mrdl wtLJcyuGul,c J: wuJwlauvu wlui all a%w,...j .a .,...vw wb..0 ...... i 1Il respect to its completion or modification. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by Engineers Joint Contract Documents Committee -and Issued and Published Jointly By ow ACEC 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 These General Conditions have been prepared for use wiih the Owner -Contractor Agreements (No. 1910-8-A-1 or 1910-8-A-2) (1990 Editions). Their provisions are interrelated and a change in one may necessitate a change in the others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering Services and Contract Documents (No. 1910-9) (1986 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1990 Edition). When bidding is involved, the Standard Form of Instructions to Bidders (No. 1910-12) (1990 Edition) may be used. EDCDC No. 1910-8 (1990 Edition).. Reprinted 7/95 TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Page. Number & Title Number 1. DEFINITIONS ................................... 13 1.1 Addenda ............................. 13 1.2.. Agreement ........................... 13 1.3 Application for Payment .............. 13 1.4:" Asbestos ............................. 13 1.5 Bid ................................... 13 1.6 ` Bidding Documents ................... 13 1.7 Bidding Requirements ................ 13 1.8. '• .Bonds ................................ 13 1.9 Change Order ........................ 13. 1.10 Contract Documents .................. 13 1.11 Contract Price ........................ 13 1.12 Contract Times ........................ 13 1.13 CONTRACTOR ...................... 13 1.14 ,' defective ............................. 13 1.15 i. Drawings ............................. 13 1.16 Effective Date of the Agreement ...... 13 1.17 '; ENGINEER .........................: 13 1.18 ENGINEEWs Consultant ............. . 13 .: 1.19._ Field Order ..........................." 13. :: General Requirements ................. 14 .1.20 1.21 , .. Hazardous Waste ..................... . 14. 1.22 " Laws and Regulations; Laws or :..... Regulations ......................:. 14 . 1.23 :.. Liens .... :............................ 14 1.24 • ::` Milestone ............................. .: ' 14 1.25 _ ." Notice of Award ...................... . 14 :. ::'.° `;: , Notice to Proceed ..................... 14 " . .1.26 ..1.27 " . -..... OWNER ............................. :. 14 1.28 . ` .. Partial Utilization ..................... 14 1.29 .:'.*PCBs ................................. 14 1.30 "..::-. Petroleum ............................. 14 1.31 ....";' Project................................•...14 1.32. = Radioactive Material .................. J 14 " 1.33 Resident Project Representative ........ 14 .1.34 Samples. .............................. 14 1.35 Shop Drawings ....................... 14 1.36 Specifications ......................... 14 1.37 Subcontractor ........................ 14 ' 1.38 Substantial Completion ............... " 14 1.39 Supplementary Conditions ............ 14 1.40 Supplier .............................. 14 1.41 Underground Facilities ................ 14 1.42 Unit Price Work ............ : ......... 14 1.43 Work ................................. 15 1.44 Work Change Directive ............... 15 1.45 Written Amendment .................. 15 2. PRELIMINARY MATTERS ........................ 15 2.1 Delivery of Bonds ..................... 15 2.2 Copies of Documents ................. 15 2.3 Commencement of Contract Times; Notice to Proceed .................. 15 2.4 Starting the Work ..................... 15 Article or Paragraph Number & Title 2.5-2.7 Before Starting Construction; t CONTRACTOR's Responsibility to Report: Preliminary Schedules; Delivery of Certificates of Page Number Insurance.......................... 2.8 Preconstruction Conference ........... 2.9 ' Initially Acceptable Schedules ......... 3. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ............................ 3.1-3.2 Intent ................................ 3.3 Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies ...................... 3.4 Intent of Certain Terms or Adjectives .. 3.5 Amending Contract Documents ....... 3.6 Supplementing Contract Documents ... 3.7 ... Reuse of Documents .................. '4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICALCONDITIONS; REFERENCE POINTS. 4.1 Availability of Lands .................. 4.2 : Subsurface and Physical Conditions ... 4.2.1 Reports and Drawings ................ 4.2.2 Limited Reliance by CONTRACTOR Authorized; Technical Data ......... 4.2.3 Notice of Differing Subsurface or Physical Conditions ................. : 4.2.4 : ENGINEER's Review ................ 4.2.5 Possible Contract Documents Change . ` 4.2.6 Possible Price and Times Adjustments . 4.3. Physical Conditions -Underground Facilities ........................... : 4.3.1 Shown or Indicated ................... 4.3.2 Not Shown or Indicated .............. 4.4 Reference Points ....................... 4.5 Asbestos, PCBs, Petroleum: Hazardous Waste or Radioactive Material ...... i 5. BONDS AND INSURANCE. ..................... 5.1-5.2 Performance, Payment and Other Bonds . 5.3 Licensed Sureties and Insurers; Certificates of Insurance ............ 5.4 CONTRACTOR's Liability Insurance . 5.5 OWNER's Liability Insurance ........ 5.6 Property Insurance ................... 5.7 Boiler and Machinery or Additional Property Insurance ................. 5.8 Notice of Cancellation Provisions ..... 5.9 CONTRACTOR's Responsibility for Deductible Amounts ................ 5.10 Other Special Insurance ............... 5.11 Waiver of Rights ....................:. 15 15 16 16 16 16 17 17 17 17 17 17 17 17 18 18 18 18 18 18 18 19 19 19 20 20 20 20 21 21 21 21 22 22 22 - Article or Paragraph Page Number 'Number & Title 5.12-5.13 Receipt and Application of Insurance 22 Proceeds •....... 5.14 Acceptance of Bonds and Insurance; 22 Option to Replace ........••••••••• 5.15 partial Utilization -Property 23 Insurance•••••.... " " Page Article or Paragraph Number Number & Title 29 8.6 Change Orders • • • • . A' ..royals . ... • 29 8.7 Inspections, Tests an pp Suspend Work; Terminate 8.8 Stop or CONTRACTOR'S Services ......... 8.9 Limitations on OWNER's Responsibilities ..................... Asbestos, PCBs, Petroleum, Hazardous 8.10 Waste or Radioactive Material ...... 8.11 . Evidence of Financial Arrangements . • 6. CONTRACTOR'S RESPONSIBILITIES .......... 23 6.1-6.2 Supervision and Superintendence ...... 23 6.3-6.5 Labor, Materials and Equipment ...... 23 6.6 Progress Schedule .••••••• .......�� .. 6.7 Items; Substitutes and "Or -Equal ; CONTRACTOR's Expense; Substitute Construction Methods or Procedures; . ENGINEER'S Evaluation .......... 23 6.8-6.11 Conceming Subcontractors, Suppliers 24 Others; Waiver of Rights ... ... and 25 Patent Fees and Royalties ..........:.. 6.12 25 . 6.13 Permits .... 25 6.14 - Laws and Regulations ................ 25 6.15 Taxes................................. 2 6.16 . . 26 Use of Premises ......................6.17 Site Cleanliness ....................... . 26 6.18 Safe Structural Loading ............... 26 6.19 �� Record Documents ................... 26 6.20:' Safety and Protection .........•......•.. 26 6.21 .. Safety Representative ............... 27 6 22` Hazard Communication Programs . • ... 27 Emergencies ................. • " " "' .. �27 � . Drawings and Samples .......... 6.24 ;. Shop 6.25 '.:. ..: - : Submittal Procedures; CONTRACTTOR's Review Prior to Shop Drawing or Sample Submittal 616 Shop Drawing & Sample Submittals - 27 Review by ENGINEER .........: J 6.27 Responsibility for Variation From 27 Contract Documents ................ 6.28 Related Work Performed Prior to ENGINEER's Review and Approval of Required Submittals ............. 27 6.29 Continuing the Work ...... ..... • • • • - 28 CONTRACTOWs General 6.30 Warranty and Guarantee .........•.• 28 28 6.31-6.33 Indemnification ....................... 28 6.34 Survival of Obligations ................ 29 7. OTHER WORK •""""" 7.1-7.3 Related Work at Site .................. 7.4 Coordination OWNER'S RESPONSIBILITIES ................. 29 8. 9.1 29 Communications to Contractor ........ 29 Replacement of ENGINEER • •Wh 8.2 Furnish Data and Pay Promptly When 8.3 Due................................ Lands and Easements; Reports and 8.4 Tests ............... 8.5 Insurance ............................. ENGINEER'S STATUS DURING 9. '... . . CONSTRUCTION • "' 9.1 OWNER's Representative ............ 9,2 Visits to Site ........................ • 9.3 Project Representative ..............: 9.4 Clarifications and Interpretations ..... Authorized Variations in Work ....... . 9.5 9.6 Rejecting Defective Work ............. 9.7-9.9 Shop Drawings, Change Orders add Payments.................. Determinations for Unit Prices • 9.10 9.11-9.12 Ea Decisions on Disputes; ENGINEER R as Initial Interpreter . ................ 9.13 Limitations on ENGINEEWs Authority and Responsibilities ...... 29 29 29 29 30 30 30 30 30 30 30 30 30 30 31 31 31 31 WORK . ....... 10. CHANGES IN THE ••••••••••"' 32 32 10.1 OWNER Ordered Change ............ 32 10.2 Claim for Adjustment •....... 10.3 Work Not Required by Contract 32 Documents ... "' 10.4 Change Orders 32 10.5 Notification of Surety ................ 11. CHANGE OF CONTRACT PRICE .............. 32 11.1-11.3 Contract Price; Claim for Adjustment; 32 Value of the Work ................. 33 11.4 Cost of the Work ............••.••••• to Cost of the Work ....... 34 11.5 11.6. Exclusions CONTRACTTOR's Fee :............... 34 • 34 11.7 Cost Records ........ • • • • • • """', 35 11.8 Cash Allowances ... • • ........ • • " " ".11.9 35 Unit Price Work ... • 12. CHANGE OF CONTRACT TIMES ......... • • :.. 35 35 Claim for Adjustment ................. 35 12.2 Time of the Essence .............,,,, , CONTRACTOWs...... 12.3 Delays Beyond 35 Control• • • • • ' .............. Delays Beyond OWNER's and 12.4 CONTRACTOR'S Control ........ ,. 35 13. REMOVAL OR CORRECTION,STS AND INSPECTIONS; ACCEPTANCE OF DEFECTIVE WORK• • • .................... Notice of Defects . . • ... - . • . • • • .. . 13.2 Access to the Work ............. • 13.3 Tests and Inspections; Contractor's Cooperation ........................ 36 36 36 36 2 Article or Paragraph Number & Title Nu 13.4 ` ' OWNER's Responsibilities; Independent Testing Laboratory• ..... 13.5 CONTRACTOR's Responsibilities ..... 13.6-13.7 . CoveringWork Prior to Inspection, Testing or Approval ................ 13.8-13.9 Uncovering Work at ENGINEER's ' 13:10:: Request............................ OWNER May Stop the Work ......... :.13:11 .. Correction or Removal of Defective Work. ...................... `.13.12 Correction Period ..................... 13.13- Acceptance of Defective Work........ 13.14 OWNER May Correct Defective Work............................... 14. PAYMENTS TO CONTRACTOR AND Page mber 36 36 36 36 36 37 37 37 COMPLETION :................................ 37 14.1 `. Schedule of Values ...:................. 37 _ 14.2 'Application for Progress Payment ...... 38 14.3 .` CONTRACTOR's Warranty of Title ... 38 . 14.4-14.7 . Review of Applications for :. Progress Payments ................... 38 14.8-14.9 Substantial Completion ...............:: 39 ' . M.10 Partial Utilization ........................ 39 14.11 Final Inspection .....:................. 39 Article or Paragraph Page Number & Title Number 14.12 Final Application for Payment ......... 40 14.13-14.14 Final Payment and Acceptance ........ 40 14.15 Waiver of Claims ..................... 40 15. SUSPENSION OF WORK AND TERMINATION ................................: 40 15.1 OWNER May Suspend Work ......... 40 15.2-15.4 OWNER May Terminate .............. 40 15.5 - CONTRACTOR May Stop Work or Terminate.......................... 41 16. DISPUTE RESOLUTION ...:................... 41 17. MISCELLANEOUS ............................. 42 ' 17.1 Giving Notice ........................ . 42 17.2 Computation of Times ................ 42 17.3 Notice .of Claim ....................... . 42 17.4 -Cumulative Remedies .........:....... 42 17.5 Professional Fees and Court Costs Included........................... 42 EXHIBIT GC -A (Optional): Dispute Resolution Agreement (Optional) ..... GC -Al . ............. .16.1-16.6 Arbitration ........GC-A1.'. 16.7 Mediation ..................... GC-A2 3 INDEX TO GENERAL CONDITIONS Article or Paragraph . • Number Acceptance of - Bondsand Insurance ................................ 5.14 defective Work ....................... 10.4.1,13.13, 13.15 final payment ................................. 9.12, 14.15 insurance........................................... 5.14 other'Work, by CONTRACTOR ...................... 7.3 Substitutes and "Or -Equal" Items .................. 6.7.1 Work by OWNER ........................ 2.5, 6.30, 6.34. Access to the - Lands, OWNER and CONTRACTOR • responsibilities ..................................... 4.1 site, related work ................................... 7.2. Work, ................................... 13.2,13.14,14.9 Acts or Omissions-, Acts and Omissions - CONTRACTOR ...:........................ 6.9.1, 9.13.3 ENGINEER ................................ 6.20, 9.13.3 OWNER....................................... 6.20, 8.9 Addenda -definition of (also see definition of Specifications) ........... (1.6, 1.10, 6.19) 1.1 Additional Property Insurances .......................:. 5.7 Adjustments Contract Price or Contract ..Times ......... 1.5, 3.5; 4.1, 4.3.2, 4.5.2, 4.53, 9.4, 9.5, 10.2-10.4, 11, 12, 14.8, 15.1 progressschedule .................................... 6.6 . Agreement - definition of ................... :.............. ........ 1.2 All risk Insurance, policy form ........................ 5.6.2 Allowances, Cash ..................................... 11.8 Amending,Contract Documents' ................:..... ... 3.5. Amendment, Written - in general .... 1.10, 1.45, 3.5, 5.10, 5.12, 6.6.2, 6.8.2, 6.19, 10.1, 10.4, 11.2, 12.1, 13.12.2,14.7.2 Appeal,`OWNER or CONTRACTOR intent to ...................... 9.1019.11, 10.4,16.2,16.5 Application for- Payment - definitionof ........................................... 1.3 ENGINEER's Responsibility ......................... 9.9 final payment .................. 9.13.4, 9.13.5, 14.12-14.15 in general ....................... 2.8, 2.9, 5.6.4,9.10, 15.5 progresspayment .......................... - * * 14.1, 14.7 review of ................................ 14.4-14.7 Arbitration (Optional) ............................. 16.1-16.6 Asbestos - claims pursuant thereto .......... ........... 4.5.2, 4.5.3 CONTRACTOR authorized to stopWork 4.5.2 definition of .......... 1.4 OWNER responsibility for .................... 4.5.1, 8.10 possible price and times change ..................... 4.5.2 Authorized Variations in Work ........... 3.6, 6.25, 6.27, 9.5 Availability of Lands ............................:.: 4.1, 8.4 Award, Notice of -defined ............................ 1.25 Before Starting Construction ......................... 2.5-2.8 Bid -definition of ........................................ 1.5 (1.1, 1.10, 2.3. 3.3, 4.22.6.4, 6.13. 11.4.3, 11.9.1) Article or Paragraph Number Bidding pocuments-definition of ................ 1.6(6.8.2) Bidding Requirements -definitions of ...... 1.7 (1.1, 4.2.6.2) Bonds - acceptanceof.......................................5.14 additional bonds ........................... 10.5,11.4.5.9 Cost of the Work .................................. 11.5.4 definitionof .......................................... 1.8 deliveryof ...................................... 2.1.5.1 final application for payment ................. 14.12-14.14 gerier-J ...............1.10, 5.1-5.3, 5.13, 9.13,10.5, 14.7.6 performance, Payment and Other ................. 5.1-5.2 Bondsand Insurance -in general ......................... 5 Builder's risk "all-risk" policy form ................... 5.6.2 Cancellation Provisions, Insurance ........ 5.4.11., 5.8.5.15 Cash Allowances :.................................. 11.8 .... Certificate of Substantial Completion ......... r.38, 6.30.2.3, 14.8, 14.10 Certificates of Inspection ................ 9.13.4, 13.5, 14.12 Certificates of Insurance .. 2.7, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8, ....................................... 5.14, 9.13.4, 14.12 Change in Contract Price - Cash Allowances •.--.... 11.8 claim for price adjustment ..... 4.1, 4.2.6, 4.5,5.15, 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 11.2, 13.9, 13.13, 13.14, 15.1, 15.5 CONTRACTOR's fee .................................. 11.6 Cost of the'Work , general...................................... 11.4-11.7 Exclusionsto ....................................... 11.5 CostRecords ....................................... 11.7 in general .............. 1.19, 1.44, 9.11, 10.4.2, 10.4.3. 11 LumpSum Pricing ................................. 11.3.2 Notification of Surety ................................ 10.5 Scope of ...................... 103-10.4 Testing and Inspection, Uncovering the Work ........ 13.9 UnitPrice Work....................................11.9 Value of Work .... 11.3 Change in Contract Times- , Claim for times adjustment .... 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4,9.5,9.11,10.2,10.5,12.1,13.9,13.13, 13.14, 14.7, 15.1, 15.5 Contractual time limits .............................. 12.2 Delays beyond CONTRACTOR's control ............ 12.3 Delays beyond OWNER's and CONTRACTOR's con- trol ............ 12.4 Notification of surety • ............................... 10.5 Scopeof change ................................ 10.3-10.4 Change Orders - Acceptance of Defective Work ...........:......... 13.13 Amending Contract Documents ...................... 3.5 CashAllowances .................................... Change of Contract Price ........... . ................. 11.8 11 Change of Contract Times .............................12 Changesin the Work .................................. CONTRACTOR's fee ............................... 10 11.6 Cost of the Work .................... ...... •. •. • 11.4-11'7 Article or Paragraph Number Article or Paragraph Number CostRecords ....................................... 11.7 definition of .......................................... 1.9 emergencies........................................ 6.23 ENGINEER's responsibility ......... 9.8; 10.4, 11.2, 12.1 execution of ........................................ 10.4 Indemnification ..................... 6.12, 6.16, 6.31, 6.33 Insurance, Bonds and ................... 5.10, 5.13, 10.5 OWNER may terminate ........................ 15.2-15.4 OWNER's Responsibility ....................... 8.6, 10.4 Physical Conditions - Subsurfaceand......................................4.2 Underground Facilities...........................4.3.2 RecordDocuments ................................. 6.19 Scope of Change ..............•................. 10.3-10.4 Substitutes ................................... 6.7.3, 6.8.2 Unit Price Work .......................... :......... 11.9 value of Work, covered by .......................... 11.3 Changes in the Work....................................10 Notification of surety ............................... 10.5 OWNER's and CONTRACTOR's responsibilities .... 10.4 Right to an adjustment .....................:.......... 10.2 Scope of change ..................... :.......... 10.3-10.4 Claims- ' against CONTRACTOR.......................:...:..6.16 against ENGINEER ................................. 6.32 against OWNER .................................:.. 6.32 Change of Contract Price ....................... 9.4, 11.2 Change of Contract Times ......................9.4, 12.1 CONTRACTOR's 4, 7.1, 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1, 14.8, 15.1, 15.5, 17.3 CONTRACTOR's Fee .............................. 11.6 CONTRACTOWs liability ............ 5.4, 6.12, 6.16, 6.31 Cost of the Work ............................... 11.4, 11.5 Decisions on Disputes ...................:...... 9.11, 9.12 Dispute Resolution ................ ..............:... 16.1 Dispute. Resolution Agreement .................. 16.1-16.6 ENGINEER as initial interpretor ...................: 9.11 LumpSum Pricing ................................ 11.3.2 Noticeof ............................................ 17.3 OWNER's ........... 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1, 13.9, 13.13, 13.14, 17.3 OWNER's liability ................................... 5.5 OWNER may refuse to make payment .............. 14.7 Professional Fees and Court Costs Included ........... 17.5 request for formal decision on ....................... 9.11 Substitute items .................................. 6.7.1.2 TimeExtension ......................... :............ 12.1 Time requirements ............................ 9.11, 12.1 Unit Price Work ................................... 11.9.3 Valueof ............................................ 11.3 Waiver of -on Final Payment ................ 14.14, 14.15 Work Change Directive .............................. 10.2 written notice required ................... 9.11, 11.2, 12.1 Clarifications and Interpretations ............ 3.6.3, 9.4, 9.11 CleanSite ..... .................:..........:........... 6.17 Codes of Technical Society, Organization or I . Association..............................:....... 3.3.3 Commencement of Contract Times ..................... 2.3 Communications - general.................................... 6.2, 6.9.2, 8.1 Hazard Communication Programs ................... 6.22 Completion - Final Application for Payment ...................... 14.12 Final Inspection ................................... 14.11 Final Payment and Acceptance ............... 14.13-14.14 Partial Utilization .................................. 14.10 Substantial Completion ................... 1.38, 14.8-14.9 Waiver of Claims .................................. 14.15 Computation of Times ........................ 17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others ............................ 6.8-6.11 Conferences - initially acceptable schedules ......................... 2.9 'preconstruction...................................... 2.8 Conflict, Error, Ambiguity, Discrepancy - CONTRACTOR to Report ..................... 2.5, 3.3.2 Construction, before starting by CONTRACTOR..... 2.5-2.7 Construction Machinery, Equipment, etc ................ 6.4 Continuing the Work .............................. 6.29, 10.4 Contract Documents - Amending........................................... 3.5 Bonds............................................... 5.1 CashAllowances ................................... 11.8 Change of Contract Price ...:......................... I 1 Change of Contract Times .............................. 12 Changes in the Work ........................... 10.4-10.5 checkand verify ..................................... 2.5 Clarifications and Interpretations ....... 3.2, 3.6, 9.4, 9.11 definition of ........................................ 1.10 ENGINEER as initial interpreter of ................. 9.11 ENGINEER as OWNER's representative ............ 9.1 general................................................ 3 Insurance............................................ 5.3 Intent............................................ 3.1-3.4 minor variations in the Work ......................... 3.6 OWNER's responsibility to furnish data .............. 8.3 OWNER's responsibility to make prompt payment ........................ 8.3, 14.4, 14.13 precedence.................................... 3.1,3.3.3 RecordDocuments...................i............. 6.19 Reference to Standards and Specifications of Technical Societies .............................. 3.3 RelatedWork ........................................ 7.2 Reporting and Resolving Discrepancies ........... 2.5, 3.3 Reuseof ............................................. 3.7 Supplementing....................................... 3.6 Termination of ENGINEER's Employment ........... 8.2 Unit Price Work .................................... 11.9 variations ................................. 3.6, 6.23, 6.27 Visits to Site, ENGINEER's ......................... 9.2 Contract Price - adjustment of ................ 3.5, 4.1, 9.4, 10.3, 11.2-11.3 Changeof ............................................ 11 Decision on Disputes ............................•... 9.11 definition of ........................................ 1.11 Contract Times - adjustment of ...................... 3.5, 4.1, 9.4, 10.3, 12 Changeof............. .......................... 12.1-12.4 Article or Paragraph Number Article or Paragraph Number .........................:.2.3 Commencement of ........ definitionof ........................................ 1.12 CONTRACTOR - Acceptance of Insurance............................5.14 Limited Reliance on Technical Data Authorized ..... 4.2.2 Communications............................... 6.2, 6.9.2 Continue Work ................................ 6.29, 10.4 coordination and scheduling........... .............. 6.9.2 definition of................................. 1.13 �- May Stop''Work or Terminate ....................... 15.5 provide site access to others .................... 7.2,13.2 Safety and Protection ....... 4.3.1.2, 6.16, 6.18, 6.21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal. 6.25 StopWork requirements ........................... 4.5.2 CONTRACTOR's- Compensation.................................. 11.1-11.2 Continuing Obligation .............................. 14.15 DefectiveNork .......................... 9.6, 13.10-13.14 Duty to correct defective Work .....................13.11 Duty to Report - Changes in the Work caused by Emergency .........:::.. 6.23 ......................... befects in Work of Others ....................... .7.3 Differing conditions..............................4.2.3 Discrepancy in Documents ........... 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated .............. .... 4.3.2 Emergencies ................... 6.23 Equipment and Machinery Rental, Cost -: of the Work ................................... 11.4.5.3 `sF -LCost-Plus ..................... 11.4.5.6, 11.5.1,11.6 General Warranty and Guarantee .................... 6.30 Hazard Communication Programs .......... ......... 6.22 nification ...................... 6.12, 6.16, 6.31-6.33 Indeiri Inspection of the Work ......................... 7.3, 13.4, Labor; Materials and Equipment .................. 6.3-6.5 Laws and Regulations, Compliance by ............. 6:14.1 Liability Insurance...................................5.4 Notice of Intent to Appeal ..................... 9.10, 10.4 obligation to perform and complete the Work ........ 6.30 Patent Fees and Royalties, paid for by ............... 6.12 Performanceand Other Bonds ........................ 5.1 Permits, obtained and paid for by .................... 6.13 Progress Schedule ..... 2.6, 2.8. 2.9, 6.6, 6.29, 10.4. 15.2. Request for formal decision on disputes .......... Responsibilities - Changes in the Work • • • • • • • • •' 10.1 Concerning Subcontractors, Suppliers and Others . 6.8- 6.11 Continuing the Work ........................ 6.29, 10.4 CONTRACTOR's expense ....................... 6.7.1 CONTRACTOR's General. Warranty and Guaran- tee...............................................6.30 CONTRACTOR's review prior to Shop Drawing or Sam- ple submittal .. ................: ....... 6.25 . ... Coordination of Work .............................. 6.9.2 Emergencies.....................................6.23 ENGINEER's evaluation, Substitutes • or "Or -Equal" Items .......................... 6.7:3 For Acts and Omissions of Others ..... 6.9.1-6.9.2, 9.13 for deductible amounts, insurance .................. 5.9 general ................................. 6, 7.2,7.3, 8.9 Hazardous Communication Programs ............. 6.22 Indemnification..............................6.31-6.33 Labor, Materials and Equipment ................ 6.3-6.5 Laws and Regulations ............................ 6.14 Liability Insurance . ...... 5.4 .......................... Notice of variation from Contract Documents ..... 6.27 Patent Fees and Royalties ......................... 6.12 Permits........................................... 6.13 ProgressSchedule ................................. 6.6 RecordDocuments ................... 6.19 e............lated Work performed prior to ENGINEER's approval of required submittals ................. 6.28 safe structural loading ............................ 6.18 Safety and Protection ................... 6.20, 7.2, 13.2 Safety Representative ..................••.• 621 Scheduling the Work ............................. 6.9.2 Shop Drawings and Samples ...................... 6.24 Shop Drawings and Samples Review by ENGINEER ........ 6.26 ........................ Site Cleanliness ............ 6.17 ....................... Submittal Procedures ............................. 6.25 Substitute Construction Methods and • 6.7 2 Procedures................................... 6.7.1 Substitutes and "Or -Equal" Items ......................... ...... •••• " " ' 6.2 Superintendence ..........• Supervision.................................. 6.1 Survival of Obligations 6.34 ............................ Taxes. ............................. ............. 6.15 Tests and Inspections ............................. 13.5 To Report ..................................18, 6.30 2.4 Use of Premises ................... 6.16 6 Review Prior to Shop Drawing or Sample Submittal .. 6.25 Right to adjustment for changes in the Work ......... 10.2 right to claim .. 4, 7.1, 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1, 13.9, 14.8. 15.1, 15.5, 17.3 Safety and Protection .................. 6.20-6.22, 7.2, 13.2 Safety Representative ............................... 6.21 Shop Drawings and Samples Submittals :......... 6.24-6.28 Special Consultants ............................... 11.4.4 Substitute Construction Methods and Procedures ..... 6.7 Substitutes and "Or -Equal" Items, Expense .. 6.7.1, 6.7.2 Subcontractors, Suppliers, and Others ............ 6.8-6.11 Supervision and Superintendence ........... 6.1, 6.2, 6.21 Taxes, Payment by .................................. 6.15 Use of Premises ................................ 6.16-6.18 Warranties and guarantees ....................... 6.30, 6.5 Warranty of Title .................. 14.3 Written Notice. Required- CONTRACTOR stop Work or terminate ........... 15.5 Reports of Differing Subsurface and Physical Condi- tions............................................. 4.2.3 Substantial Completion ...... 14.8 CONTRACTORS -other ........... ...................... 7 Contractual Liability Insurance ...................... 5.4.10 Contractual Time Limits .. 12.2 Coordination 6 Article or Paragraph Number Article or Paragraph Number CONTRACTOR's responsibility .................... 6.9.2 Copiesof Documents .................................. 2.2 Correction Period .................................... 13.12 Correction, Removal or Acceptance of Defective Work in general ............................. 10.4.1, 13.10-13.14 Acceptance of Defective Work ..................... 13.13 Correction or Removal of Defective Work ..... 6.30, 13.11 Correction Period .................................. 13.12 -OWNER May Correct Defective Work ............. 13.14 OWNER May Stop Work .......................... 13.10 Cost-. of Tests and Inspections ............................. 13.4 Records............................................ 11.7 Cost of the Work - Bonds and insurance, additional ................. 11.4.5.9 Cash Discounts ................................... 11.4.2 CONTRACTOR's Fee .............................. 11.6 EmployeeExpenses ............................. 11.4.5.1 Exclusionsto ....................................... 11.5 General...........................:............ 11.4-11. Home office and overhead expenses ................. 11.5 Losses and damages ............................. 11.4.5.6 Materials and equipment .......................... 11.4.2 Minorexpenses ................................. I I A.5.8 Payrollcosts on changes .......................... I I A.1 performed by Subcontractors ....................... 11.4.3 Records- ............................................ 11.7 Rentals of construction equipment and machinery . 11.4.5.3 Royalty payments, permits and license fees .... I I A.5.5 Site office and temporary facilities ............... 11.4.5.2 Special Consultants, CONTRACTOR's ............ 11.4.4 Supplemental..................................... 11.4.5 Taxes related to the Work ........................ 11.4.5.4 Tests:and.lnspection................................ 13. Trade Discounts....................................11.4.2 "Utilities; fuel and sanitary facilities ............... 11.4.5.7 Work after regular hours .......................... 11.4.1 Covering Work ...............................:.... 13.6-13.7 Cumulative Remedies ............................ 17.4-17.5 Cutting, fitting and patching ............................ 7.2 Data, to be furnished by OWNER ...................... 8.3 Day -definition of ................................... 17.2.2 Decisions on Disputes ........................... 9.11, 9.12 defective -definition of ................................ 1.14 defective Work - Acceptance of .............................. 10.4.1, 13.13 Correction or Removal of ................... 10.4.1; 13.11 Correction Period .................................. 13.12 in general ................................. 13, 14.7, 14.11 Observation by ENGINEER ......................... 9.2 OWNER May Stop Work .......................... 13.10 Prompt Notice of Defects ........................... 13.1 Rejecting....................................... :.... 9.6 Uncoveringthe Work ............................... 13.8 Definitions............................................... 1 Delays ................................. 4.1, 6.29, 12.3-12.4 Deliveryof Bonds ...................................... 2.1 Delivery of certificates ofinsurance ..................... 23 Determinations for Unit Prices ........................ 9.10 Differing Subsurface or Physical Conditions Noticeof .......................................... 4.2.3 ENGINEER's Review ............ :................ 4.2.4 Possible Contract Documents Change ............... 4.2.5 Possible Price and Times Adjustments ...............4.2.6 Discrepancies -Reporting and Resolving .... 2.5, 3.3.2, 6.14.2 Dispute Resolution - Agreement..................................... 16.1-16.6 Arbitration ..................................... 16.1-16.5 general............................................... 16 Mediation.......................................... 16.6 Dispute Resolution Agreement .................... 16.1-16.6 Disputes, Decisions by ENGINEER .............. 9.11-9.12 Documents- Copiesof............................................2.2 Record............................................. 6.19 Reuseof.............................................3.7 Drawings -definition of ............................... 1.15 Easements.............................................. 4.1 Effective date of Agreement -definition of ............. 1.16 Emergencies.......................................... 6.23 ENGINEER - as initial interpreter on disputes ................. 9.11-9.12 definition of........................................1.17 Limitations on authority and responsibilities..................................9.13 Replacementof ............................... I...... 8.2 Resident Project Representative ..:...................9.3 ENGINEER's Consultant -definition of ...............1.18 ENGINEER's- authority and responsibility, limitations on ...:....... 9.13 Authorized Variations in the Work ...........:........ 9.5 Change Orders, responsibility for .......... 9.7, 10, 11, 12. Clarifications and Interpretations ............... 3.6.3, 9.4 Decisions on Disputes .......................... 9.11-9.12 defective Work, notice of ........................... 13.1 Evaluation of Substitute Items ...................... 6.7.3 Liability ......................................... 6.32. 9.12 ......................... Notice Work is Acceptable ' 14.13 Observations ................................. 6.30.2, 9.2 OWNER's Representative ........................... 9.1 Payments to the CONTRACTOR, Responsibility for .............................. 9.9, 14 Recommendation of Payment ................. 14.4114.13 Responsibilities - Limitations on ................................ 9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions .......................... 4.2.4 Shop Drawings and Samples, review responsibility ..................................... 6.26 Status During Construction - authorized variations in the Work .................. 9.5 Clarifications and Interpretations ..............:.... 9.4 Decisions on Disputes ........................ 9.11-9.12 Determinations on Unit Price ..................... 9.10 ENGINEER as Initial Interpreter ............. 9.11-9.12 ENGINEER's Responsibilities ................ 9.1-9.12 7 Article or Paragraph Number Limitations on ENGINEER's Authority and . Responsibilities...................................9.13 9.1 OWNER's Representative .............••....... . 9.3 Project Representative ............................. 9.6 Rejecting Defective Work .......................... Shop Drawings, Change Orders and , • , 9,7_9.9 .:w Payments ................................. Visits to Site ......•••"""""... .....9.2 ,9,10 Unit Price Determinations • • • • • ""' " . 9.2 Visits to Site ..................................... 7.2, 9.1 Writtenconsent required ......................... Equipment, Labor, Materials and . • • • • • • • • • """' •11.4.5.6.3-6.5 . 3 5 Equipment rental,'Cost of the Work ............... Equivalent Materials and Equipment .................... .3 6.33 Errors or omissions ................................... 8.11 Evidence of Financial Arrangements ......... .........• . Explorations of physical conditions ....... • ...... 4 2.1 • 11 6 Fee, CONTRACTOR's-Costs-Plus ................... Field Order . 1.19 definion of ......................... ti 3.6.1, 9.5 issued by ENGINEER ........................... 14.12 Final Application for Payment ........................ Final Inspection .......................14.11 Final Payment - 14.13-14.14 and Acceptance ..............................: 11.8 Prior to, for cash allowances .................... .... 17.3-17.4 General Provisions ....... General Requirements- • 1 20 defintion of .............................. 2.6, ..........: 6.4, 6.6-6.7, 6.24 principal references to ............:. :..............17.1 Giving Notice ... .....Y..••••••••••••••• Guarantee of Work-b 6.30; 14.12 CONTRACTOR ............................... .-. . , '......... Hazard.Communication Programs ..6.22 Hazardous- Waste- . 1.21 definition of .............................. ......... 4.5 general ...................................... ........ 8.10 OWNER's responsibility for ........................ 6.. 33 Indemnification .............. Initially Acceptable Schedules ................... CONTRACTOR'S Inspection - 9.13.4,13.5,14.12 Certificates of ......................... 11 11 , 14. Final............................ ................. 9.4 Special, required by ENGINEER • •.• • • • "' .... 13- Tests and Approval ................ insurance - S.14 Acceptance of, by OWNER ......... Additional, required by changes 11.4.5.9 inthe Work ................................. Before starting the Work.............................2.7 5 Bonds and -in general ................................. 5.8 Cancellation Provisions .............................. 5.4.11, 5.4.13, 5.6.515.85.14, Certificates of .. 2.7, 5, 5.3, , 14.12 5.4.13 completed operations .............................. 5.4 CONTRACTOR's Liability ........................... 5.1 CONTRACTOR's objection to coverage • • • • • . • ......4 .1 Contractual Liability ............................. Article or Paragraph Number deductible amounts, CONTRACTOR's 5.9 responsibility .................. ............. 14.12 Final Application for Payment ...................... 5.3 LicensedInsurers .................................... Notice requirements, material 5.8 10.50 , changes...................•...••......... 5.10 ...................... Option to Replace .:.......... S.10 otherspecial insurances .............................. 5.12-5.13 OWNER as fiduciary for insureds ............. . 5.5 OWNER's Liability ............................ 8. OWNER's Responsibility • 515 .5 Partial Utilization, Property Insurance ............... 5.6-5.10 Property ....... .............................. Insurance Proceeds • • 5.12 Receipt and Application of 5.13 Special Insurance ................................ . 11 Waiver of Rights . ...... • • • ' ...... " ... • . 3.15-.11 3.4 Intent of Contract Documents ............ • • . • • "'. , 3. Interpretations and Clarifications ...............•. 4.2 Investigations of physical conditions .................... 6.3-6.5 . Labor,. Materials and Equipment .................... Lands- •... 8. . and Easements .................................... 4.1,8.4 Availability of .................................... 8.4 Reports & Tests..................................... or Regulations - Laws and Regulations -Laws 5.1-5.2 Bonds ............:...... 04 Changes in the Work.................................1 3..1 Contract Documents................................. 6.14 CONTRACTOWs Responsibilities ................... Correction Period, defective Work .................4 .. 13.12 11..5. 4 Cost of the Work, taxes ..... ; ................... 1.22 definition of .............. :................... . • general ...................... ........ .•. .6.14 6.31-6.33 Indemnification .............................. ........ 5.3 Insurance.................................... 3.1, 3.3.3 .................... ............... Precedence .............................. ..... 3.3.1 Reference to ........................ . •• " " " 11 • 6.20,3.2 Safety and Protection .................. ...•••• Suppliers and Others ...... • .... - • 6 8 ll Subcontractors, 13. 5 Tests and Inspections .... • • • • • • • • • • • •; ........... ... 6, l... . ..................................... ........ Use of Premises ................"" 9.2 Visits to Site """"""' Liability Insurance- , 5.4 CONTRACTOR's ............................... , , , , .... 5.5 OWNER's ....................................... 5.3 Licensed Sureties and Insurers ......................... Liens- 14.2 . • . Application for Progress Payment ... • • • • • • ........ , 14.3 Contractors Warranty of Title .............. • • •' -" . ' 114.3 Final Application for Payment ... • ................. 1.23 definition of ....................• ................... „ 14.15 Waiver of Claims ""' ENGINEER's authority and """" Limitations on , q,13 • responsibilities .................................. • . CONTRACTOR Authorized ...... 4.2.2 Limited Reliance by Maintenance and Operating Manuals- 14.12 Final Application for Payment .................. • ... Manuals (of others}- . 3.3.3.1 Precedence...................................... 8 Article or Paragraph Number Reference to in Contract Documents ................ 3.3.1 Materials and equipment - furnished by CONTRACTOR ........... • • ....... • • • • 6.3 ............ not incorporated in Work ..... • • • • • • • .... 14.2 Materials or equipment --equivalent ........ 6............ 6.7 Mediation (Optional) .................................. 16.7 1.24 Milestones -definition of .............................. Miscellaneous - Computation of Times .............................. 17.2 Cumulative Remedies ..6............................ 17.4 GivingNotice 17.1 ......................6................ Noticeof Claim ..................................... Costs Included 17.3 17.5 Professional Fees and Court .......... Multi -prime contracts ................................. Not Shown or Indicated ...... 6....................... 4.3.2 Notice of - Acceptability of Project .............6.............. 14.13 Award; definition of .................. 6 .............. 1.25 Claim ! ................................ .....6.6.... 17.3 : 13.1 Defects; .............................. Differing Subsurface or Physical Conditions ..........4.2.3 Giving ................................ ............. 17.1 13.3 Tests and Inspections Variation, Shop Drawing and Sample ............... ... 6.27 Notice to Proceed- definition of ..................................... .26 "' 12.3 giving of ....... ............ 2.3 Notification to Surety 6 ...... 6 ............ • . • • • ..10.5 Observations, by ENGINEER .........6........... 6.30, 9.2 Occupancy of the Work ........... 6 .... 5.15, 6.30.2A,14.10 Omissions or acts by CONTRACTOR ............. 6.9, 9.13 "Open peril" policy form, Insurance 6.......... 6.....6.5.6.2 OptionrtoReplace......................... ............5.14 "Or Equal" Items ................................:..... 6.7 7 Oth er•work .......................... Overtime Work -prohibition of ......... ..........6.."""' ...............:. 6.3 OWNER - Acceptance of defective Work ............:......... 13.13 appoint an ENGINEER ....... 6......6 ............... 8.2 as fiduciary ..........................6......... 5.12-5.13 Availability of Lands, responsibility ................... 4.1 definition of ........................................ 1.27 data, furnish ................. 6.:..............6....... 8.3 May Correct Defective Work ....................... 13.14 Mayrefuse to make payment ............... 6........ 14.7 May Stop the Work ................................ 13.10 may suspend work, terminate ....................... 8.8, 13.10, 15.1-15.4 Payment, make prompt .................... 8.3, 14.4, 14.13 . performance of other Work ........................... 7.1 permits and licenses, requirements .................. 6.13 purchased insurance requirements •............... 5.6-5.10 OWNER's- Acceptance of the Work ......................... 6.30.2.5 Change Orders, obligation to execute.......................6............ 8.1 Communications....................................6. Coordination of the Work .. 6......................... 7.4 Disputes, request for decision ......... :............. 9.11 Article or Paragraph Number Inspections, tests and approvals ................. 8.7, 13.4 LiabilityInsurance ................................- 5.5 Notice of Defects ................................... 13.1 Representative -During Construction, ENGINEER's Status ............................ 9.1 Responsibilities - Asbestos, PCBs, Petroleum, Hazardous Waste on Radioactive Material .................. 8.10 8.6 ChangeOrders ................................. Changes in the Work .............................. 10.1 communications ................................. .. 8.1 CONTRACTOR's responsibilities .................. 8.9 evidence of financial arrangements ................ 8.11 inspections, tests and approvals ..................... 8.7 Insurance.........................................8.5 8.4 landsand easements ............................... promptpayment by ........................... 8.3 replacement of ENGINEER ....................... 8.2 reportsand tests...................................8.4 stop or suspend Work .................. 8.8,.13.10, 15.1 terminate CONTRACTOR's services ..... .. 8.8, 15.2 separate representative at site ........................ 9.3 independent testing ... 13.4 use or occupancy of the ' 5.15,14.10 Work.................................... written consent or approval required ............................... 9.1. 6.3.itA written notice required .......... 7.1, 9.4, 9.11, 11.2, 11.9, 14.79 15.4 PCBs - 1.29 definition of 4.5 ............................................ general.............................................. OWNER's responsibility for ........................ 8.10 Partial Utilization - definition of ........................................ 1.28 general ................................... 6.30.2A, 14.10 PropertyInsurance.................................5.15 2 Patent Fees and Royalties ............................. Payment Bonds ..................................... 5.1-5.2 . Payments, Recommendation of .......... `... 14.4-14.7. 14.13 Payments to CONTRACTOR and Completion - Application for Progress Payments .................. 14.2 CONTRACTOR's Warranty of Title ................. 14.3 Final Application for Payment ...................... 14.12 ................. Final Inspection .................. . 14.11 14.13-14.14 Final Payment and'Acceptance ............... 8.3, 14 general............................................ 14.10 Partial Utilization .................................. Retainage................ ..........................14.2 Review of Applications for Progress 14.4-14.7 Payments.................................. . promptpayment ..................................... 14.1 Schedule of Values .................................. Substantial Completion ......................... 14.8-14.9 Waiver of Claims.............. .................... :. 14.15 14.4,14.13 when payments due .......................... 14.7 withholding payment ................................ PerformanceBonds ................................. 5.1-5.2 6.13 Permits ......................... ...................... N 'Article or Paragraph Number Petroleum - 1.30 definitionof ........................................ 4.5 general................................ ............... 8.10 OWNER's responsibility for ........................ Physical Conditions - Drawings of, in or relating to ..................... 4.2.1.2 4.2.4 ENGINEER's review ............. 4.2.2 existing structures ........ ................... ••••••• ::.......................................4.2.1.2 general... 'Subsurface and, • . • ...................•••...4.2 4.3 Underground Facilities ........... ............ • • • • • • • • 4.2.5 Possible Contract Documents Change ............ . Possible Price and Times Adjustments .............. 4.2.6 Reports and Drawings .*............................. 4.2.1 4.2.3 Notice of Differing Subsurface or . .................. Subsurfaceand......................................4.2 4.2.1.1 Subsurface Conditions ............. ... Technical. Data, Limited Reliance by CONTRACTOR Authorized ..................... 4.2.2 Underground Facilities- .. . .........4.3 general............................... 4.3.2 Not Shown or Indicated ....................... Protectionof...............................4.3, 6.20 41 3 Shownor Indicated ............................ .. 4.2.2 Technical Data • ... 2.8 Preconstruction Conference ............................ ...2 Preliminary Matters ................................ 2.6 Preliminary Schedules .......:............. ........ • • • . • 6.16-6.18 Premises, Use of ... 11 Price, Change of Contract ............................... Price, Contract --definition of . . • . • • • • • • • • • • • • • • • 11 Progress Payment, Applications for ..................: • 14 2 Progresspayment retainage .......................... 14.2 CONTRACTOR's ..... 2.6, 2.8, 2.9, 6.6, Progress:schedule, 6.29, 10.4,15.2.1 1.31 Project -definition of .....................:..:........: Project Representative- ENGINEER's Status During Construction ............ 9.3 Project Representative, Resident 133 = definition of ...................................... b OWNER .................... 8.3 prompt payment y Property Insurance 5.7 Additional """"" 5.6-5.10 general ..........•....•............•........•............ 5.15, 14.10.2 Partial Utilization ........................... receipt and application of .............................5.12-5.13 proceeds. Protection, Safety and ....................... 6.20-6.21, 13.2 14.11 Punch list ....................... Radioactive Material- .32 14.5 definition .................................. """"' general..............................................4.5 OWNER's responsibility for ........................ 8.10 Recommendation of Payment .............. 14.4, 14.5, 14.13 6.19, 14.12 Record Documents ............................. Records, procedures for maintaining .................... 2.8 4.4 Reference Points ....................................... Reference to Standards and Specifications of Technical Societies Article or Paragraph Number Regulations, Laws and (or) ............................ 6.14 9.6 Rejecting Defective Work ...........................•••• Related Work - 7.1-7.3 at Site .................... .................. Performed prior to Shop Drawings and Samples submittals review .................. 6.28 Remedies, cumulative ............... 17.4, 17.5 Removal or Correction of 13.11 Defective Work .............:...................... rental agreements, OWNER approval 11.4.5.3 required ...................... of ENGINEER by OWNER .............. 8.2 replacement Reporting and Resolving Discrepancies .... 2.5. 3.3.2, 6.14.2 Reports - 4.2.1 andDrawings ...................................... 8.4 and Tests, OWNER's responsibility .................. Resident Project Representative- 13 definition'of........................................ 9. 3 provisionfor ......................................... Resident Superintendent, CONTRACTOR's ...:......... 6.2 Responsibilities- :. 6 CONTRACTOR's-in general ....................: • .. • ENGINEER's-in general ............................... 9 9.13 Limitations on. ......... 8 OWNEWs-in general .........................:........ Retainage.............................................14.2 3.7 . .......... Reuse of Documents.................. ........... Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal ................. • . • • • 6•2 Review of Applications for Progress Payments...............:............'14.4-14.7 .......... 10.2 Rightto an adjustment ................................ 4.1 Rightsof Way ......................................... 6.12 Royalties, Patent Fees and ............................. Safe Structural Loading ...:...., . 6.18 Safety - 4.3.2, 6.16, 6.18, 6.20-6.21,1.2, 13.2 and Protection ....... 6.20-6.23 general........................................ CONTRACTOR's .....................6.21 Representative, Samples - 1.34 definition of . 6.2".28 general........................................ 6.25 Review by CONTRACTOR ......................... 6.26. 6.27 Review by ENGINEER ....................... 6.28 related Work ........................................ 6.24.2 submittal of ................................. ... 6.25 submittalprocedures 2.6, 2.8-2.99 6.6, 6.29, 10.4, 15.2.1 Schedule of progress ..... Schedule of Shop Drawing and Sample 2 5, 2.8-2 9, 6 24-6.28 Submittals....................... 2.6, 2.8-2.9. 14.1 Schedule of Values ......................... Schedules - "' 15.6.1 Adherence to ...... • • • •. - Adjusting .................... ............. .. 10.4 Change of Contract Times ......................... . Initially Acceptable ............... ................2.8-2.9 . 2.4 Preliminary..................................... 10 Scopeof Changes .............................. .1.1 4.2. Subsurface Conditions .............................. 10 Article or Paragraph Number Article or Paragraph Number Shop Drawings - and Samples, general ........................... 6.24-6.28 Change Orders & Applications for . . Payments, and ............................... 9.7-9.9 1.35 definitionof ........................................ 3.6.2 ENGINEER's approval of ......................... ENGINEER'S responsibility for review 9.7,6.24-6.28 ............................... rela(ed.Work 6.28 ........................................ 2.8,6.24-6.28 review procedures ...........if ............. submittal required ................................. 6.24.1 Submittal Procedures ............................... 6.25 use to approve substitutions ........................ 6.7.3 Shown or Indicated ............................ 4.3.1 Site Access ................ ....................... 7.2, 13.2 SiteCleanliness.......................................6.17 Site, Visits to - by ENGINEER ............................. 13.2 ... 9... 13.2 byothers .................... ............... "Special ca'uses of loss" policy form, insurance 5.6.2 Specifications - definition of .:..........:.. ................... . .. 1.36 :.. 3.3.1 of Technical Societies, reference to .............. precedence................... ...................... 3.3.3 Standards and Specifications of Technical . Societies• ........................... 3.3 Starting Construction,Before ....................... 2.5-2.8 Startingthe Work......................................2.4 Stop or Suspend Work - by CONTRACTOR ................................. 15.5 by OWNER ............................. 8.8,13.10, 15.1 Storage of materials and equipment .........:....... 4.1, 7.2 Structural Loading, Safety ............................. 6.18 Subcontractor - Concerning, 6.8-6.11 ..................................... 1.37 definition of ........... :............................ delays ...................................... ...........12.3 6.11. waiver of rights 6.8-6.11 Subcontractors -in general ........................ Subcontracts -required provisions ........ 5.11, 6.11, 11.4.3 Submittals - Applications for Payment ........................... 14.2 Maintenance and Operation Manuals ............... 14.12 Procedures......................................... 6.25 2.6,2.9 Progress Schedules ............................. Samples....................................... 6.24-6.28 14.1 Schedule of Values.............................2.6, Schedule of Shop Drawings and Samples Submissions* .................... 2.6, 2.8-2.9 Shop Drawings ................................. 6.24-6.28 Substantial Completion - certification of 6.30.2.3, 14.8-14.9 ........................ 1.38 definitionof ........................................ Substitute Construction Methods or Procedures ....... 6.7.2 Substitutes and "Or Equal" Items ...................... 6.7 CONTRACTOR's Expense .....................`.. 6.7.1.3 ENGINEER's Evaluation .......................... 6.7.3 "Or -Equal" ........................................ 6.7.1 Substitute Construction Methods of Procedures ..... 6.7.2 6.7.1.2 Substitute Items .................................. Subsurface and Physical Conditions - Drawings of, in or relating to ..................... 4.2.1.2 ENGINEER's Review ............................. 4.2.4 general..............................................4.2 Limited Reliance by CONTRACTOR Authorized .................................... 4.2.2 , Notice of Differing Subsurface or Physical Conditions ................................ 4.2.3 Conditions 4.2.1.2 Physical ................................. Possible Contract Documents Change ................. 4.2.5 Possible Price and Times Adjustments ................ 4.2.6 Drawings 4.2.1 Reportsand ................................ • • • • .... " 4.2 Subsurface and • Site ....... Subsurface Conditions at the ... :... 4.2.1.1 4.2.2 Technical Data .... Supervision- responsibility ...................... 6.1 CONTRACTOR's OWNER shall not supervise ......................... 8.9 ENGINEER shall not supervise ............... 9.2, 9.13.2 6.2 Superintendence....................................... Superintendent, CONTRAC'TOR's resident ........... 6.2 I I.A.5 Supplemental costs ....... _. Supplementary Conditions - 1.39 definition of ........................................ 1.10, 1.189 2.2, 2.7, 4.2, 4.3. 5.1, principal reference to .... 5.3, 5.4, 5.6-5.9, 5.11, 6.8, 6.13, 7.4, 8.11, 9.3, 9.10 Supplementing Contract Documents ....... :.............. 3.6 Supplier - 1.40 definitionof ........................................ 3.7, 6.59 6.8-6.11, principal references to .................. 6.20, 6.24, 9.13, 14.12 ....... 6.11 Waiver of Rights............................. Surety- 14.14 14..... consent to final payment ..................... ENGINEER has no duty to ..................... 9.13 10.1, 10.5. 15.2 Notification of ............................ of 5.1-5.3 . qualification ................................... Survival of Obligations .................. .......".. 6.34 Work, OWNER May .......... ...... 13.10, 15.1 Suspend Suspension of Work and Termination-............ .. 15 ', CONTRACTOR May Stop Work or 15.5 Terminate........................................ 15.1 OWNER May Suspend Work ....................... OWNER May Terminate .................. 15.2-15.4 Taxes -Payment by CONTRACTOR .................... 6.15 Technical Data - Limited Reliance by CONTRACTOR ............... 4.2.2 Possible Price and Times Adjustments .............. 4.2.6 Reports of Differing Subsurface and Physical Conditions .............................. 4.2.3 Temporary construction facilities ........................ 4.1 Termination- 15.5 by CONTRACTOR ................................. 8.8, 15.1-15.4 by OWNER ............................... 8.2 of ENGINEER's employment ........................ Suspension of Work-in general ..............••..•••••• 15 3.4 Terms and Adjectives ................. ....:............ Tests and Inspections- 11 Article or Paragraph Number Article or Paragraph Number Access to the Work, by others ...................... 13.2 CONTRACTOR's responsibilities ................:... 13.5. costof .............................................. 13.4 . . 13.6-13.7 covering Work prior to ......................... . Laws and Regulations (or) .......................... 13.5 Noticeof Defects ................................... 13.1. OWNER May Stop Work .......................... 13.10 OWNEIt's independent testing ...................... 13.4 speciaj; required by ENGINEER ..................... 9.6 , timely notice required ............................... 13.4 . Uncovering the Work, at ENGINEER's 13.8-13.9 request .................... Times= Adjusting 6.6 ............................................ Changeof Contract ................................... 12 Adjusting . 17.2 Computation *of ..................................... Contract Times -definition of ....................... 1.12 day.-..I.............................................17.72 Milestones...........................................12 Requirements- appeals..:............:.......................... 16 clarifications, claims and disputes ............................. 9.11, 11.2, 12 commencement of contract times ................... 2.3 prec........... onstruction conference ... ........... 2.8 schedules 2.6, 2.9, 6.6 ................................. 2.4 :.. starting the Work .................................. Title, Wairanty of ..................................... 14.3 Uncovering Work ...............................: 13.8-13.9 Underground Facilities, Physical Conditions - definition of ....................... ........:........ 1.41 Not Shown or Indicated ............................. 4.3.2 protection of...........................:.....:.4.3,6.20 . -.- ..Shown or Indicated ................. ............... 4.3.1 Unit. Price Work- .' claims • ....:..:......... 11.9.3 1.42 definitionof ........................................ general ....... 11.9,14.1, 14.5 Unit Prices - gene .................. 11.3.1 9.10 Determinationfor ................................... Use of Premises ........................ 6.16, 6.18, 6.30.2.4 Utility owners ...................... 6.13, 6.20, 7.1-7.3, 13.2 Utilization, Partial ............... 1.28, 5.15, 6.30, 2.4, 14.10 the Work I.1.3 Valueof ..................................... Values, Schedule of ....................... 2.6, 2.8-2.9, 14.1 Variations in Work -Minor Authorized 6.25, 6.27, 9.5 ................................ Visits of Site -by ENGINEER ......................... 9.2 Waiver of Claims -on Final 14.15 Payment. .......................................... Waiver of Rights by insured parties ............... 5.11, 6.11 Warranty and Guarantee, General -by CONTRACTOR .................................... 6.30 Warranty of Title, CONTRACTOR's ................... 14.3 Work- 13.2 Accessto ....................... .................... 7 byothers . ............................................. Changesin the.......................................10 Continuingthe . ..................................... 6.29 CONTRACTOR May Stop Work orTerminate............................... ....1. Coordination of.......................................4 7 11.4-11.5 Cost of the .............................. ....... definition of ........... 1.43 13.14 neglected by CONTRACTOR ...................... other, Work ............................................ 7 13.10 OWNER May Stop Work .......................:.. OWNER May Suspend Work .................. 13.10, 15.1 Related, Work at Site ............................. 7.1 7.3 2.4 Starting the ................................. ......... 15.5 Stopping by CONTRACTOR ........................ Stopping by OWNER .......................... 15.1-15.4 Variation and deviation authorized, ...... 3.6 minor Work Change Directive - 10.2 claims pursuant to .................................. 1.44 definition of ........................................ 3.5.3,10.1-10.2 principal references to .................... Written Amendment- 1.45 definitionof....................................7.. , principal references to ... 1.10, 3.5, 5.10, 5.12, 6.6.2, 6.8.2, 6.19,10.1,10.40-11.2,12.1,13.12.2,14.7.2 Written Clarifications and 3.6.3, 9.4, 9.11 Interpretations ......................,.... Written Notice Required - by CONTRACTOR ........ 7.1, 9.10-9.11, 10.4, 11.2, 12.1 by OWNER .......... :......... 9.10-9.11, 10.4, 11.2, 13.14 IN GENERAL CONDITIONS' ARTICLE I —DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: l:l. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Application for Payment —The form accepted by EN- GINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current • action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid —The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6: Bidding Documents —The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements —The advertisement or invita- tion to Bid, instructions to bidders, and the Bid form. 1.8. Bonds —Performance and Payment bonds and other instruments of security. 1.9. Change Order=A document recommended by ENGI- NEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. Contract Documents --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 Draw- ings as the same are more specifically identified in the Agree- ment, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1, and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursu- ant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract Documents. 1.11. 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 11.9.1 in the case of Unit Price Work). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommenda- tion of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR The person, firm or corporation with whom OWNER has entered into the Agreement. 1.14. defective -An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, in that it does not conform to the Contract Docu- ments, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been. damaged prior to ENGI- NEER'S recommendation of final payment (unless responsi- bility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings The drawings which show the scope, extent and character of the Work to be furnished and per- formed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER —The person, firm orcorporati6n named as such in the Agreement. 1.18. ENGINEER's Consultant —A person, firm or corpo- ration having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or con- sultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 13 1.20. General Requirements —Sections of Division 1 of the Specifications. 1.21.1 'Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1.2il.: Laws and Regulations; Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 1.23. ' Liens —Liens, charges, security interests or encum- brances upon real property or personal property. 1'.24:".'Miles1one—A principal event specified in the Con- tract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25: , Notice of Award —The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26:" NoticetoProceed--A written noticegivenby OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which" CONTRACTOR shall start to perform CONTRAC- TOR's'obligations under the Contract Documents. 1.27. ` OWNER —The public body or authority, corpora- tion; _association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. , 1.28.:' Partial Utilization —Use by OWNER of a substan- tially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs —Polychlorinated biphenyls. 1.30.- 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 Wastes and crude oils. 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32.. Radioactive Material --Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.33. ' Resident Project Representative— The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35. Shop Drawings —All drawings, diagrams, illustra- tions, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications —Those portions of the Contract Doc- uments consisting of written technical descriptions of materi- als, equipment, construction systems, standards and workman- ship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor —An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently com- plete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final -payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplementary Conditions The part of the Contract Documents which amends or supplements these General Con- ditions. 1.40. Supplier —A manufacturer, fabricator, supplier, dis- tributor, materialm n or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materi- als or equipment to be incorporated in the Work by CON- TRACTOR or any Subcontractor. 1.41. UndergroundFacilities—All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communica- tions, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Price Work —Work to be paid for on the basis of unit prices. 14 1.43. Work —The entire completed construction or the var- ious separately identifiable parts thereof required to be fur- nished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing docu- ments, all as required by the Contract Documents. 1.44. Work Change Directive —A written directive to CON- TRACTOR, 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 physical condi- tions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Direc- tive 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 as provided in paragraph 10.2. 1.45. Written Amendment —A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Docu- ments. ARTICLE 2—PRELIMINARY MATTERS Delivery of -Bonds: 2.1. When CONTRACTOR delivers the executed Agree- ments to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. I . .' Copies of Documents: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Con- ditions) of the Contract Documents as are reasonably neces- sary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. Commencement of Contact Times, Notice to Proceed. 2.3. The Contract Times will commence to run on the thirti- eth day after the Effective Date of the Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. Suviing the Work: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run. Before Starting Construction: 2.5. Before undertaking each part of the Work, CON- TRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRAC- TOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRAC- TOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Doc- uments, unless CONTRACTOR knew or reasonably should have known thereof. 2.6.. Within ten days after the Effective Date of the Agree- ment (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sam- ple submittals which will list each required submittal and the times for submitting, reviewing and processing such submit- tal; 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items - aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit appli- cable to each item of Work. 2.7. Before any Work at the site is started, CONTRACTOR and OWNER shall each deliver to the other, with copies to each additional insured identified in the Supplementary Condi-, tions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with para- graphs 5.4, 5.6 and 5.7. Preconstuction Conference: 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference 15 attended by CONTRACTOR; ENGINEER and others as ap- propriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to. in paragraph 2.6, procedures for handling Shop Drawings and other submittals, processing Applications for Payment and maintaining -required records. Initially Acceptable Schedules: 2.9. Unless otherwise provided in the Contract Docu- ments; at least ten days before submission of the first Applica- tion for Payment a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to review for acceptability to ENGINEER as provided below the sched- ules submitted in accordance with paragraph 2.6. CONTRAC- TOR 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 the schedules are submitted to and acceptable to ENGINEER as provided tbelow. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGI- N EER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOWs full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrange- ment for reviewing and processing the required submittals. CONTRACTOWs schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3—CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE • J Intent: 3.1. The Contract Documents comprise the entire agree- ment between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be con- structed in accordance with the Contract Documents. Any Work, 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 furnished and performed whether or not specifically called for. When words or phrases which have a well- known technical or construction industry or trade meaning are used to describe Work, materials.or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifi- cations and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and Specifications of Technical Societies, Reporting and Resolving Discrepancies: 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. if, during the performance of the Work, CON- TRACTOR discovers any conflict, error, ambiguity or dis- crepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGI- NEER for failure to report any such conflict, error, ambigu- ity or discrepancy unless CONTRACTOR knew or reason- ably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indi- cated in paragraph 3.5 or 3.6, 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: 3.3.3.1. the provisions bf any such standard, speci- fication, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such Laws or Regu- lations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). • No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents, or em- ployees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of ENGINEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or 16 G 4 performance of the Work or any duty or authority to under- take responsibility inconsistent with the provisions of para- graph 9.13 or any other provision of the Contract Docu- ments. 3.4. Whenever in the Contract Documents the terms "as ordered," "as directed," "as required; ' "as allowed," "as approved" or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable:' 'proper" or:"satisfactory" or adjectives of like effect or import are used .to describe a requirement, direction, review or judg- menfof ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unle'ss there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGI- NEER any duty- or authority to supervise or direct the furnishing- or performance of the Work or any duty or authority to undertake responsibility contrary to the provi- sions of 'paragraph 9.13 or any other_ provision of the Contract Documents. Amending and Supplementing Contract Documents: 3.5. The Contract Documents may be amended to provide lfor additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. ' a formal Written Amendment, .,..-3.5.2.-. a Change Order (pursuant to paragraph 10.4), or 3.5.3.` a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Docu- ments may be supplemented, and minor variations and devia- tions in the Work may be authorized, in one or more of the following ways: 3.6.1. a Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGINEER's written interpretation or clarifica- tion (pursuant to paragraph 9.4). Reuse of Documents: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications.or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Upon reasonable written request, OWNER shall furnish CON- TRACTOR with a correct statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's lien against such lands in accordance with applicable Laws and Regulations. OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Docu- ments. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights -of -way or easements, CONTRACTOR may make a claim therefor as provided *in Articles 11 ' and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2. Subsurface and Physical Conditions: 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of: 4.2.1.1. Subsurface Conditions: Those reports of explo- rations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in prepar- ing -the Contract Documents. 17 4.2.2. Limited Reliance by CONTRACTOR Authorized; Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data' contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supple- mentary Conditions. Except for such reliance on such "tech- nical data, CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any . aspects of the means, methods, techniques, se- quences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs inci- dent thereto, or. 4.2.2.2. other data, interpretations, opinions and infor- mation contained in such reports or shown or indicated in such drawings, or i. 4.2.2.K. any CONTRACTOR interpretation of or conclu- sion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice of Differing Subsurface or Physical Condi- 1 lions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or :-4.2.3.2. is of such a nature as to require a change in the ' ContracE Documents, or 4.2.3.3. ' differs materially from that shown or indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recog- nized 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 conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRAC- TOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until re- ceipt of written order to do so. 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with re- spect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Documents Change: If ENGI- NEER concludes that a change iri the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3., a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and Times Adjustments: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or de- crease in CONTRACTOR's cost of, or time required for performance of, the Work; subject, however, to the following: 4.2.6.1. such condition must meet anyone or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if; 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition could rea- sonably have been discovered or revealed as a result of any examination, investigation, exploration; test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or ,I 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consult- ants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Physical Conditions —Underground Facilities: 4.3.1. 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 18 information and data fumished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be respon- sible for the accuracy or completeness of any such informa- tion or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full respon- sibility for: (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents, (iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CON- TRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or per- forming any Work in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER con- cludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such conse- quences. During such time, CONTRACTOR shall be respon- sible for the safety and protection of such Underground Facility as .provided in paragraph 6.20. CONTRACTOR shall be al- lowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CON- TRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitle- ment to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points: 4.4. OWNER shall provide engineering surveys to estab- lish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRAC- TOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be respon- sible for the accurate replacement or relocation of such refer- ence points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radio- active Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property .exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppli- ers or anyone else for whom CONTRACTOR is responsible. 4.5.2. CONTRACTOR shall immediately: (i) stop all Work in connection with such hazardous condition and in any area. affected thereby (except in an emergency as re- quired by paragraph 6.23), and (ii) notify OWNER and ENGINEER (and thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concern- ing the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CON- TRACTOR to be resumed, either party may make a claim therefor as provided in Articles 11 and 12. 4.5.3. If after receipt of such special written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order such portion of the Work that is in connection with such hazardous condition or in such af- fected area to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles 11 and 12. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7. 4.5.4. To the fullest extent permitted by Laws and Reg- ulations, OWNER shall indemnify and hold harmless CON- TRACTOR, Subcontractors, ENGINEER, ENGINEER's 19 Consultants and the officers, directors, employees, agents, other consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from such hazardous condition, provided that: (i) any such claim, cost, loss or damage is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) nothing in this subparagraph 4.5.4 shall obligate OWNER to indemnify any person or entity from and against the consequences of that person's or entity's own negli- gence. 4.5.5. The provisions of paragraphs 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site. ARTICLE S=BONDS AND INSURANCE Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance- and payment of all CONTRACTOR'S obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also fur- nish such other Bonds as are required by the Supplementary Conditions: All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or. Regulations,' and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Financial Management Service, Surety Bond Branch, U.S. Treasury Department. (Phone 202-874-6850). All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to. act. 5.2. if the surety on any Bond furnished by CONTRAC- TOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. 5.3. Licensed Sureties and Insurers; Certificates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be. obtained from surety or insurance companies that are duly licensed or authorized in the juris- diction in which the Project is .located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be pro- vided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supple- mentary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. OWNER shall deliver to CONTRACTOR, with copies to each additional insured identified in the Supplementary Conditions,. certificates of insurance (and other evidence of insurance requested by CONTRACTOR or any other addi- tional insured) which OWNER is required to purchase and maintain in accordance with paragraphs 5.6 and 5.7 hereof. CONTRACTOR's Liability Insurance: 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Con- tract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, oc- cupational sickness or disease, or death of CONTRAC- TOR's employees; 5.4.3. claims for damages because of bodily injury, sick- ness or disease, or death of- any person other than CON- TRACTOR's employees; 5.4.4. claims for damages'insured by customary personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; 5.4.5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. 20 The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of profes- sional liability) OWNER, ENGINEER, ENGINEER's Con- sultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective 'officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supple- mentary Conditions or required by Laws or Regulations, whichever is greater; 5.4.9. include.completed operations insurance; 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33; i 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, 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 Supplemen- tary,Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will sb pro- vide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correct- ing, removing or replacing defective Work in accordance :.with paragraph 13.12; and 5.4.13. 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 Condi- tions 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). OWNER's Liability Insurance: 5.5. In addition to the insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: 5.6. Unless otherwise provided in the Supplementary Con- ditions, OWNER shall purchase and maintain property insur- ance upon the Work at the site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 5.6.1. include the interests of OWNER, CONTRAC- TOR, Subcontractors, ENGINEER, ENGINEER's Con- sultants and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 5.6.2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework and Work in transit and shall insure against at least the following perils: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils as may be specifically required by the Supplementary Conditions; 5.6.3. include expenses incurred in the repair or replace- ment of any insured property (including but not limited to fees and charges of engineers and architects); 5.6.4. cover materials and equipment stored at the site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Applica- tion for Payment recommended by ENGINEER; and 5.6.5. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CON- TRACTOR and ENGINEER with thirty days written notice to each other additional insured to whom a certificate of insurance has been issued. 5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. 5.8. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and main- tained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be cancelled or 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 to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.11. 21 5.9. OWNER shall not be -responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such iden- tified deductible amount, will be borne by CONTRACTOR, Subcontractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. 5.10.`v if CONTRACTOR requests in writing that other special insurance be included in the property insurance policies provided under paragraphs 5.6 or 5.7, OWNER shall, if possi- ble, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. I 5.11. Waiver of Rights: 5.11.1. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraphs 5.6 and 5.7 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and all other per- sons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds in such policies and will provide primary coverage for all losses and damages caused by the perils covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all rights against each other and their respective officers, directors, employees and agents for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER's Consultants and all other persons or entities identified in the Supplemen- tary Conditions to be listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. 5.11.2. In addition, OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGI- NEER's Consultants and the officers, directors, employees and agents of any of them, for: 5.11.2.1. loss due to business interruption, loss of use or other consequential loss extending beyond direct phys- ical loss or damage to OWNER's property or the Work caused by, arising out of or resulting from fire or other peril, whether or not -insured by OWNER; and 5.11.2.2. loss or damage to the completed Project or part thereof caused by, arising out of or resulting from fire or other insured peril covered by any property insurance maintained on the completed Project or part thereof by OWNER during partial utilization pursuant to paragraph 14.10, after substantial completion pursuant to paragraph 14.8 or after final payment pursuant to paragraph 14.13. Any insurance policy maintained by OWNER covering any loss, damage or consequential loss referred to in this paragraph 5.11.2 shall contain provisions to the effect that in the event of payment of any such loss, damage or consequential loss the insurers will have no rights of recovery against any of CON- TRACTOR, Subcontractors, ENGINEER, ENGINEER's Con- sultants and the officers, directors, employees and agents of any of them. Receipt and Application of Insurance Proceeds .5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the require- ments of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agree- ment as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, .the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNEWs exercise of this power. if such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. if no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, OWNER as fiduciary shall give bond for the proper performance of such duties. Acceptance of Bonds and Insurance, Option to Replace: 534. If either party (OWNER or CONTRACTOR) has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within ten days - after receipt of the certificates (or other evidence requested) required by paragraph 2.7.OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such . other party's interests at the expense of the party who was 22 required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. Partial Utilization —Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10; provided that no such use or occupancy shall commence before the insurers providing the property insurance 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 insur- ance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessaryto perform the Work in accordance with the Con- tract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by.the Contract Documents. CONTRACTOR shall be responsible. to see that the completed Work complies accu- rately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances.. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRAC- TOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qual- ified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good *discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property'at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the perfor- mance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. 6.4. Unless otherwise. specified in the General Require- ments, CONTRACTOR shall furnish and assume full respon- sibility for all materials, equipment, labor, transportation, con- struction. equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, tempo- rary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and comple- tion of the Work. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Docu- ments. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required, tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) pro- posed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjust- ments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or -Equal" Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equip- ment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 23 6.7.1.1. "Or -Equal": If in ENGINEER's sole discre- tion an item of material or equipment proposed by CON- TRACTOR is functionally equal to that named and suffi- ciently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Items. If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a pro- posed substitute item. CONTRACTOR shall submit suffi- cient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supple- mented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Re- quests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written appli- cation to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified. The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CON- TRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use 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 and whether or'not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indi- cated. The application will also contain an itemized esti- mate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. EN- GINEER may require CONTRACTOR to furnish addi- tional data about the proposed substitute. 6.7.1.3. CONTRACTOR's Erpense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's expense. 6.7.2. Substitute Construction ltfelhods 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 acceptable to ENGINEER. CON- TRACTOR shall submit sufficient information to allow ENGI- NEER, 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 ENGI- NEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or - equal" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submit- ted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcon- tractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER.or ENGINEER may have reason- able objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to fumish or perform any of the Work against whom CONTRACTOR has reasonable objection. i 6.8.2. If the Supplementary Conditions require the iden- tity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the princi- pal items of materials or equipment) to be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Condi- tions, OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance. or objection in the bidding documents or the Contract Documents) of any such Subcon- tractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case .CONTRACTOR shall sub- mit an acceptable substitute, the Contract Price will be adjusted by the difference in the cost occasioned by such 24 substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor. Supplierorother person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organiza- tions performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CON- TRACTOR 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 person or organization any contractual relationship between OWNER or ENGINEER and any such Subcon- tractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGI- NEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organi- zation except as may otherwise be required by Laws and Regulations. 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Sub- contractors, Suppliers and such other persons and organiza- tions performing or furnishing any of the Work to communi- cate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Sub - :contractor 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 Docu- ments 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 5.6 or 53, the agreement between the CONTRACTOR and the Subcontractor or Supplier will con- tain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER, ENGINEER's Consultants and all other additional insureds for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRACTOR will obtain the same. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royal- ties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. if a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harm- less OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorpora- tion in the Work of any invention, design, process, product or device not specified in the Contract Documents. Permits: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all con- struction permits and licenses. OWNER shall assist CON- TRACTOR, when necessary, in obtaining such permits,and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CON- TRACTOR shall pay all charges of utility owners for connec- tions to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. Laws'and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CON- TRACTOR's compliance with any Laws or Regulations. 6.14.2. 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 caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's pri- mary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRAC- TOR's obligations under paragraph 3.3.2. - Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of 25 the Project which are applicable during the performance of the Work. Use of Premises: 6.16. CONTRACTOR shall confine construction equip- ment, the storage of materials and equipment and the opera- tions of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any dam- age 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. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitra- tion or other dispute resolution proceeding or at law. CON- TRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGI- NEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the pre- mises as well as all tools, appliances, construction equipment and 'machinery and surplus materials. CONTRACTOR sha11 leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Direc- tives, Field Orders and written interpretations and clarifica- tions (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, Samples and Shop Draw- ings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other. property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not desig- nated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify own- ers of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indi- rectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other per- son or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with para- graph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Comple- tion). Safety Representative: . 6.21. CONTRACTOR shall designate a qualified and expe- rienced safety representative at the site whose duties and 26 responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and pro- grams. Hazard Communication Programs: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accor- dance with: Laws or Regulations. Emergencies: 6.23. In emergencies affecting the safety or protection of per or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or au- thorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CON- TRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.24. Shop Drawings and Samples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quanti- ties, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materi- als and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample sub- mittals. Each Sample will be identified cleirly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.26. The num- bers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures: 6.25.1. Before submitting each Shop Drawing or Sam-' pie, CONTRACTOR shall have determined and verified:. . 6.25.1.1. all field measurements, quantities, dimen- sions, specified performance criteria, installation require- ments, materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.3. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, tech- niques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CON- TR•ACTOR's obligations under the Contact Documents with respect to CONTRACTOR'S review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such vari- ations, if any, that the Shop Drawing or. Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Draw- ings,and Sample submittals accepted by ENGINEER as re- quired by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, se- quence or procedure of construction is specifically and ex- pressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Draw- ings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other. than the corrections called for by ENGINEER on Previous submittals. 6.27. ENGINEER's review and approval of Shop Draw- ings or Samples shall not relieve CONTRACTOR from respon- sibility for any variation from the requirements of the Contract 27 1 Documents unless CONTRACTOR has in writing called EN- GINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. . 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submissions accepted by ENGINEER as required by paragraph 2.9, any related Work performed prior to ENGI- NEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6.29. 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 pend- ing resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRAC- TOR may otherwise agree in writing. 6.30. CONTRACTOR's General Warranty and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Sub= contractdrs or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and com- plete.the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obli- gation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRAC- TOR under the Contract Documents; 6.30.2.4. use or occupancy of the•.Work or any part thereof by OWNER; 6.30.2.5. any acceptance by OWNER or any failure to do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of accept- ability'by ENGINEER pursuant to paragraph 14.13; 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8. any correction of defective Work by OWNER. Indemnification: 6.31. To the fullest extent permitted by Laws and Regula- tions, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and 60 is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regard- less of the negligence of any such person or entity. 6.32. ' In any and all claims against OWNER or ENGI- NEER or any of their respective consultants, agents; officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier .or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGI- NEER and ENGINEER's. Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Survival of Obligations: 6.34.• All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with 28 the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final pay- ment, completion and acceptance of the Work and termination or completion of the Agreement. ...ARTICLE 7—OTHER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Condi- tions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to ',starting any such other work, and (ii) CONTRAC- TOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or re- quh,,* additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is'a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the addi- tional 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 connect and =.: 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 make its several parts come together properly and inte- grate with. such other work. CONTRACTOR shall not en- danger any work of others by cutting, excavating or other- wise 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 CON- TRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such author- ity and responsibility will be itemized; and 7.4.3. the extent of such authority and responsibilities will be provided. Unless. otherwise provided in the Supplementary Condi- tions, OWNER shall have.sole authority and responsibility in respect of such coordination. ARTICLE 8—OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Condi- tions, OWNER shall issue all communications to CONTRAC- TOR through ENGINEER. 8.2. In case of termination of the employment of ENGI- NEER, OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.3� OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish ref- erence points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.10. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspec- tions, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CON- TRACTOR under certain circumstances. . 29 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRAC- TOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or perfor- mance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. S.10. OWNER'S responsibility in respect of undisclosed Asbesios,"PCBs, Petroleum, Hazardous Waste or Radioactive Materials uncovered or revealed at the site is set forth in paragraph 4.5. 8.11. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrange- ments have been made. to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION OWNER's Representative: 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's repre- sentative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. J Visits to Site: . 9.2. ' ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGI- NEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made *and the quality of the various aspects of CONTRAC- TOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. EN- GINEER will not be required to make exhaustive or continu- ous on -site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on -site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. EN- GINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as .a result of .ENGINEER's on -site visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be respon- sible for CONTRACTOR's means, methods, techniques, se- quences or procedures of construction, or the safety precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of the Work. Project Representative: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGI- NEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.13 and in the Supplementary Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGI- NEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such othAr person will be as provided in the Supplementary Conditions. Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of arid reasonably inferable from Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRAC- TOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as pro- vided in Article 11 or Article 12. Authorized Variations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article I 1 or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or 30 that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspec- tion or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. i Determinations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRAC- TOR. ENGINEER will review with CONTRACTOR the EN- GINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute' "Resolution Agreement, entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such'Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputes: .9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and Claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with. this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the othee party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. ENGINEER's written decision on such claim. dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A. "Dispute Reso- lution Agreement;' entered into between OWNER and CON- TRACTOR pursuant to Article 16. or 60 if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction 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 within sixty days of the date of such decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15)_ will be a condition precedent to any exercise by OWNER or. CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter pursuant to Article 16. 9.13. Lbnitations on ENGINEER's Authority and ResponsibUl es: 9.13.1. Neither ENGINEER's authority or responsibil- ity under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGIN EER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or em- ployee or agent of any of them. 31 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRAC- TOR's means, methods, techniques, sequences or proce- dures -of construction, or the safety precautions and pro- grams incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Docu- ments. 19.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization perform- ing or furnishing any of the Work. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all mainte- nance and'operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals and Other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies' with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Doc- uments. . 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGI- NEER's Consultants, Resident Project Representative and assistants. ARTICLE 10—CHANGES IN THE WORK .;10.1:. 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. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRAC- TOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically pro- vided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a'claim may be made therefor as provided in Article 1 I or Article 12. 10.3. 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 and supplemented as provided in paragraphs 3.5 and 3.6 except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appro- priate Change Orders recommended by ENGINEER (or Writ- ten Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the parties; 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision ren- dered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CON- TRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (includ- ing, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's respon- sibility, and the amount of each .applicable Bond will be adjusted accordingly. I . ARTICLE I I —CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the'total compensa- tion (subject to authorized adjustments) payable to CON-; TRACTOR for performing the Work. All duties, responsibili- ties and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjust-' ment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will 32 be valid if not submitted in -accordance with this paragraph 11.2. 11.3: 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: 11.3.1. 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 paragraphs 11.9.1 through 11.9.3. inclusive); 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump .sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit. (determined as provided in paragraph Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no. higher than those prevailing in the locality of the Project, shall include'onl.y the following items and shall not include any of the :costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without lim- itation superintendents, foremen and other personnel em- ployed full- time at the site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe .benefits which shall include social security contributions, unemployment, excise and payroll taxes, work- ers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the'extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services'required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CON- TRACTOR with which. to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materi- als and equipment shall accrue to OWNER, and CON- TRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Sub- contractors for Work performed or furnished by Subcontrac- tors. If required by OWNER, CONTRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted..If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as -CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special. consultants (including but not limited to engineers, architects, testing laboratories, survey- ors, attorneys and accountants) employed for services spe- cifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's em- ployees incurred in discharge of duties connected with the Work.. 11.4.5.2. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are con- sumed in the perfonnance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. - Rentals 'of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agree- ments approved by OWNER with the advice of ENGI- NEER, and the costs of transportation, loading, unload- ing, installation, dismantling and removal thereof —all in accordance with the terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negli- gence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 33 11.4.5.6. Losses and damages.(and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have re- sulted from causes other than the negligence of CON- TRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any _ of them may be liable. Such losses shall include settle- ments made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. If, however, any such loss or damage requires reconstruction and CONTRAC- TOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facili- ties at the site. 11.4.5.8. Minor expenses such as telegrams, long dis- tance telephone calls, telephone service at the site, ex- pressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5.- The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CON- •TRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, ar- chitects; -estimators, attorneys, auditors, accountants; pug- ''chasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4—all of which are to be consid- ered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delin- quent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRAC- TOR, any Subcontractor,'& anyone directly or indi- rectly 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. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTOR's fee allowed to CONTRAC- TOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent; 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor. who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen,percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CON- TRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. *when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown to- gether with supporting data. 34 Cash Allowances: 11.8.. 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 fur- nished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 11.8.1. the' allowances include the cost to CONTRAC- TOR (less any applicable trade discounts) of materials and 'equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and han- dling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior toIfinal payment, an appropriate Change Order will be issued as°, recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work_ an amount equal to the sum of the established unit price for. each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the 'Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifica- tions of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to.be adequate to cover CONTRACTOR's overhead and profit for each sepa- rately identified item. 11.9.3. OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 1 i if: 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and sig- nificantly from the estimated quantity of such item indi- cated in the Agreement; and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes that CONTRAC- TOR is entitled to an -increase in Contract Price as a result of having incurred additional expense or OWNER be- lieves that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12—CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGI- NEER in accordance with paragraph 9.11 if.OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRAC- TOR, 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 12.1. 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, abnormal weather condi- tions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRAC- TOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of CONTRACTOR, or (ii)- 35 shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal of Defective Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period. 13.12.1. If within one year after the date of Substantial Completion or such longer period of time as may be pre- scribed . by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Doc- uments or by any specific provision of the Contract Docu- ments, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defec- tive Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and.. oi) satisfactorily correct or remove and replace any damage to other Work or the work of others 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 the ..'rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such re- moval and replacement (including but riot limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13.12.2. In special circumstances where a particular item of equipment is placed in continuous service before Substan- tial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or re- moval and replacement has been satisfactorily completed. Acceptance of Defective Work: pay all claims, costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). if any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in theContract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties'are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. if the acceptance occurs after such recommenda- tion, an appropriate amount will be paid by CONTRACTOR to OWNER. 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGI- NEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall OWNER May Correct Defective Work: 13.14. if CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CON- TRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall pro- ceed expeditiously. In connection with. such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construc- tion 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 con- tractors and ENGINEER and ENGINEER's Consultants ac- cess to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies 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, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replace- ment of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. 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 hereunder. ARTICLE 14—PAYMENT8 TO CONTRACTOR AND COMPLETION Schedule of Values: lished 14.1 • The schedule ill serve as the basis forb as provided in paragraph pr gress payment and 37 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 com- pleted: Application for Progress Payment: .14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equip- ment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review, of Applications for Progress Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indi- cating in writing ENGINEER's reasons for refusing to recom- mend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sen- tence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment re- quested in an Application for Payment will constitute a repre- sentation by ENGINEER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, infor- mation and belief. 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evalu- ation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other quali- fications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRAC- TOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, in- cluding final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance With the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recom- mend any such payment, or, because of subsequently discov- ered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Writ- ten Amendment or Change Order, 14.7.3. OWNER has been required to correct defec- tive Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the oc- currence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTORs performance or furnishing of the Work, 38 J 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a set-off against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occur- rence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWN- ER's satisfaction the reasons for such action. Substantial Completion: 14.8. Whgn 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 CONTRAC- TOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time 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 sub- stantially 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 Com- pletion 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 fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, EN- GINEER considers the Work substantially complete, ENGI- NEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Sub- stantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pend- ing final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utili- ties, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRAC- TOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. partial Utilization: 14.10. Use by OWNER at OWNER's option of any sub-. stantially completed part of the Work which: (i) has specifically been identified in the Contract Documents, or (ii) OWNER, ENGINEER and CONTRACTOR agree constitutes a sepa- rately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant inter- ference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Com- pletion of all the Work subject to the following: 14.10.1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CON- TRACTOR agrees that such part of the Work is substan- tially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substan- tially complete and request ENGINEER to issue a certif- icate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If. ENGINEER does not consider that part of the Work to be substantially complete, ENGI- NEER will notify OWNER and CONTRACTOR in writ- ing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 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. 14.10.2. ' No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR'that the entire Work or an agreed portion thereof is complete, ENGI- NEER will make a final inspection with OWNER and CON- TRACTOR and will notify CONTRACTOR in writing of all 39 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. Final Application for Payment: 14.12. After CONTRACTOR has completed all such cor- rections to the satisfaction of ENGINEER and delivered in ...accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certifi- cates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRAC- TOR may make application for final payment following the procedure for progress payments. 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 5.4.13, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRAC- TOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satis- factory to OWNER to indemnify OWNER against any Lien. Final Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGI- NEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for pay- ment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Oth- erwise, ENGINEER will return the Application to CON- TRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days'after the presentation to OWNER of the Applica- tion and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGI- NEER will become due and will be paid by OWNER to CONTRACTOR. 14.14. If, through no fault of CONTRACTOR, final com- pletion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGI- NEER, and without terminating the Agreement, make pay- ment of the balance due for that portion.of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written con- sent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Appli- cation for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after final inspection pursu- ant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing ob- ligations under the Contract Documents; and 14.15.2. a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 1.5—SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: 15.1. At any time and without cause, OWNER may sus- pend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. OWNER May Terminate: 15.2. Upon the occurrence of any one or more of the following events: 40 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (in- cluding, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regula- tions of any public body having jurisdiction; 15.2.3. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.4. if CONTRACTOR otherwise violates in any sub- stantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any,) seven days' written notice and to the extent permit- ted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materi- als and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR. If such claims, costs, losses and dam- ages exceed such unpaid balance, CONTRACTOR shall pay the'difference to OWNER. Such claims, costs, losses and damages in by OWNER will be reviewed by ENGI- NEER as,to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so ter- minated by OWNER, the termination will not affect,any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER -will not release CONTRACTOR from liability. - 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effec- tive date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Docu- ments in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising _out of or resulting from such termination. CONTRACTOR May Stop Work or Terminate: 15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public author- ity, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty 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 Agree- ment and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven day's written notice to OWNER and ENG1- NEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CON- TRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRAC- TOR's stopping Work as permitted by this paragraph. ARTICLE 16—DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement," to be attached hereto and made a part hereof. if no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11, and 9.12, OWNER and CONTRACTOR may exercise 41 such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—MISCELLANEOUS.. Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. Computation of Times: 17.2.1: When any period of time is referred to in the Contract. Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.2.2. .**A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute foi• or a waiver of the provisions of any applicable statute of limitations or repose. Cumulative Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CON- TRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14, 14.3 and•15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available. by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply.: Professional Fees and Court Costs Included: 17.5. Whenever reference is made to "claims, costs, losses and damages," it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. [The remainder of this page was left blank intentionally.] 42 EXHIBIT GC -A to General Conditions of the Agreement Between OWNER and CON- . TRACTOR Dated For use with EJCDC No. 1910-8 (1990 ed.) DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions to the Agreement between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relat- ing to the Contract Documents or the breach thereof (except for claims which have been waived by the making or accep- tance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Asso- ciation then obtaining, subject to the limitations of this Article 16. This agreement so to arbitrate and any other agreement or consent'to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date..No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written.decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a de- cision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is accept- able to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information. The demand for arbitration will be made within the thirty -day or ten- day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limita- tions. 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGI- NEER's Consultant and the officers, directors, agents, em- ployees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the atbitration, and 16.4.2. such other person or entity is substantially in- volved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4 if a claim, dispute or other matter in question between OWNER and CONTRAC- TOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontrac- tor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may be entered upon it iri any court having jurisdic- tion thereof, and it will not be subject to modification or appeal. [The remainder of this page was left blank intentionally.] GC -AI 16.7. OWNER and CONTRACTOR agree that they shall tion would irrevocably prejudice one of the parties. The first submit any and all unsettled claims, counterclaims, dis- respective thirty and ten day time limits within which to file a putes and other matters in question between them arising out of demand for arbitration as provided in paragraphs 16.2 and 16.3 or relating to the Contract Documents or the breach thereof above shall be suspended with respect to a dispute submitted to ("disputes"), to. mediation by The American Arbitration As- mediation within those same applicable time limits and shall sociation under the Construction Industry Mediation Rules of remain suspended until ten days after the termination of the the American Arbitration Association prior to either of them mediation. The mediator of any dispute submitted to mediation initiating against the other a demand for arbitration pursuant to under this Agreement shall not serve as arbitrator of such paragraphs 16.1 through 16.6, unless delay in initiating arbitra- dispute unless otherwise agreed. [The remainder of this page was left blank intentionally.] GC-A2 GC-A3 MINORITY BUSINESS ENTERPRISE -- REQUIREMENTS FOR_ FEDERAL_ LOAN.. PROJECTS. It is a federal'r'equirement.'that`recipients' of a'.fedetal loan for wastewater ff'acilities°'award'i-fair share of-subagreements: to small, minority ,_ _. and women s: businesses'.= Fair 'Share is- a -.reasonable`: amount.`of funds -rt.r commensurataj..witli--tlie total -project funding; demographic;'factors d and the availability of� minority ••and-women's= businesses.7. A•= fair:. share does not constitute an absolute goal, but a commitment on the part of the recipient to attempt to u'se minority,' and •'women's businesses. by..: carrying:. out the s it affirmativi'--Aeps= below'. -The recipient. - must -.document -_ the-, actions taken to comply. with the affirmative -steps::. If. the. recipient. has a..; law, ordinance, or executive order which• establishes a: goal: for minority... and/or women s the recipient•m� use.` that:: goal as the ..'fair.; share" objective busiae�sses, for the project." Th'e. a=fir native'. staps;.to:be-+;.foll•owed. by.:..recipi~ents. ZI 1.. Including _qualified: small. --and: minority and women',s busirie"sses..on-.solicitation-:1'_�ts. �... ... �. �Asssring that small and minority and women's businesses are -:solicited :whenever; they_ are potential sources.;:: �- 3:.. Div_dJa- total requirements," when economically feasible, into.- small: tasks_ or -- quantities to; permit _ma-�cimum. _garticipation - -- of : small .`a omen ority and; w.'" business : -4.::.:: Establis.hing:-'delivery: schedules, where the. requirements ire:ae�ts of the 'work p,ermit.,_ which will encourage . part ci:pat .on by small and minority and women's businesses. 5. Using tie services•and••assistance.of-the U.S. Small. Business Administration and the Office of Minority Business Ente.prise of ..the: U. S..:>Department. of... Commerce. `art to a subagieementy to take•the~affiruiative 6. Requiring each party _ ... - steps outlined in items one through five of this section. Definitions 1, nority Business Enterprise (TIDE) is a business concern which is: a, Certified• as -socially -and• economically -disadvantaged by the Small Business Administration. (1).:-socially -disadvantiged individuals trieans such., - _ _ :•. persons:'which are socially disadvantaged because of . their.: identif ication-.as ,members _of certain. groups..-_._. that: -.have: suffered. the effects; ot•: discriminatory.--:..:,:_____ r _ - practices or _similar.. invidious circumstances.; _ (2)= ! Economically -disadvantaged- individuals' zeans� socially disadvantaged individuals .whose ability. _.. ' .. :to compete -in -.the free enterpri.se-'syste is _ •_ , , _. - impaired.. due .to,'. diminished... opportunities to"' I _ _ ... _. ob taro 'capital and-- credit as compared to : - - -; others in the same lire 'oi business who are ne.t socially disadvantaged. Individuals who certify :t►iat .:the are:membe-_:of.na�:ed�groups ;(Black::;'_ Americans,:Eispanic Americats, Native Americans, Asia —Pacific' Americ2ns,=' Asian=Indian . I.mericaris) ; are to -be consicared- socially' and economically •G`; disadvantage&. . b. CeTtiT d °as a'mirioiity,busincss="e:iterpri�e by Statz or federal agency,'or .. , Z " --._ .- ___ - -.. - c. A'ri' indepenet` business 'concern Which is at least 51: percent cc��ed and controlled byirority group "memb_er_(s) : " S.. r L -(I) "minority group member is ar.= iridividuai who is-• a citizen ofthe tnjted States and one of:.the following: (a)- Black: American;_ ;.,,,• Hisp e_c��.(wit horigins::from;;`: `:.;.;.':;.• j:.:�.,a'o_ Puerto-•Rico,.•Me::ico; Cuba, 'South -orAi . Central, America); and, ' (c) Asian—Pacific'American (with origins from Jaoau, China, the Phillipires, Vietn;1r.., Korea, Samoa, Guam, the U. S. Trust Territories of the Pacific, Northern �. . Marianas, Taos, Car..bodia, Taiwan or the Indian subcontinent) . (d) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North Pmerica and maintaining identifiable tribal affiliations through membership and participation or community identification). SrF-30 (?) . In order to. satisfy this third' criteria of the•1-IME definition, . the minority ownership's. inter es t: must be -real;. substantial and continuing.: : Such interest is-characterized"by... _ . : _ _. s:'.. (a) Risk of loss/share-of prof it'..con.mensurate'._ •' i,ith the proportional ownership; and -- (b) Receipt of the customary:: incidents ';of 'r ^ ownership, such as salary and/or intangible _,.. _...:...._,.. benefits.: �'.. ...' •.. _ .. •---..... _ . _.., •.....�_. �� ' - (3) A minority ow-ner must have and exercise ccntrol of the _ .:. :•business: decisions•: '- Characteristics of -.control' include, but are not limited to: "= (a):-.-- Authority .to-, 8�gn `iiids aiid''centracts; - _.... ; : (b)� .Decisions in -'''price ne�otiatiors;'. - (c) In_curring _hiabilities for`rthe�firm, Find 'staffing decissions "Poltc}:;making;=-azd - - ':- .:- . _ �..:__..:-ri'.• ( L• ).::.General COII:_+aT_ly manaaemer, decisions . d:=UL:`I=°°tnose= fins perforriing-a usefu?==business'fLaCtiOi! ectd:din€ao' 'custom='na' practice= in the=industry= area �iL'al- Pied -asp MB s : Actiiick mere-- pa-: concL;t y:: of:.furids to -some other fire where' such- activa.. Y `;ursL-cess•ary te �accomulish -tha' project` toes=`not'. constitute a useful tusiness=function"accord_ng"to custom zn practice-`. iu the industry'.:" = The= pu-tosa o�:, this' approac , nsand-limit-the i�.=oe of- MEG`• "fro"ti srage tYe_tion~` of 2n artifici as supplies• and broker r•�arketp"� ace. vcjidrRSL1c�'1•:'BLSii'ieSS•x COITC�?rna�+'-•:1`.a•8ns:ai:COnCerI1•�:;.1nCZlldi.. g-.. _ = •;%'' that is independently..ow-ned-and operated, not' dominant`du the 'field'of•' opera cion - in i:hich; it is bidding- on government contracts, and qualified Cas a small business• under the •critciia end size standards Cat forth in 13 CFR. 12 1 A. Concern.. lieans any business encity located inside: ti:e United States that is arganize? for prof•=': (•even o�i_ oi..ked by a noi�prof.it entity) , .pays U. S. to es, ant'./or uses t.�,erican 'prooucts, materials,' and/or labor, etc. P. ccriccru ...mpy. be an. individual, a . partnership, a. col:poration, a joint vencur%!, an. association, or a cooperative. b. Not dominant in the field of operation means not exercising a_cortrolling• or•..major. influence in. an.industry.:.'A controlling :or: major: influence: can. be-derived from factors such as business _volume, 1'number,.of; employees, financial•_resources; •competitive-- . Hess, - ow-nership, or • control- of: materials;7•.processes, patent ..-license. agreements, ifacilities, sales territory, and nature of businss .activity.... C. Affiliates. Business concerns are affiliates 'of each other., if directly-= or: indirectly:... (1) Either one controls or has the. power. to: control the other; or -... _. (2) -...:Another concern - controls cr. -has -,the power . to_ control both. in determining whether..:affiliation, exists; consideration+. is ' g:•ver. to all appropriate factors including common ow::ersh=p, common management;_and .contractual relationships;: provided that 'restraints imposed by a franchise agreement are rot :. considered; :ir0 detexmining.:whether .the--- f ranchisor=: ccrtr.ols .:off has: the .power: to• control the franchisee, if the_ fra nchisaa has the- right to- pro=it :from its: -efor-ts,:,commensurate with : ow=, ership, and bears the risk of loss or failure. Any business• er_tity may .be an ..affil ate, . wh_ether . or- not it is - organized for profit or located inside the.lnited States. d..Anrua! receipts. Means the grass i::come (less returns : and- allowaa.ces :.sales:: of-fi.:ced- assets, and =interaffiliate transactions) of=z concern .(and- domes tic. and--foreig:: -'affiliates) from_=.sales_' of..produc_ts and- services,., inter-s-, _•.rents;a: ' fees; _ com ssions,; id�or from whatever other _ ounces derived°- for. it-s; most recently. completed ;fiscal.: year- (whether;,on: a cash, accrual,,_compJ.eted.'.contrasts-,._ percentage _of. . completion, or- other.. acceptable accounting basis) . - i= a : concern -has- been -in- business. less than a yzal",.. 1tS- annual :=.receipts for the: purpose of a size standard will be.based on one. year's receipts and shall be computed by dividing its R;average,.weeklyT_f. a, concern. has; been...in :''_business::less than three years,`its a�*erage `sanual::rece p`s: for :the purpose_.of a size. standard based on three years'-: : receipts; shall.be.. computed by determining its average weekly receipts for the period in which it has been. ir...,• business, and multiplying such' figure. by 52. SAF-32 I£ a conceru'acquir'ed an affiliate during the applicable accounting period, the affiliate's receipts for the period during which-. it. was an affiliate -must be -added to the ic applant's receipts.' -,The receipts of. a�. former: affiliate are -- not included,:: even if such a concern. has been an affiliate during a.•portionyo.f„the,'.appl.icable- accounting period. _ - 3.' Positive,Efforts�:are,documentable:attempts to;use small business and minority. businesses 4. Women'sBusiness..Ente'rprise' (WBE)- is a business;.which-,is.- certified as .such by a State or. -.federal; agency;-or.which meets the following definition: A. ;.omen's business.'renterpris.er is -an independent business concern which. is at least 51 perceat.,owned by a..womika or women, who, also, control and operate it. Determination of I� whether a business is''at least 51 percent owned by a woman or otherwise qualified WBE which is 51 percent owned by a married woman in a co —in property State will not be disgiialified..becausa .he husband•...has.•a..50::perceat:--interest in - her share::'::'. Similarly, "a' business which is 51 percent owned by..a married man and 40, percent owed by a unmarried woman will.. not. become a qualified WBE by virtue.of his wife's 50 percent intergst.in-his share of the business." As.'in-the case'of an MBE, only United States citizens will be dea=ed.to•by- WBEs. Similar to the MBE criteria, WBE should meet the criteria cited in subparagraphs 3 c.(2) and •(3).and 3.d. In;order.'.to comply with the MBE requirements of the federal loan projects; the;.Special Notice t� �;�,;A, ��,^II •1;= 410 MEET ULOCO ULOCO is an abbreviation for Utilities Locating Company, a Corporation formed and funded by participating utility companies and municipalities in the interest of community and job safety and improved service through damage reduction to the utilities. A one call toll free number, 1-800-632-4949, provides an avenue to all of the participating members from any point within the State of North Carolina. Anyone proposing to excavate, dig, bore, tunnel, blast or disturb the earth in any manner in which buried utilities may be damaged is requested to call the toll -free number between the hours of 7:00 a.m. and 5:00 p.m., Monday, through Friday, forty-eight hours before starting the proposed work. Within minutes of your telephone call, the participating members will be made aware of your plans and will be given pertinent information that has been provided by you about your planned work. You will be told the names of the participating members from whom you can expect a response. If there are buried facilities in the path of your activity, the route of the utilities will be staked and/or marked at no expense to you. If there are no facilities in the area of the planned work, you will be called or notified by a representative of the participating company accordingly. Should a non -participating utility operator be serving your area, we recommend that you call them on an individual basis. All utility operators, whether company or municipality, will be provided an opportunity to become a member of ULOCO. Naturally, knowing the route of the utilities, the excavator is expected to exercise caution and to avoid damage as the project progresses. Damage prevention doesn't just happen - it is a planned and orderly process through which each of us can participate - Yes, we can and will dramatically reduce damages to the utilities in the State of North Carolina! Thanks for your help. BEFORE YOU DIG IN THE INTEREST OF COMMUNITY AND JOB SAFETY AND IMPROVED SERVICE CALL ULOCO 1-600-632-4949 ULOCO SECTION 01200 PART 1: GENERAL 1.01 SUMMARY OF WORK A. This project generally includes the following: SPECIAL CONDITIONS Approximately 3200 LF of 8" sanitary sewer line and appurtenances extending between the wastewater treatment plant on US129 and Knight Street and Willie Colvin Road. 1.02 PROJECT MEETINGS A. PRECONSTRUCTION CONFERENCE A preconstruction conference will be scheduled by the Engineer within 14 days after issuance of the Notice to Proceed. The Contractor and his major subcontractors shall attend the meeting, which will be chaired by the Engineer or his representative. The purpose .of the pre -construction conference will be to discuss administration of the Contract and the execution of work, and to answer any questions relative to performance of work under these Contract Documents. All decisions, instructions and interpretations made at this conference shall be binding and conclusive. The proceedings of this conference will be recorded and copies of the proceeding minutes will be issued to the Contractor for his use and distribution to his subcontractors. B. PROGRESS MEETINGS The Contractor and any subcontractors, material suppliers or vendors whose presence is necessary or requested shall attend meetings, referred to as Progress Meetings, when requested by the Engineer or his representative for the purpose of discussing the execution of work. Each meeting will be held at the time and place designated by the Engineer or his representative at these meetings shall be binding and conclusive on the Contractor and such decisions, instructions and interpretations shall be confirmed in writing by the Engineer or his representative. The proceedings of these meetings will be recorded and the Contractor will be furnished with a reasonable number of copies for his use and for his distribution to the subcontractors, material suppliers and vendors involved. Rev. 1017/98 PROJECT #99710 01200 - Page 1 1.03 PROJECT PAYMENTS AND RETAINAGE A. The Owner may retain a portion of the amount otherwise due the Contractor. Except as provided elsewhere, the amount retained by the Owner shall be limited to the following: 1. Withholding of not more than 10% of the payment claimed until -. work is 50% complete. 2. When work is 50% complete, reduction of the withholding to 5% of the dollar value of all work satisfactorily completed to date, provided that the Contractor is making satisfactory progress and there is not specific cause for greater withholding. 3. When the work is substantially complete (operational or beneficial occupancy), the withheld amount shall be further reduced below 5% to only that amount necessary to assure completion. 4. The Owner may reinstate up to 10% withholding if the Owner determines, at its discretion, that the Contractor is not making satisfactory progress or there is other specific cause for such withholding. 5. The Owner may accept securities negotiable without recourse, conditions or restrictions, a release of retainage bond or an irrevocable letter of credit provided by the Contractor in lieu of all or part of the cash retainage. B. For unit price projects, the Contractor may use the "Unit Bid Item Summary" form included at the end of this section, or a similar form that provides the required information. C. SALES TAX STATEMENT When requested by the Owner, each request for progress payment submitted by the Contractor shall include a sales tax reimbursement statement. The Contractor shall utilize the form provided at the end of this section, or a similar form that provides the required information and certification. Rev. 10/7198 PROJECT #99710 01200 - Page 2 4 1.04 SUBMITTALS A. GENERAL All transmittals from the Contractor shall be accompanied by a transmittal cover form that includes pertinent information related to the project and the particular transmittal. The Contractor shall use the "Transmittal Form" provided at the end of this section, or a similar form that includes the required information. B. CONSTRUCTION SCHEDULE The Contractor shall, within thirty (30) days after receipt of the Notice of Award, prepare and submit to the Engineer for approval a practicable construction schedule showing the order in which the Contractor proposes to carry on the work, the date on which he will start the several salient features and the contemplated dates for completing such salient features. The schedule may be in any form, at the option of the Contractor, but shall maintain current with each submittal for progress payment, at least the following information. 1. The various classes and area of work broken down into times projected for submittals, approvals and procurement; times for installation and erection; and times for testing and inspection. 2. The work completed and the work remaining to complete the project. 3. Any items of work which will delay the start or completion of other major items of work so as to delay completion of the whole project. C. MATERIAL SUPPLIERS AND SUBCONTRACTOR LISTINGS As soon as possible, but in no case more than 30 days after receipt of the Notice of Award, the Contractor shall supply the names and addresses of all major material suppliers and subcontractors to the Engineer. D. SHOP DRAWINGS AND SAMPLES The Contractual requirements for shop drawings and samples are specified in the General Conditions and in the individual specification sections for each item. The Contractor shall submit shop drawings and samples accompanied by the "Submittal and Routing Form" included at the end of this section. Resubmissions, where required, shall be in accordance with the procedures established for the initial submittal. Rev. 1017/98 PROJECT #99710 01200 - Page 3 E. RECORD DOCUMENTS Record drawings will not be required of the Contractor; however, to enable the Owner to prepare record drawings, the Contractor shall keep a complete and accurate record of changes and/or deviations from the Contract Documents and shop drawings, indicating the work as actually installed. Changes shall be neatly and correctly shown on the respective portion of the affected document, using prints of the Drawings affected, or the Specifications, with appropriate supplementary notes. The record set of marked -up Drawings, shop drawings, and Specifications shall be kept at the job site during construction and be available for inspection by the Engineer and the Owner. These marked prints shall be included in the package of final documentation submitted before final payment is required. 1.05 TYPES AND LIMITS OF INSURANCE A. CERTIFICATES OF INSURANCE Satisfactory certificates of insurance shall be filed with the Owner through the Engineer prior to starting any construction work on this contract. The Owner will be named as an additional insured on all policies of insurance and all certificates shall contain a 60-day Notice of Cancellation. In connection with the provisions set forth in the General Conditions Article 2.7, the Notice to Proceed will not be issued until satisfactory certificates of insurance are filed. Worker's Compensation and Employer's Liability This insurance shall protect the Contractor and Owner against all claims under applicable state workmen's compensation laws. The Contractor and Owner shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workmen's compensation law. This policy shall include an "all states" endorsement. The liability limits shall be not less than: a. Worker's Compensation.:.......... Statutory b. Employer's Liability ................... $100,000 each occurrence Rev. 10/7/98 PROJECT #99710 01200 - Page 4 2. - Comprehensive Automobile Liability This insurance shall be written in comprehensive form and shall protect the Contractor and Owner against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles, and shall cover operation on or off the site of all motor vehicles licensed for highway use, whether they are owned, non -owned or hired. The liability limits shall be not less than: a. Bodily Injury ...........................$100,000 each person $300,000 each occurrence b. Property Damage ....................$100,000 each occurrence $100,000 aggregate 3. Comprehensive General Liability This insurance shall be written in comprehensive form and shall protect the Contractor and Owner against all claims arising from injuries to persons other than his employees or damage to property of the Owner or others arising out of any act or omission of Contractor or his agents, employees, or Subcontractors. The policy shall also include protection against claims insured by usual personal injury liability coverage and shall include a "protective liability" endorsement to insure the contractual liability assumed by the Contractor under the indemnification provisions in the General Conditions, and "Completed Operations and Products Liability" coverage (to remain in force during the correction period). To the extent that the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of building, or damage to underground property. a. Bodily Injury ...........................$100,000 each person $300,000 each occurrence b. Property Damage ....................$100,000 each occurrence $100,000 aggregate Rev. 10/7/98 PROJECT #99710 01200 - Page 5 4. Umbrella Liability Policy This insurance shall protect the Contractor against all claims in excess of the limits provided under the workmen's compensation and employer's liability, comprehensive automobile liability, and general liability policies. The liability limits of the umbrella liability policy shall not be less than $5,000,000. 1.06 DELIVERY, STORAGE AND HANDLING A. The Contractor shall be responsible for delivery, storage and handling of all materials and equipment, unless otherwise noted. All material and equipment shall be shipped to arrive at the job site on the dates indicated on the purchase order. The following information shall be supplied: 1. The contents and bill of lading, number of shipments. 2. The method of shipments. 3. The date of shipment. 4. The name of the construction project. B. Prior to shipment, all items shall be properly prepared to protect all critical areas from the effects of weather, normal expected transport and on site handling. C. Items shall be tagged and marked with equipment and/or motor numbers as per the manner stipulated in the purchase order. D. All spare parts and expendable supplies shall be properly created, marked, and shipped to the job site on the date specified. 1.07 ENCROACHMENT AGREEMENTS The Town of Robbinsville has been granted a right-of-way encroachment agreement from the North Carolina Department of Transportation for all work occurring within their right-of-way. All provisions of these arrangements are in accordance with the policies and procedures of each agency and are incorporated into the plans and specifications. Rev. 1017/98 PROJECT #99710 01200 - Page 6 I I PART 2: PRODUCTS 2.01 EQUIPMENT AND MATERIAL STANDARDS A. All equipment and materials of construction described in this specification shall meet the more stringent requirements of the applicable codes listed below: 1. OSHA - Occupational Safety and Health Administration. 2. ASTM - American Society for Testing Materials. 3. ANSI - American National Standards Institute. 4. AGMA - American Gear Manufacturers Association. 5. AISC - American Institute of Steel Construction. 6. AWS - American Welding Society. 7. NEC,- National Electric Code. 8. NEMA - National Electrical Manufacturers Association. 9. API -American Petroleum Institute. 2.02 QUALITY ASSURANCE A. All equipment shall, after installation by the Contractor, shall be inspected, - tested and started up by a qualified representative of the equipment manufacturer. The Contractor and the manufacturer's representative shall complete the "Equipment Start-up Form" provided at the end of this -" section and submit the completed form to the Engineer. B. The listing of a manufacturer in the specifications does not necessarily imply that the manufacturer's standard equipment meets the requirements of the specifications, but that the manufacturer listed has the capability to meet the requirements of the specifications. PART 3: EXECUTION 3.01 SPECIAL REQUIREMENTS 0 LIMITS OF CONSTRUCTION The Contractor shall confine all operations and personnel to the limits of construction as shown on the plans. There shall be no disturbance whatsoever of any areas outside the limits of construction nor shall the workmen be allowed to travel at will through the surrounding private property. 6 Rev. 10/7/98 PROJECT #99710 01200 - Page 7 B. CONSTRUCTION SUPERINTENDENT The Contractor shall place in charge of the work a competent and reliable superintendent, who shall have the authority to act for the Contractor and who shall be accountable to the Engineer. The Contractor shall, at all times, employ labor and equipment sufficient to accomplish the several classes of work to full completion in the manner and time specified. C. SITE CONDITIONS 1. The Contractor shall maintain the work and project grounds free from rubbish, debris and waste materials during all phases of the work. 2. Immediately upon completion of the work and prior to final acceptance, the Contractor shall remove all rubbish, debris, temporary structures, equipment, excess or waste materials and shall leave the work and project grounds in a neat and orderly condition that is satisfactory to the Engineer and Owner. D. RIGHT OF ENTRY The Engineer and his representative will at all times have access to the work. In addition, authorized representatives and agents of any participating Federal or State agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. E. TEMPORARY CONSTRUCTION SERVICES AND FACILITIES The Contractor shall obtain all necessary permits, licenses, etc. and shall pay all costs incident to the furnishing, installing and maintenance of temporary utility services and facilities required for the duration of the work. F. CONTROL OF EROSION, SILTATION AND POLLUTION 1. Surface drainage from cuts and fills within the construction limits, whether or not completed, and from borrow and waste disposal areas, shall, if turbidity producing materials are present, be graded to control erosion within acceptable limits. Temporary erosion and sediment control measures such as berms, dikes or drains, if required to meet the above standards, shall be provided and maintained until permanent drainage and erosion control facilities Rev. 10/7/98 PROJECT #99710 01200 - Page 8 are completed and operative. The area of bare soil exposed at any one time by construction operations should be held to a minimum. Fills and waste areas shall be constructed by selective placement to eliminate silts or clays on the surface that will erode and contaminate adjacent streams. 2. The Contractor shall take whatever measures are necessary to minimize soil erosion and siltation, water pollution, and air pollution caused by his operations. The Contractor shall also comply with the applicable regulations of all legally constituted authorities relating to pollution prevention and control. The Contractor shall keep himself fully informed of all such regulations which in any way affect the conduct of the work, and shall at all times observe and comply with all such regulations. In the event of conflict between such regulations and the requirements of the specifications, the more restrictive requirements shall apply. 3. The Engineer shall have the authority to limit the area over which clearing and grubbing, excavation, borrow, and embankment operations are performed whenever the Contractor's operations do not make effective use of construction practices and temporary measures which will minimize erosion, or whenever construction operations have not been coordinated to effectively minimize erosion, or whenever permanent erosion control features are not being completed as soon as permitted by construction operations. 4. The Contractor shall control dust throughout the life of the project within the project area and at all other areas affected by the construction of the project, including, but not specifically limited to, unpaved secondary roads, haul roads, access roads, disposal sites, borrow and material pits, and production sites. Dust control shall not be considered effective where the amount of dust creates a potential or actual unsafe condition, public nuisance, or condition endangering the value, utility, or appearance of any property. 5. The Contractor will not be directly compensated for any dust control measures necessary, as this work will be considered incidental to the work covered by the various contract items. G. DISPOSAL OF MATERIALS Debris and waste materials, including all combustibles, shall be removed by the Contractor from the construction area unless otherwise approved in writing by the Owner or his Representative. Rev. 1017/98 PROJECT #99710 01200 - Page 9 H. QUANTITIES OF ESTIMATE The estimated quantities of work to be done and materials to be furnished under this Contract shown in any of the documents, including the proposal, are given for use in comparing bids and to indicate approximately the total amount of the contract; and the right is especially reserved, except as herein otherwise specifically limited to, to increase or diminish the quantities as may be reasonably necessary or desirable by the Owner to complete the work contemplated by this Contract. I. UTILITY COORDINATION T The Contractor shall make all necessary arrangements with private and public utility companies to avoid any possible damage to or interruption of utility equipment or service. The Contractor shall be responsible for all inquiries concerning locations of utility lines. Repair of any damage to public or private utilities resulting from this work shall be the responsibility of the Contractor. J. CONSTRUCTION SURVEYING All work shall be constructed in accordance with the lines, grades and elevations shown on the plans or as given by the Engineer in the field. The Contractor shall be fully responsible for maintaining alignment and grade. All principal controlling points and base lines for locating the principal components of the work together with a suitable number of benchmarks adjacent to the work will be provided by the Engineer. From this information, the Contractor shall verify benchmarks and develop and make all detail surveys needed for construction. The Contractor shall protect and safeguard all points, stakes, grade marks, monuments, and benchmarks at the site of the work and shall re-establish, at his own expense, any marks which are removed or destroyed due to his construction operations. K. RIGHT TO STOP WORK The Engineer or his authorized representative has the authority to stop _ the Contractor from further work progress if, during the construction, the Engineer deems the work being performed is not in compliance with these Contract Documents. L. USE OF EXPLOSIVES 1. If the use of explosives is necessary for the prosecution of the work, the Contractor shall exercise the utmost care not to endanger Rev. 10/7/98 PROJECT #99710 01200 - Page 10 life or property. The Contractor shall be responsible for any and all damage or injury to persons or property resulting from the use of explosives. Such responsibility shall include, but shall in no way be limited to, all damages arising from all forms of trespass to adjacent property as a result of blasting by the Contractor. 2. All explosives shall be stored in a secure manner, in compliance with all laws, and all such storage places shall be marked clearly "DANGEROUS EXPLOSIVES". M. USE OF CHEMICALS All chemicals used during project construction, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must show approval of either EPA or USDA. Use of all such chemicals and disposal of residues shall be in conformance with instructions. N. SAFETY AND HEALTH REGULATIONS 1. The Contractor shall comply with all Federal, State and Local Safety and Health Regulations including the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (P.L. 91 - 596) and under Section 107 of the Contract Work Hours and Safety Standards Act (P.L. 91-54). 2. The Contractor shall provide continuous, safe access to all properties, both public and private, along the project in all cases where such access will be provided by the completed facility and shall conduct his operations in such a manner that inconvenience to the property owners will be held to a minimum. O. EQUIPMENT AND MATERIAL STORAGE The Contractor shall plan his activities so that all materials and equipment can be stored within the project limits. There shall be no disturbance whatsoever of any areas outside the project limits without the prior approval of the Engineer. P. DISTURBED AREAS All areas disturbed as a result of the work of the Contractor shall be restored to the original or better condition. Reasonable care shall be taken during construction to avoid damage to the Owners property or that of any adjacent property owner(s). ^I' I Rev. 10/7/98 PROJECT #99710 01200 - Page 11 Q. TREE AND PLANT PROTECTION No trees or shrubs except those specifically indicated, shall be removed or trimmed without prior approval from the Engineer. All trees and shrubs within the construction limits to be retained by the Owner shall be properly protected by fencing, posts or other means approved by the Engineer. Where any trees or shrubs are damaged or where limbs are required to be trimmed or removed because of operations under this Contract a qualified horticulturist shall be consulted and the trimming performed in the proper manner. Any landscape plantings severely damaged or which - die as a result of the Contractor's operations shall be replaced at no additional cost to the Owner. R. TEMPORARY SANITARY FACILITIES The Contractor shall be solely responsible for furnishing and maintaining temporary sanitary facilities during the construction period. Such facilities shall include but not be limited to, potable water supply and toilet facilities. Such facilities shall be in compliance with all applicable state and local laws, codes, and ordinances and shall be placed convenient to work stations and secluded from public observation. Once the project is completed all temporary sanitary facilities shall be removed by the Contractor. S. TRAFFIC MAINTENANCE 1. The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient warning lights, danger signals, and signs, shall provide a sufficient number of flagmen to direct the traffic and shall take all necessary precautions for the protection of the work and the safety of the public. 2. All barricades and obstructions or hazardous conditions shall be illuminated as necessary to provide for safe traffic conditions. 3. Warning and caution signs shall be posted throughout the length of any portion of the project where traffic flow is restricted. 3.02 PROJECT CLOSE-OUT A. FINAL DOCUMENTATION Prior to final payment, and before the issuance of a final certificate for payment in accordance with the provisions of the General Conditions, the Contractor shall file with the Engineer the documents listed hereinafter: Rev. 10/7/98 PROJECT #99710 01200 - Page 12 1. Guarantees - The Contractor's one (1) year guarantee required by the General Conditions and all other guarantees stated in the Specifications. 2. Release of Waiver of Liens - As required by General Conditions. The Contractor shall utilize the form provided at the end of this section. 3. Project Record Documents - Record documents shall be as specified in Section 01200-1.04.D B. SUBMITTALS The above records shall be arranged in order, in accordance with the various sections of the Specifications, and properly indexed. At the completion of the work, the Contractor shall certify by endorsement thereof that each of the revised and marked -up prints of the Drawings and Specifications is complete and accurate. C. No review or receipt of such records by the Engineer or the Owner shall be a waiver of any change from the Contract Documents or the shop drawings, or in any way relieve the Contractor of his responsibility to perform the work as required by the Contract Documents, and the shop drawings to the extent they are in accordance with the Contract Documents. END OF SECTION (Recommended Standard Front End Documents follow) Rev. 10/7/98 PROJECT #99710 01200 - Page 13 UNIT BID ITEM SUMMARY ITEM # DESCRIPTION UNIT OF MEAS. CONTRACT UNIT BID TOTAL WORK LAST APPL. WORK THIS APPLICATION TOTAL WORK TO DATE TOTAL PAYMENT EARNED A B C D E (G FROM LAST APPL,) F G (E&F) H (DXG) unbidsum.doc SALES TAX REIMBURSEMENT FORM PROJECT CONTRACTOR OWNER FOR PERIOD VENDOR ADDRESS INVOICE DATE AMOUNT N.C. TAX COUNTY COUNTY m ♦ NY LT A X XT' I, _ , being duly sworn, certify that the foregoing statement of sales tax paid in connection with the referenced contract does not contain sales or use taxes paid on purchases of tangible personal property purchased by such contractors for use in performing the contract which does not annex to, affix to or in some manner become a part of the building or structure being erected, altered or repaired for the governmental entities as defined by G.S. 105-164.14(c) and is to the best of his/her belief, true and correct. Signature Sworn to before me this day of , 19 Title My commission expires slswun.doc otary Public () Shop Drawings () Printed Materials () Other TRANSMITTAL FORM Transmittal Date: Return Date: REFERENCE: FOR: () Transmittal Only Project ( ) Approval Owner ( ) Approved as noted Address ( ) Revise & Resubmit Location FROM: Name TO Name Company Company Address Address telephone/fax telephone/fax Project Ref. No. By: Signature transmit.doc • 'OmMC A S S O C I A T E S ATTENTION: CONSTRUCTION ADMINISTRATION SUBMITTAL AND ROUTING FORM (TO BE USED WITH EACH INDIVIDUAL PLAN SUBMITTAL OR SHOP DRAWING) SUBMITTAL AND APPROVAL (Contractor to complete) Project Name: McGill Project #: Contractor: Submittal #: Contract for: Specification Section: Submittal Title: Sheet/item numbers: Subcontractor: Supplier: Date Transmitted: Date Needed: Change from Contract Documents? Yes No Attached documentation: Complete Submittal? Yes No The Contractor must review and approve this submittal for all requirements and conformance to Contract documents prior to submittal to McGill Associates. Submittals forwarded without the Contractor's approval will be returned without review or comment. Reviewed by: Date: McGILL ASSOCIATES SUBMITTAL ROUTING (McGill to complete) Date Received: Logged by: To: Return by: REVIEW CODES: I = Approved: 2 = Approved as Noted: 3 = Revise & Resubmit: 4 = Not Approved Reviewed by (in order) Review Code COMMENTS Date Initials Project Engineer's approval: Date NAME: NUMBER: LOCATION: OWNER: OTHER: NAME OF EQUIPMENT CHECKED: NAME OF MANUFACTURER OF EQUIPMENT DATE: DRAWING NO.: SPEC. SECTION: 1..The equipment furnished by y us has been checked on the job by us. We have reviewed (where applicable) the performance verification information submitted to us by the Contractor. The equipment is properly installed, except for the items noted below.* Name of Manufacturer's Representative Address & Phone No. of Representative Name of General Contractor Authorized Signature/Title/Date Signature and Title of Person Making Check [ Name of Subcontractor Date Checked u Authorized Signature/Title/Date MANUFACTURER'S REPRESENTATIVE Notations: Exceptions noted at the time of check were. Manufacturer's Representative to note adequacy of related equipment that directly affects operation, performance or function of equipment checked. (No comment presented herein will indicate adequacy of related systems or equipment.) u N COPIES TO: ❑ OWNER: ❑ ENGINEER: ❑ ARCHITECT: EquipStartup.doc ❑ CONTRACTOR: ❑ FIELD: ❑ OTHER: CONTRACTOR'S FINAL AFFIDAVIT AND WAIVER OF LIEN PROJECT: OWNER: CONTRACTOR: CONTRACT AMOUNT: STATE OF: CONTRACT DATE: COUNTY OF: DATE: This is to certify that all claims for labor, material, services and any other just claims arising out of the performance of this Contract have been satisfied, except for payment to subcontractors to be made out of retainage presently being held by the Owner, and that no claims or liens exist against this Contractor in connection with this contract; that to the best of our knowledge no claims or liens exist, and if any such claims or liens appear after payment of the retained amount due on the Contract, this Contractor shall save the Owner harmless on account thereof. After payment of the retained amount the undersigned does hereby waive, release and relinquish any and all claims or rights of lien presently held or hereafter accruing upon the above project. CONTRACTOR: BY: TITLE: Sworn to and subscribed before me this day of 19 (Notary Public) My Commission expires: relolien.doc SECTION 01705 PART 1: GENERAL 1.01 SCOPE OF WORK MOBILIZATION The work covered by this section consists of preparatory work and operations, including but not limited to those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; for the establishment of all offices, building, and other facilities necessary for work on the project; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various items on the project site. Included in this item will be the erection of all construction signs and signals, traffic warning devices, project sign and other preparatory signs. PART 2: NOT USED PART 3: NOT USED PART 4: MEASUREMENT AND PAYMENT 4.01 COMPENSATION Partial payments for the item of "Mobilization" will be made with the first, second and third partial pay estimates paid on the contract, and will be made at the rate of 33% of the lump sum price for "Mobilization" on each of these partial pay estimates. The amount for "Mobilization" in the approved schedule of values shall not exceed 3% of the total project bid. Rev. 5110/99 PROJECT #99710 SECTION 01705 - Page 1 SECTION 02200 PART 1: GENERAL 1.01 SCOPE OF WORK A. GENERAL EARTHWORK The work included in this section consists of the grading of the project area. The work includes: 1. Site clearing and off -site disposal of all debris and unsuitable material. 2. Removal of all topsoil, organically contaminated soil and existing unsuitable fill. 3. Proofrolling and grading of the property to the prescribed elevations. 4. Stockpiling or wasting on site of any excess cut material for providing acceptable material as required to obtain the desired grades. PART 2: PRODUCTS 2.01 MATERIALS A. UNSTABLE MATERIAL 1. Organically contaminated soils must be removed from the area of grading operations. At the discretion of the Engineer, topsoil within the area to be stripped shall be stockpiled in a convenient area, selected by the Engineer, for later use in planting area. All topsoil shall be graded by the Engineer as suitable and shall be stockpiled separately as directed by the Engineer in the field. 2. Soft or excessively yielding material shall be removed and replaced with inert controlled fill. B. FILL MATERIAL 1. Material to be used for fill shall be approved by the Engineer. Rev. 9122/99 PROJECT #99710 02200 - Page 1 2. All roots, organic matter, trash, debris, and other unsuitable materials that may find their way into otherwise acceptable fill material shall be removed during the dumping and spreading operations. 3. Broken rock and boulders larger than 6" in any dimension may not be used as fill without the specific approval of the Engineer. 4. Frozen soil shall not be used for fill. 5. Fill material shall have a maximum laboratory dry weight, ASTM D- 698, of at least 100 pounds per cubic foot unless specifically exempted from this requirement by the Engineer. PART 3: EXECUTION 3.01 PREPARATION A. SURFACE PREPARATION 1. After removal of all existing topsoil, debris, and other undesirable material, the areas which are to receive fill, which have been cut to the desired grade, or which are at the approximate required subgrade elevation without additional earthwork, should be proofrolled to locate any soft or yielding area. Proofrolling shall be done with at least four overlapping passes of a heavy-duty flat wheel vibratory roller, at least 20 tons, or by its approved equivalent. 2. Any soft, or excessively yielding material revealed by the proofrolling shall be removed and replaced with inert controlled fill. The Engineer shall be the sole judge of what constitutes soft or excessively yielding material. 3. Drainage from existing watercourses, springs or other sources should be rerouted out of the earthwork area. The Contractor shall take special care to remove all organically contaminated sediment, saturated soil, and other undesirable material from existing watercourses. B. BLASTING AND DAMAGES Where blasting is done, it shall be done by qualified personnel and in accordance with all federal, state or local requirements and procedures. The Contractor shall be responsible for any damage done to adjoining properties, or to persons, by reason of the blasting or other earthwork operations. The Contractor shall also be responsible for damage to Rev. 9/22199 PROJECT #99710 02200 - Page 2 embankments and cut areas, and sewer, water, gas or other underground lines which may result from blasting or earthwork operations. All such damage shall be repaired and made good by the Contractor in a timely manner. 3.02 INSTALLATION A. FILLING AND COMPACTION 1. After a stable non -yielding surface has been established, the surface of the area to be filled shall be scarified with a disc or harrow to a depth of 4" to 6". An initial 3" layer of fill material shall then be spread over the scarified surface and the entire area compacted as specified below. 2. No fill shall be placed on any area until that area has been inspected and approved by the Engineer. Fill shall not be placed on a snow covered or frozen surface. Fill materials shall be spread in uniform horizontal layers not exceeding 8" in uncompacted thickness. Alternating layers of cohesive and granular fill soils shall not be permitted. Spreading and compacting of fill material should be started at the lowest portion of the site. All fill must be placed in horizontal layers. Sloping fill planes will not be permitted. Fill material shall be distributed over the full width of the embankment, and in no case will deep ruts be allowed to form. 3. Keyways shall be provided at the toe of each fill slope as shown on the drawings. As each layer of fill meets the natural grade of a slope, a bench, approximately 7 to 8 feet wide, shall be cut into the existing grade with each layer of newly placed fill. If rock is encountered at the face of the natural grade, the original ground shall be cut in vertical steps of 4 to 5 feet and a horizontal bench cut into the rock at the top of each vertical increment. A horizontal plateau, approximately 15 to 20 feet wide, should be provided in the existing slope at vertical intervals of roughly 25 feet. Subsurface drains shall be installed at the toe of the slope and wherever springs or excessive seepage are encountered. Drains should be led to the outside face of the embankment and the water picked up and carried away in such a manner as to avoid softening the embankment or its toe, or producing erosion gullies. 4. Before compaction begins, the fill shall be brought to a water content that will permit proper compaction. This may require aerating the material if it is too wet, or the addition of water if it is too dry. If additional water is required, it should be uniformly distributed through Rev. 9122199 PROJECT #99710 02200 - Page 3 the use of approved water wagons, and shall be thoroughly incorporated into the material by means of discs or other suitable mixing equipment. Care shall be taken to avoid trapping water within the fill. 5. The standard Proctor method of moisture -density relationship test, ASTM D 698 or AASHTO T-99, shall be used to determine the maximum laboratory dry density and the optimum moisture content of the material which is to be used for fill. 6. Each layer of fill material shall be compacted until its density is not less than 95% of the maximum laboratory dry density for the same material. The moisture content of compacted cohesive materials shall not vary by more than two (2) percentage points from the optimum moisture content for the same material, providing excessive yielding is not produced within this range of moisture contents. Where, in the opinion of the Engineer, proposed fill material is too wet to permit drying in a reasonable length of time, the Engineer may reject the material and it must be removed from the work area. 7. The above compaction requirements are to be satisfied for all soil and weathered or soft rock fills. Weathered or soft rocks are those that can be broken down and disintegrated under normal compaction procedures and equipment. 8. At the close of each day's work, or where work is to be interrupted for a period of time, the surface of the site shall be shaped to drain freely, and sealed. If after a prolonged rainfall, the surface of the area to be filled or cut is too wet to work properly, the unsuitable material shall be removed to expose workable soil. The wet material removed may be dried and reused. Construction traffic shall be controlled so as to prevent rutting of graded areas and to avoid overrolling of any section. 9. All cut areas shall be rolled and compacted to produce a compaction equal to that of the filled area. If soft or yielding material is encountered in cuts, or fills as a result of trapping water, overrolling or improper control of construction traffic, and cannot be satisfactorily stabilized by moisture control, compaction or other means approved by. the Engineer, the unstable material shall be excavated to the depth required by the Engineer. The excavation shall then be filled with suitable compacted material in accordance with the requirements outlined above. Rev. 9122/99 PROJECT #99710 02200 - Page 4 B. GRADING a 1. Elevations shown on the plans are finished ground unless otherwise noted. Grading shall be maintained in such a manner as to provide free surface drainage of the site at all times without any ponding of water. 2. Provide ditches and swales to the cross -sections and grades shown on the drawings. Cut ditch subgrades 4" below the grades shown and provide 4" of topsoil where the plans call for seeding or sodding of the ditch. Keep ditches and swales free of accumulations of debris or washed in material until final acceptance of work by the Engineer. 3. Shape all surfaces to within not more than 0.10 feet above or below the required subgrade elevations and free from irregular surface changes. C. MAINTENANCE 1. The Contractor shall be responsible during construction and until final acceptance for the maintenance of all embankments made under the Contract. 2. During construction and until final acceptance; the Contractor shall construct temporary or permanent earth berms along the outer edges of the top surface of the embankment, construct temporary ditches, shape the embankment surface to provide for the drainage of surface runoff along and throughout the length of the embankments, and use any other methods necessary to maintain the work covered by this section so that the work will not contribute to excessive soil erosion. The Contractor shall construct brush dikes, or install temporary or permanent slope drains or other drainage features to assist in controlling erosion. 3. The Contractor shall replace, at no cost to the Owner, any portion of embankment which have become displaced or damaged due to carelessness or neglect on the part of the Contractor. Where the work has been properly constructed, completely drained and properly maintained, and damage occurs due to natural causes, the Contractor will be paid at the Contract unit price for the excavated material required to make necessary repairs to such damage. 4. All embankments shall be brought to the grade and cross section shown on the plans or established by the Engineer, prior to final inspection and acceptance by the Engineer. Rev. 9/22199 PROJECT #99710 02200 - Page 5 3.03 FIELD QUALITY CONTROL A. QUALITY CONTROL AND TESTING 1. The services of qualified soils testing personnel may be engaged by the Owner for the making of tests to determine the moisture -density relationships, relative densities, plastic and liquid limits and suitability of materials for compaction and for inspection and control of the site preparation, selection, placing and compaction of the fill. A copy of the testing personnel's daily field report including results of in -place density and moisture content tests should be forwarded to the Owner and the Engineer at the end of each working day. 2. The Contractor shall cooperate with the testing personnel so as to permit proper inspection and control of the work without unnecessary delays. PART 4: MEASUREMENTS AND PAYMENTS 4.01 MEASUREMENTS Measurement of materials shall be made based on the units shown, if any, in the bid schedule.. If no units are shown in the bid 'schedule, or if there is no bid schedule, no measurements or payments shall be made. 4.02 PAYMENTS Payment for materials shall be made at the Contract prices for the measured quantities in the field. If no units are shown in the bid schedule, of if there is no bid schedule, no separate payments shall be made for the earthwork described in this section. END OF SECTION Rev. 9/22/99 PROJECT #99710 02200 - Page 6 SECTION 02220 EXCAVATION AND BACKFILL PART 1: GENERAL 1.01 SCOPE OF WORK A. GENERAL 1. The work covered by this Section shall consist of furnishing all materials, labor, equipment and services for the excavation and backfill at all areas within the limits of the project. Work is limited to the areas of construction, and includes (but is not necessarily limited to) stockpiling of topsoil, site grading, excavation of footings and trenches, filling, backfilling, compaction, finish grading, spreading of topsoil, disposal of waste material, and proof rolling. 2. Perform all excavation, dewatering, sheeting, bracing, and backfilling in such a manner as to eliminate all possibility of undermining or disturbing the foundations of existing structures. 3. Requirements of the General and Supplemental Conditions apply to all work in this Section. Provide all labor, materials, equipment, and services indicated on the drawings, or specified herein, or reasonably necessary for or incidental to a complete job. 4. Excavations shall provide adequate working space and clearances for the work to be performed therein and for installation and removal of concrete forms. In no case shall excavation faces be undercut for extended footings. 5. Subgrade surfaces shall be clean and free of loose material of any kind when concrete is placed thereon. 6. Backfilling during freezing weather shall not be done except by permission of the Engineer. No backfill, fill, or embankment materials shall be installed on frozen surfaces, nor shall frozen materials, snow, or ice be placed in any backfill, fill, or embankment. Rev. 2124199 PROJECT #99710 02220 - Page 1 1.02 SYSTEM DESCRIPTION A. EXCAVATION, GENERAL Excavation consists of the removal and disposal of all materials encountered for footings, foundations, pipework, and other construction as shown on the Drawings. Perform all excavation work in compliance with applicable requirements of governing authorities having jurisdiction. 1.03 QUALITY ASSURANCE A. REFERENCED STANDARDS Unless otherwise indicated, all referenced standards shall be the latest edition available at the time of bidding. Any requirements of these Specifications shall in no way invalidate the minimum requirements of the referenced standards. Comply with the provisions of the following codes and standards, except as otherwise shown or specified. 1. ASTM C33: Standard Specifications for Concrete Aggregate 2. ASTM D698: Standard Test Methods for Moisture -Density Relations of Soils and Soil -Aggregate Mixtures Using 5.5 lb. Rammer and 12" Drop. 3. ASTM D3282: Standard Recommended Practice for Classification of Soils and Soil -Aggregate Mixtures for Highway Construction Purposes. 4. Standard Specifications for Roads and Structures, North Carolina Department of Transportation, January 1, 1990 edition. 5. Erosion and Sediment Control Planning and Design Manual. B. UNAUTHORIZED EXCAVATION Except where otherwise authorized, indicated, or specified, all materials excavated below the bottom of concrete walls, footings, slabs on grade, and foundations shall be replaced, by and at the expense of the Contractor, with concrete placed at the same time and monolithic with the concrete above. Rev. 2124/99 PROJECT #99710 - 02220 - Page 2 C. EXISTING UTILITIES 1. Locate existing underground utilities in the area of work. If utilities are to remain in place, provide adequate means of protection during earthwork operations. 2. Should uncharted or incorrectly charted piping or other utilities be encountered during excavation, consult the Engineer immediately for directions as to procedure. Cooperate with Owner and utility companies in keeping respective services and facilities in operation. Repair damaged utilities to the satisfaction of utility companies. PART 2: PRODUCTS 2.01 MATERIALS A. CLASSIFICATION OF EXCAVATED MATERIALS Classification of excavated materials will be made as follows: 1. Rock. Rock is defined as being sandstone, limestone, flint, granite, quartzite, slate, hard shale, or similar material in masses more than 1/2 cubic yard in volume or in ledges 4" or more in thickness which cannot be excavated with a Caterpillar Model 225, or equal, hydraulic excavator equipped with rock teeth on a 24" wide bucket. 2. Earth. All material not classified as rock. B. CLASSIFICATION OF OTHER MATERIALS 1. Satisfactory Subgrade Soil Materials: Soils complying with ASTM D 3282, soil classification Groups A -I, A-24, A-2-5, and A-3. 2. Unsatisfactory Sub -grade Soil Materials: Soils described in ASTM D 3282, soil classification groups A-2-6, A-2-7, A-4, A-5, A-6, and A-7; also peat and other highly organic soils, unless otherwise acceptable to the Engineer. 3. Cohesionless Soil Materials: Gravels, sand -gravel mixtures, sands, and gravelly -sands. 4. Cohesive Soil Materials: Clayey and silty gravels, sand -clay mixtures, gravel -silt mixtures, clayey and silty sands, sand -silt mixtures, clays, silts, and very fine sands. Rev. 2124/99 PROJECT #99710 02220 - Page 3 5. Backfill and Fill Materials: Provide satisfactory soil materials for backfill and fill, free of masonry, rock, or gravel larger than 4" in any dimension, and free of metal, gypsum, lime, debris, waste, frozen materials, vegetable, and other deleterious matter. Use only excavated material that has been sampled, tested, and certified as satisfactory soil material. 6. Select Backfill — Select backfill is defined as backfill and fill material that is transported to the site from outside the project limits, and which meets the soil requirements specified above under "Backfill and Fill Materials." Material excavated in conjunction with the construction of this project cannot be considered as "select backfill" for payment purposes. 7. Pipe Bedding: Crushed stone or crushed gravel meeting the requirements of ASTM C 33, Gradation 67. 8. Inundated Sand: Sand for inundated sand backfill shall be clean with not more than 25% retained on a No. 4 sieve and not more than 7% passing a No. 200 sieve and shall have an effective size between 0.10 mm and 0.30 mm. Sand shall be deposited in, or placed simultaneously with application of, water so that the sand shall be compacted by a mechanical probe type vibrator. Inundated sand shall be compacted to 70% relative density as determined by ASTM D4253 and D4254. 9 Graded Gravel: Gravel for compacted backfill shall conform to the following gradation: The gravel mixture shall contain no clay lumps or organic matters. The fraction passing the No. 4 sieve shall have a liquid limit not greater than 25 and a plasticity index not greater than 5. Gravel backfill shall be deposited in uniform layers not exceeding 12" in uncompacted thickness. The backfill shall be compacted by a. suitable vibratory roller or platform vibrator to not less than 70% relative density as determined by ASTM D4253 and D4254. Rev. 2/24199 PROJECT #99710 02220 - Page 4 2.01 EQUIPMENT A. MECHANICAL EXCAVATION 1. The use of mechanical equipment will not be permitted in locations where its operation would cause damage to trees, buildings, culverts, or other existing property, utilities, or structures above or below ground. In all such locations, hand excavating methods shall be used. 2. Mechanical equipment used for trench excavation shall be of a type, design, and construction and shall be controlled, that uniform trench widths and vertical sidewalls are obtained at least from an elevation one foot above the top of the installed pipe to the bottom of the trench, and that trench alignment is such that pipe when accurately laid to specified alignment will be centered in the trench with adequate clearance between the pipe and sidewalls of the trench. Undercutting the trench sidewall to obtain clearance will not be permitted. PART 3: EXECUTION 3.01 PREPARATION A. DEWATERING 1. The Contractor shall provide and maintain adequate dewatering equipment to remove and dispose of all surface water and groundwater entering excavations, trenches, or other parts of the work. Each excavation shall be kept dry during subgrade preparation and continually thereafter until the structure to be built, or the pipe to be installed therein, is completed to the extent that no damage from hydrostatic pressure, flotation, or other cause will result. 2. All excavations for concrete structures or trenches which extend down to or below groundwater shall be dewatered by lowering and keeping the groundwater level beneath such excavations 12" or more below the bottom of the excavation. 3. Surface water shall be diverted or otherwise prevented from entering excavated areas or trenches to the greatest extent practicable without causing damage to adjacent property. Rev. 2/24/99 PROJECT #99710 02220 - Page 5 4. The Contractor shall be responsible for the condition of any pipe or conduit which he may use for drainage purposes, and all such pipes or conduit which he may use for drainage purposes, and all such pipes or conduits shall be left clean and free of sediment. 5. Where trench sheeting is left in place, such sheeting shall not be braced against the pipe, but shall be supported in a manner which will preclude concentrated loads or horizontal thrusts on the pipe. Cross braces installed above the pipe to support sheeting may be removed after pipe embedment has been completed. B. STABILIZATION 1. Subgrades for concrete structures and trench bottoms shall be firm, dense, and thoroughly compacted and consolidated; free from mud and muck; an sufficiently stable to remain firm and intact under the feet of the workmen. 2. Subgrades for concrete structures or trench bottoms, which are otherwise solid but which become mucky on top due to construction operations, shall be reinforced with one or more layers of crushed rock or gravel. The stabilizing material shall be spread and compacted to a depth of not more than 4"; if the required depth exceeds 4", the material shall be furnished and installed as specified for granular fills. Not more than 1/2" depth of mud or muck shall be allowed to remain on stabilized trench bottoms when the pipe bedding material is placed thereon. The finished elevation of stabilized subgrades for concrete structures shall not be above subgrade elevations indicated on the drawings. C. CUTTING CONCRETE OR ASPHALT SURFACE CONSTRUCTION 1. All pavement cutting and repair shall be done in accordance with local ordinances. Cuts in concrete pavement and asphaltic concrete base pavements shall be no larger than necessary to provide adequate working space for proper installation of pipe and appurtenances. Cutting shall be started with a concrete saw in a manner which will provide a clean groove at least 1-1/2" deep along each side of the trench and along the perimeter of cuts for structures. 2. Concrete pavement and asphaltic concrete base pavement over trenches excavated for pipelines shall be removed so that a shoulder not less than 12" in width at any point is left between the cut edge of the pavement and the top edge of the trench. Trench Rev. 2/24199 PROJECT #99710 02220 - Page 6 width at the bottom shall not be greater than at the top and no undercutting will be permitted. Pavement cuts shall be made to and between straight or accurately marked curved lines which, unless otherwise required, shall be parallel to the center line of the trench. 3. Pavement removed for connections to existing lines or structures shall not be of greater extent that necessary for the installation. 4. Where the trench parallels the length of concrete walks and the trench location is all or partially under the walk, the entire walk shall be removed and replaced. Where the trench crosses drives, walks, curbs, or other surface construction, the surface construction shall be removed and replaced between existing joints or between saw cuts as specified for payment. D. SITE GRADE 1. General: Uniformly grade areas within limits of grading under this section, including adjacent transition areas. Smooth finish the surface within specified tolerances; compact with uniform levels or slopes between points where elevations are shown, or between such points and existing grades. 2. Ground Surface Preparation: Remove vegetation, debris, unsatisfactory soil materials, obstructions, and deleterious materials from ground surface prior to placement of fills. Plow, strip, or break up sloped surfaces steeper than 1 vertical to 4 horizontal so that fill material will bond with existing surface. Shape the subgrade as indicated on the Drawings by forking, furrowing, or plowing so that the first layer of new material placed thereon will be well bonded to it. 3.02 FIELD MEASUREMENTS A. ALIGNMENT, GRADE, AND MINIMUM COVER 1. Vertical and horizontal alignment of pipes, and the maximum joint deflection used in connection therewith, shall be in conformity with requirements of the section covering installation of pipe. 2. Where pipe grades or elevations are not definitely fixed by the contract drawings, trenches shall be excavated to a depth sufficient to provide a minimum depth of backfill cover over the top of the pipe cover depths may be necessary on vertical curves or to Rev. 2/24/99 PROJECT #99710 02220 - Page 7 provide necessary 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 elevation except where future surface elevations are indicated on the drawings. B LIMITING TRENCH WIDTHS Trenches shall be excavated to a width which will provide adequate working space and sidewall clearances for proper pipe installation, jointing, and embedment. Maximum trench widths shall be no greater than the pipe outside diameter plus 36" (18" either side of pipe). 3.03 PROTECTION A. TEMPORARY PROTECTION Protect structures, utilities, sidewalks, pavements, and other facilities from damages caused by settlement, lateral movement, undermining, washout, and other hazards created by earthwork operations. B. SHEETING AND BRACING Make all excavations in accordance with the rules and regulations promulgated by the Department of Labor, Occupational Safety and Health Regulations for Construction. Furnish, put in place, and maintain such sheeting, bracing, etc., as may be necessary to support the sides of the excavation and to prevent any movement of earth which could in any way diminish the width of the excavation to less than that necessary for proper construction, or could otherwise injure or delay the work, or endanger adjacent structures, roads, utilities, or other improvements. C. BLASTING 1. The Contractor shall be responsible for all damage caused by blasting operations. Suitable methods shall be employed to confine all materials lifted by blasting within the limits of the excavation or trench. 2. All rock which cannot be handled and compacted as earth shall be kept separate from other excavated materials and shall not be mixed with backfill or embankment materials except as specified or directed. Rev. 2/24/99 PROJECT #99710 02220 - Page 8 D. CARE AND RESTORATION OF PROPERTY 1. Enclose the trunks of trees which are to remain adjacent to the work with substantial wooden boxes of such height as may be necessary to protect them from piled material, equipment or equipment operation. Use excavating machinery and cranes of suitable type and operate the equipment with care to prevent injury to remaining tree trunks, roots, branches and limbs. 2. Do not cut branches, limbs, and roots except by permission of the Engineer. Cut smoothly and neatly without splitting or crushing. In case of cutting or unavoidable injury to branches, limbs, and trunks of trees, neatly trim the cut or injured portions and cover with an application of grafting wax and tree healing paint as directed. 3. Protect by suitable means all cultivated hedges„ shrubs and plants which might be injured by the Contractor's operations. Promptly heel in any such trees or shrubbery necessary to be removed and replanted. Perform heeling in and replanting under the direction of a licensed and experienced nurseryman. Replant in their original position all removed shrubbery and trees after construction operations have been substantially completed and care for until growth is reestablished. 4. Replace cultivated hedges, shrubs, and plants injured to such a degree as to affect their growth or diminish their beauty or usefulness, by items of kind and quality at least equal to the kind and quality existing at the start of the work. 5. Do not operate tractors, bulldozers or other power -operated equipment on paved surfaces if the treads or wheels of the equipment are so shaped as to cut or otherwise injure the surfaces. 6. Restore all surfaces, including lawns, grassed, and planted areas which have been injured by the Contractor's operations, to a condition at least equal to that in which they were found immediately before the work was begun. Use suitable materials and methods for such restoration. Maintain all restored plantings by cutting, trimming, fertilizing, etc., until acceptance. Restore existing property or structures as promptly as practicable and do not leave until the end of construction period. Rev. 2/24199 PROJECT #99710 02220 - Page 9 E. PROTECTION OF STREAMS Exercise reasonable precaution to prevent the silting of streams. Provide at Contractor's expense temporary erosion and sediment control measures to prevent the silting of streams and existing drainage facilities. The Contractor shall size structures and conform fully with the North Carolina Sedimentation Pollution Control Act. F. AIR POLLUTION 1. Comply with all pollution control rules, regulations, ordinances, and statutes which apply to any work performed under the Contract, including any air pollution control rules, regulations, ordinances and statutes, or any municipal regulations pertaining to air pollution. 2. During the progress of the work, maintain the area of activity, including sweeping and sprinkling of streets as necessary, so as to minimize the creation and dispersion of dust. If the Engineer decides that it is necessary to use calcium chloride or more effective dust control, furnish and spread the material, as directed, and without additional compensation. G. BRIDGE TRENCHES 1. Provide suitable and safe bridges and other crossings where required for the accommodation of travel; provide access to private property during construction, and remove said structures thereafter. 2. Bridge or backfill trenches in any portion of the travel lanes of public or private roads, or drives, at the end of each day's operation to provide for safe travel. No additional compensation will be made for this work. 3.04 TRENCH EXCAVATION A. LENGTH OF TRENCH 1. No more trench shall be opened in advance of pipe laying than is necessary to expedite the work. One block or 400 feet (whichever is the shorter) shall be the maximum length of open trench on any line under construction. 2. Except where tunneling is indicated on the drawings, is specified, or is permitted by the Engineer, all trench excavation shall be open cut from the surface. Rev. 2124/99 PROJECT #99710 02220 - Page 10 B. TRENCH EXCAVATION 1. General Perform all excavation of every description and of whatever substance encountered so that the pipe can be laid to the alignment and depth shown on the Drawings. 2. Brace and shore all trenches, where required, in accordance with the rules and regulations, promulgated by the Department of Labor, Occupation Safety and Health Administration, "Safety and Health Regulations for Construction". 3. Make all excavations by open cut unless otherwise specified or indicated on the Drawings. 4.. Width of Trenches: Excavate trenches sufficiently wide to allow proper installation of pipe, fittings and other materials and not more than 18" clear of pipe on either side at any point. Do not widen trenches by scraping or loosening materials from the sides. 5. Trench Excavation in Earth: Earth excavation includes all excavation of whatever substance encountered. In locations where pipe is to be bedded in earth excavated trenches, fine grade the bottoms of such trenches to allow firm bearing for the bottom of the pipe on undisturbed earth. Where any part of the trench has been excavated below the grade of the pipe, fill the part excavated below such grade with pipe bedding material and compact at the Contractor's expense. 6. Trench Excavation in Fill: If pipe is to be laid in embankments or other recently filled material, first place the fill material to the finish grade or to a height of at least one foot above the top of the pipe, whichever is the lesser. Take particular care to ensure maximum consolidation of material under the pipe location. Excavate the pipe trench as though in undisturbed material. 7. Trench Bottom in Poor Soil: Excavate -and remove unstable or unsuitable soil to a width and depth, as directed by the Engineer, and refill with a thoroughly compacted gravel bedding. 8. Bell Holes: Provide bell holes at each joint to permit the joint to be made properly and to provide a continuous bearing and support for the pipe. I �� Rev. 2/24/99 PROJECT #99710 02220 - Page 11 C. TRENCH BACKFILL 1. General: Unless otherwise specified or indicated on the Drawings, use suitable material for backfill which was removed in the course of making the construction excavations. Do not use frozen material for the backfill and do not place backfill on frozen material. Remove previously frozen material before new backfill is placed. Start backfilling as soon as practicable after the pipes have been laid, or the structures have been built and are structurally adequate to support the loads, including construction loads to which they will be subjected, and proceed until its completion. 2. With the exception mentioned below in this paragraph, do not backfill trenches at pipe joints until after that section of the pipeline has successfully passed any specified tests required. Should the Contractor wish to minimize the maintenance of lights, and barricades, and the obstruction of traffic, he may, at his own risk, backfill the entire trench as soon as practicable after installation of pipe, and the related structures have acquired_ a suitable degree of strength. He shall, however, be responsible for removing and later replacing such backfill, at his own expense, should he be ordered to do so in order to locate and .repair or replace leaking or defective joints or pipe. 3. Material: The nature of the materials will govern both their acceptability for backfill and the methods best suited for their placement and compaction in the backfill. Both are subject to the approval of the Engineer. Do not place stone or rock fragments larger than 4" in greatest dimension in the backfill. Do not drop large masses of backfill material into the trench in such a manner as to endanger the pipeline. Use a timber grillage to break the fall of material dropped from a height of more than 5 feet. Exclude pieces of bituminous pavement from the backfill unless their use is expressly permitted. 4. Zone Around Pipe: Place bedding material to the level shown on the Drawings and work material carefully around the pipe to insure that all voids are filled, particularly in bell holes. For backfill up to a level of 2 feet over the top of the pipe, use only selected materials containing no rock, clods or organic materials. Place the backfill and compact thoroughly under the pipe haunches and up to the mid -line of the pipe in layers not exceeding 6" in depth. Place each layer and tamp carefully and uniformly so as to eliminate the possibility of lateral displacement. Place and compact the remainder of the zone around the pipe and to a height of one foot Rev. 2/24/99 PROJECT #99710 02220 - Page 12 above the pipe in layers not exceeding 6" and compact to a maximum density of at least 100 % as determined by ASTM D0698. 5. Tamping: Deposit and spread backfill materials in uniform, parallel layers not exceeding 12" thick before compaction. Tamp each layer before the next layer is placed to obtain a thoroughly compacted mass. Furnish and use, if necessary, an adequate number of power driven tampers, each weighing at least 20 pounds for this purpose. Take care that the material close to the bank, as well as in all other portions of the trench, is thoroughly compacted. When the trench width and the depth to which backfill has been placed are sufficient to make it feasible, and it can be done effectively and without damage to the pipe, backfill may, on approval, be compacted by the use of suitable rollers, tractors, or similarly powered equipment instead of by tamping. For compaction by tamping (or rolling), the rate at which backfilling material is ,deposited in the trench shall not exceed that permitted by the facilities for its spreading, leveling and compacting as furnished by the Contractor. 6. Wet the material by sprinkling, if necessary, to insure proper compaction by tamping (or rolling). Perform no compaction by tamping (or rolling) when the material is too wet either from rain or applied water to be compacted properly. 7. Trench Compaction: Compact backfill in pipe trenches to the maximum density as shown on the Drawings, or as listed in the subsection entitled COMPACTION, with a moisture content within the range of values of maximum density as indicated by the moisture -density relationship curve. 3.05 SITE GLADE A. PLACEMENT AND COMPACTION 1. Place backfill and fill material in layers not more than 8" in loose depth. Before compaction, moisten or aerate each layer as necessary to provide the optimum moisture content. Compact each layer to the required percentage of maximum density for each area classification. Do not place backfill or material on surfaces that are muddy, frozen, or contain frost or ice. 2. In areas not accessible to rollers or compactors, compact the fill with mechanical hand tampers. If the mixture is excessively Rev. 2/24/99 PROJECT #99710 02220 - Page 13 moistened by rain, aerate the material by means of blade graders, harrows, or other approved equipment, until the moisture content of the mixture is satisfactory. Finish the surface of the layer by blading or rolling with a smooth roller, or a combination thereof, and leave the surface smooth and free from waves and inequalities. 3. Place backfill and fill materials evenly adjacent to structures, to the required elevations. Take care to prevent wedging action of backfill against structures. Carry the material uniformly around all parts of the structure to approximately the same elevation in each lift. 4. When existing ground surface has a density less than that specified under the subsection entitled COMPACTION for the particular area classification, break up the ground surface, pulverize, moisture -condition to the optimum moisture content, and compact to required depth and percentage of maximum density. B. GRADING OUTSIDE BUILDING LINES Grade to drain away from structures to prevent ponding of water. Finish surface free from irregular surface changes. C. PLANTING AREAS Finish areas to receive topsoil to within not more than one inch (1 ") above or below the required subgrade elevations, compacted as specified, and free from irregular surface changes. D. WALKS Shape the surface of areas under walks to line, grade, and cross-section, with the finish surface not more than 0" above or 1" below the required subgrade elevation, compacted as specified, and graded to prevent ponding of water after rains. E. PAVEMENTS 1. Shape the surface of the areas under pavement to line, grade and cross section, with finish surface not more than 1/2" above or below the required subgrade elevation, compacted as specified, and graded to prevent ponding of water after rains. Include such operations as plowing, discing, and any moisture or aerating required to provide the optimum moisture content for compaction. Rev. 2/24/99 PROJECT #99710 02220 - Page 14 2. Fill low areas resulting from removal of unsatisfactory soil materials, obstructions, and other deleterious materials, using satisfactory soil material. 3. Shape to line, grade, and cross section as shown on the Drawings. F. PROTECTION OF GRADED AREAS Protect newly graded areas from traffic and erosion, and keep free of trash and debris. Repair and re-establish grades in settled, eroded, and rutted areas to specified tolerances. G. RECONDITIONING COMPACTED AREAS Where completed compacted areas are disturbed by subsequent construction operations or adverse weather prior to acceptance of work, scarify surface, reshape, and compact to required density prior to further construction. H. UNAUTHORIZED EXCAVATION 1. Unauthorized excavation consists of the removal of materials beyond indicated elevations without the specific direction of the Engineer. Under footings, foundations, bases, etc., fill unauthorized excavation by extending the indicated bottom elevation of the concrete to the bottom of the excavation, without altering the required top elevation. Lean concrete fill may be used to bring elevations to proper position only when acceptable to the Engineer. 2. Elsewhere, backfill and compact unauthorized excavations as specified for authorized excavations of the same classification, unless otherwise directed by the Engineer. 3.06 BACKFILL AROUND STRUCTURES A. GENERAL Unless otherwise specified or indicated on the Drawings, use suitable material for backfill which was removed in the course of making the backfill and do not place backfill which was removed in the course of making the construction excavations. Do not use frozen material for the backfill and do not place backfill upon frozen material. Remove previously frozen material before new backfill is placed. Rev. 2/24199 PROJECT #99710 02220 - Page 15 B. MATERIAL Approved selected materials available from the excavations may be used for backfilling around structures. Obtain material needed in addition to that of construction excavations from approved off -site borrow pits. Furnish all borrow material needed on the work. Place and compact all material, whether from the excavation or borrow, to make a dense, stable fill. Use fill material which contains no vegetation, masses of roots, individual roots over 18" long or more than 1/2" in diameter, stones over 4" in diameter, or porous matter. Organic matter must not exceed minor quantities. C. PLACING BACKFILL Do not place backfill against or on structures until they have attained sufficient strength to support the loads (including construction loads) to which they will be subjected, without distortion, cracking, or other damage. Make special leakage tests, if required, as soon as practicable after the structures are structurally adequate and other necessary work has been done. Use the best of the excavated materials in backfilling within 2 feet of the structure. Avoid unequal soil pressures by depositing the material evenly around the structure. 3.07 COMPACTION A. GENERAL Control soil compaction during construction providing at least the minimum percentage of density specified for each area classification. B. PERCENTAGE OF MAXIMUM DENSITY REQUIREMENTS After compaction, all fill will be tested in accordance with Method "C" of ASTM D-698, unless specified otherwise. Except as noted otherwise for the zone around pipe, provide not less than the following percentages of maximum density of soil material compacted at optimum moisture content, for the actual density of each layer of soil material -in -place: UNPAVED AREAS Compact Full Depth to 92% DRIVES AND PARKING Top 9" - 100% TRENCH BACKFILL (PAVED AREAS) Compact full depth to 95% TRENCH BACKFILL (UNPAVED AREAS) Compact full depth to 95% ALL OTHER BACKFILL Compact full depth to 95% Rev. 2/24/99 PROJECT #99710 02220 - Page 16 C. MOISTURE CONTROL Where subgrade or layer of soil material must be moisture conditioned before compaction, uniformly apply water to surface of subgrade, or layer of soil material, to prevent free water appearing on surface during or subsequent to compaction operations. Remove and replace, or scarify and air dry, soil material that is too wet to permit compaction to specified density. Soil material that has been removed because it is too wet to permit compaction may be stockpiled or spread and allowed to dry. Assist drying by discing, harrowing or pulverizing, until moisture content is reduced to a satisfactory value, as determined by moisture -density relation tests. D. DISPOSAL OF SURFACE MATERIAL Upon approval of the Engineer, haul all surplus materials not needed or acceptable for backfill and dispose of at location approved by the Engineer. 3.08 FIELD QUALITY CONTROL A. SOIL TESTING AND INSPECTION SERVICE: Compaction tests of all fill areas will be made by an independent testing laboratory. Rework any fill areas which fail to meet the compaction requirements as herein specified and perform this work at no additional cost to the Owner. Testing of fill areas will be provided by the Owner and paid for by the Owner, except that tests which reveal non-conformance with the Specifications and all succeeding tests for the same area, until conformance with the Specifications is established, shall be at the expense of the Contractor. PART 4: MEASUREMENTS AND PAYMENTS 4.01 MEASUREMENTS Measurement of materials shall be made based on the units shown, if any, in the bid schedule. If no units are shown in the bid schedule, or if there is no bid schedule, no measurements or payments shall be made. 4.02 PAYMENTS Payment for materials shall be made at the Contract prices for the measured quantities in the field. If no units are shown in the bid schedule, or if there is no bid schedule, no separate payments shall be made for the excavation and backfill materials described in this section. END OF SECTION Rev. 2/24/99 PROJECT #99710 02220 - Page 17 SECTION 02222 ROCK EXCAVATION PART 1: GENERAL 1.01 SCOPE OF WORK A. The work covered by this section consists of the blasting and excavation of rock material in cut areas. Rock excavation shall be classified material which cannot be removed with normal construction equipment such as panscrapers, bulldozers with "rippers" and requires the construction practice of blasting. 1.02 DEFINITIONS A. Rock is defined as being sandstone, limestone, flint, graphite, quartzite, slate, hard shale, or similar material in masses more than 1/2 cubic yard in volume or in ledges 4" or more in thickness which cannot be excavated with a Caterpillar Model 225, or equal, hydraulic excavator equipped with rock teeth on a 24" wide bucket. B. Should rock be encountered in two or more ledges, each ledge being not less than 3" thick and with interlying strata of earth, clay or gravel not more than 12" thick in each stratum, the entire volume between the top of the top ledge and the bottom of the bottom ledge will be classified as rock. PART 2: NOT USED PART 3: EXECUTION 3.01 CONSTRUCTION REQUIREMENTS A. BLASTING The use of explosives shall conform to be in strict accordance with all Federal, State, County and local regulations and only after the approval of the Engineer. The Contractor shall be responsible for all damage caused by blasting operations. Suitable methods shall be employed to confine all materials lifted by blasting within the limits of excavation or trench. B. When rock is encountered, all lines and grades will be held in accordance with the plans or adjusted only after approval of the Engineer. Rev. 1121198 PROJECT #99710 02222 - Page 1 i C. When rock is encountered within the limits of construction, the Contractor shall notify the Engineer prior to any removal. Upon the Engineer's authorization, the Contractor shall remove the rock. The Contractor shall not be paid for rock removed without prior approval from the Engineer. D. All rock which cannot be handled and compacted as earth shall be kept separate from other excavated materials and shall not be mixed with backfill or embankment materials except as specified or directed. PART 4: MEASUREMENT AND PAYMENT A. MEASUREMENT The quantity of rock removed to be paid for will be by cubic yard measured in place by the average end area method for rock excavation, based upon measurements made prior to and following excavation. Maximum measurement shall be limited to the trench widths shown on the plans. B. PAYMENT 1. The quantity measured will be paid for at the Contract unit price per cubic yard for rock excavation. Such price and payment will be compensation for all work covered by this section including but not limited to drilling, explosives, loading of drill holes, blasting, removal and disposal of rock. 2. All rock which cannot be handled and compacted as earth shall be kept separate from other excavated materials and shall not be mixed with backfill or embankment materials except as specified or directed. END OF SECTION Rev. 9122199 PROJECT #99710 02222 - Page 2 SECTION 02230 AGGREGATE BASE COURSE PART 1: GENERAL 1.01 SCOPE OF WORK A. The work covered by this section consists of the construction of a base composed of an approved aggregate material hauled to the site, placed on the site, compacted, and shaped to conform to the lines, grades, depths, and typical sections shown on the plans or established by the Engineer. PART 2: PRODUCTS 2.01 MATERIALS A. Aggregate base course materials shall consist of crushed stone or uncrushed gravel, or other similar material having hard, strong, durable particles free of adherent coatings. C. The Contractor shall furnish aggregate base course material produced in accordance with the requirements indicated herein for Type A, aggregate unless otherwise specified in the special provisions. D. All aggregates shall be from approved sources. Sources will not be approved unless the material has satisfactory soundness and satisfactory resistance to abrasion. Satisfactory soundness will be considered to be a weighted average loss of not greater than 15% when subjected to five (5) alternations of the sodium sulfate soundness test in accordance with AASHTO T104. Satisfactory resistance to abrasion will be considered to be a percentage of wear of not greater than 55% when tested in accordance with AASHTO T96. E. Aggregates shall be handled in such a manner as to minimize segregation. F. Sites for aggregate stockpiles shall be grubbed and cleaned prior to .storing aggregates, and the ground surface shall be firm, smooth, and well drained. A cover of at least 3" of aggregate shall be maintained over the ground surface in order to avoid the inclusion of soil or foreign material. Stockpiles shall be built in such a manner as to minimize segregation. When it is necessary to operate trucks or other equipment on a stockpile Rev. 1/21/98 PROJECT #99710 02230 - Page 1 in the process of building the stockpile, it shall be done in a manner approved by the Engineer. G. Stockpiles of different types or sizes of aggregates shall be spaced far enough apart, or else separated by suitable walls or partitions, to prevent the mixing of the aggregates. H. Any method of stockpiling aggregates which allows the stockpile to become contaminated with foreign matter or causes excessive degradation of the aggregate will not be permitted. Excessive degradation will be determined by sieve tests of samples taken from any portion of the stockpile over which equipment has been operated, and failure of such samples to meet all grading requirements for the aggregate will be considered cause for discontinuance of such stockpiling procedure. I. GRADATION All standard sizes of aggregates shall meet the gradation requirements when tested in accordance with AASHTO T27. PART 3: EXECUTION 3.01 CONSTRUCTION OF STONE BASE A. The aggregate material shall be spread on the subgrade to a uniform loose depth and without segregation. B. Where the required compacted thickness of base is 8" or less the base material may be spread and compacted in one layer. Where the required compacted thickness of base is more than 8", the base material shall be spread and compacted in 2 or more approximately equal layers. The minimum compacted thickness of any one layer shall be approximately 4' . C. Each layer of material shall have been sampled, tested, compacted, and approved prior to placing succeeding layers of base material or pavement. D. No base material shall be placed on frozen subgrade or base. Hauling equipment shall not be operated on subgrade or a previously completed layer of base material soft enough to rut or weave beneath the equipment. E. The maximum speed of trucks hauling or traveling over any part of the subgrade or base shall be 5 miles per hour. F. The Contractor shall utilize methods of handling, hauling, and placing which will minimize segregation and contamination. If segregation occurs, Rev. 1/21198 PROJECT #99710 02230 - Page 2 the Engineer may require that changes be made in the Contractor's methods to minimize segregation, and may also require mixing on the road which may be necessary to correct any segregated material. No additional compensation will be allowed for the work of road mixing as may be required under this provision. Aggregate which is contaminated with foreign materials to the extent the base course will not adequately serve its intended use shall be removed and replaced by the Contractor at no additional cost to the Owner. The above requirements will be applicable regardless of the type of aggregate placed and regardless of prior acceptance. 3.02 QUALITY CONTROL A. TOLERANCES 1. After final shaping and compacting the base, the Engineer will check the surface of the base for conformance to grade and typical section and will determine the base thickness. 2. The thickness of the base shall be within a tolerance of t1/2" of the base thickness required by the plans. B. MAINTENANCE Where the base material is placed in a trench section, the Contractor shall provide adequate drainage through the shoulders to protect the subgrade and base until such time as shoulders are completed. The Contractor shall maintain the surface of the base by watering, machining, and rolling or dragging when necessary to prevent damage to the base by weather or traffic. PART 4: MEASUREMENT AND PAYMENT A. MEASUREMENT The quantity of Aggregate Base Course to be paid for will be the actual number of square yards of material measured along the surface of the ground at the specified compacted thickness which has been incorporated into the completed and accepted work. Rev. 1/21/98 PROJECT #99710 02230 - Page 3 B. PAYMENT The quantity of Aggregate Base Course, measured as provided in Section 4.A above will be paid for at the contract unit price as specified in the bidding document. In all cases, regardless of the unit of measure, the Contractor shall furnish copies of certified weight tickets for all material placed on the project. END OF SECTION Rev. 1 /21198 PROJECT #99710 02230 - Page 4 SECTION 02510 PART 1: GENERAL 1.01 SCOPE OF WORK BITUMINOUS PAVING The work covered by this section shall consist of the construction, production, delivery and placement of bituminous plant mix base and surface courses properly laid on a prepared aggregate base course, in accordance with these specifications and in conformity with the lines, grades, thickness, and typical sections shown on the plans. 1.02 SUBMITTALS A. BITUMINOUS MIXTURE PRODUCTION The quantity of surface course, measured as provided in Section 02510 will be paid for at the contract prices as specified in the bidding documents. In all cases, the Contractor shall furnish copies of certified weight tickets for all surface course placed on the project. 1.03 QUALITY ASSURANCE A. When required by the Engineer, the automatic weighing and recording system shall be checked by weighing a truck load of mix with an approved set of platform scales. Other means of checking the automatic weighing and recording system will be designated by the Engineer if such checking becomes necessary. B. The Contractor will not be permitted to use mixture delivered to the road which is not accompanied by a load ticket signed by the weighman or an automatic printout ticket in accordance with the above requirements. C. The original of all tickets, including any voided tickets or tickets for rejected mixture, shall become the property of the Engineer. D. ACCEPTANCE OF BITUMINOUS MATERIALS Bituminous materials will,be accepted at the source of shipment subject to the following conditions: Rev. 10/7/99 PROJECT #99710 02510 - Page 1 1. All bituminous transport tankers shall have a sampling valve in accordance with the recommendation of the Asphalt Institute and ASTM D140, or a comparable device acceptable to the Engineer. 2. Each transport tanker delivering bituminous materials to the project shall keep a running log showing the date, destination, and type and grade of material hauled on each trip. The tanker number shall be printed, stamped, or written in ink on each logbook. The logbook shall be available for examination upon request of the Engineer at any time. 3. The Contractor shall furnish with each shipment two (2) copies of the delivery ticket. One copy shall accompany the shipment and be delivered to the Engineer or his representative at the destination. The delivery ticket shall contain the following information: Delivery ticket number, date shipped, state project or purchase order number, destination, name of consignee, trailer number, storage tank or batch number, quantity loaded (pounds or gallons), loading temperature, correction factor used, and net gallons at 60C. 4. In addition to the delivery tickets, the Contractor shall furnish a statement of certification which is signed (not initialized or stamped) by an authorized representative of the supplier and which is either stamped, written, or printed on the delivery ticket; or attached thereto. The certification shall be essentially in the following form: "This is to certify that this shipment of M gallons of M grade (Asphalt) (tar) meets all requirements of the applicable North Carolina Department of Transportation Specifications, and that the transport tank was clean and free from contaminating materials when loaded. The material transported on the previous load in this tanker was - ." Signed Authorized Representative of Supplier Failure to sign the certification will be cause to withhold use of the material until a sample can be taken and tested. 5. The Engineer reserves the right to sample and test any shipment regardless of whether or not the above conditions have been met and to reject any material not meeting the requirements of the specifications. Rev. 1017/98 PROJECT #99710 02510 - Page 2 1.04 DELIVERY AND STORAGE A. SURGE STORAGE BINS Surge storage bins may be used providing the mix that is discharged from the bin meets the requirements of the job mix formula. B. HOT MIX SILO STORAGE BINS Hot mix silo storage bins may be used providing the mix that is discharged from the bin meets the requirements of the job mix formula. C. TRANSPORTATION OF BITUMINOUS MIXTURE 1. The mixture shall be transported from the mixing plant to the point of use in vehicles which have tight, clean, smooth metal beds that have been sprayed with a lime solution, a soap and oil solution, or other approved material, to prevent the mixture from adhering to the beds. Each vehicle shall be covered with a canvas or other suitable material. All covers shall be so constructed and secured as to prevent the entrance of moisture and the rapid loss of temperature. A 3/8" diameter hole shall be provided on each side of the vehicle body near the center of the body and 6" above the bed of the vehicle for the purpose of inserting a thermometer. 2. The temperature of the mixture immediately prior to discharge from the hauling vehicle shall be within a tolerance of plus 15°F. to minus 25°F. of the specified job mix temperature. PART 2: PRODUCTS 2.01 MATERIALS A. COMPOSITION OF MIXTURES 1. The bituminous plant mix shall be composed of a mixture of aggregate, asphalt cement, and mineral filler when required. The several aggregate fractions shall be sized, uniformly graded, and combined in such proportions that the resulting mixture meets the grading requirements of a job mix formula prepared by the Engineer. Materials which will not produce a job mix within the .full allowable tolerances required by these specifications will be rejected. Rev. 1017/98 PROJECT #99710 02510 - Page 3 2. The job mix formula with the allowable tolerances shall be within the design limits specified for the particular type of bituminous mixture. The job mix formula for each mixture will establish a single percentage of aggregate passing each required sieve size, a single percentage of asphalt cement to be added to the aggregate, and a single temperature at which the mixture is to be discharged from the plant. 3. The job mix formula for each mixture shall be in effect until modified in writing by the Engineer. 4. All mixtures furnished for the work shall conform to the job mix formula within the tolerance ranges specified for the particular mix involved as specified herein. 5. Should a change in sources of aggregate materials be made, a new job mix formula will be required before the new mixture is produced. 6. When unsatisfactory results or other conditions make it necessary, the Engineer may establish a new job mix formula. 7. The asphalt cement for the mixture will be accepted at the source subject to the provisions of these specifications. Silicone shall be added to all asphalt cement used in surface courses and open -graded asphalt friction course, Type J-1, unless otherwise directed by the Engineer. The amount of silicone added shall range from 1 oz. per 2,000 gallons of asphalt cement to 1 oz. per 2,500 gallons. The addition of the silicone to the asphalt cement shall be in the presence of the Engineer unless it is added at the source and it is so noted on the delivery ticket. 8. The brand of silicone used shall be from the list published by the N. C. Department of Transportation. A Contractor proposing to use a brand not on the approved list shall submit a sample and manufacturer's data to the Engineer for approval prior to use. 9. Bituminous Concrete Base Course, Type HB a. A combination of graded coarse and fine aggregates will be required which will produce an acceptable mix. The coarse aggregate shall consist of standard sizes No. 1 and No. 13, except that other standard sizes may be used when approved by the Engineer. Rev. 1017/98 PROJECT #99710 02510 - Page 4 b. At least 1/2 of the fraction passing the No. 200 sieve shall be mineral filler or stone screenings. C. The total natural sand or sands in the mixture will be tested in accordance with AASHTO T11 to determine the amount of material which can be washed through the No. 200 sieve. The total amount of such washed material shall not exceed 8% by weight of the total aggregate in the mixture. The above test will be performed prior to establishing the design mix and, when required by the job mix formula, prior to the entry of the sand into the drier. 10. Bituminous Concrete Surface Course, Type 1-1 and 1-2 a. A combination of graded coarse and fine aggregates will be required which will produce an acceptable mix. The use of crusher run material will not be permitted. The coarse aggregate shall consist of standard size No. 13, except that other standard sizes may be used when approved by the Engineer. b. At least 1/2 of the fraction passing the No. 200 sieve shall be mineral filler or stone screenings. C. The total natural sand or sands in the mixture will be tested in accordance with AASHTO T11 to determine the amount of material which can be washed through the No. 200 sieve. The total amount of such washed material shall not exceed 8% by weight of the total natural sand in the mixture. The above test will be performed prior to establishing the design mix and, when required by the job mix formula, prior to the entry of the sand into the drier. 11. Bituminous Prime Coat All materials shall meet the requirements shown below: a. Prime coat for bituminous surface treatments: i. Asphalt, Grade MC-30 ii. Asphalt, Grade RC-30 iii. Tar, Grade RT-2 iv. Tar, Grade RT-3 Rev. 1017/98 PROJECT #99710 02510 - Page 5 b. Where the grade of bituminous material is not established by the special provisions, the Contractor may select the grade to be used. C. Prime coat for plant mix asphalt: i. Asphalt, Grade RC-30 12. Bituminous Tack Coat All materials shall meet the requirements shown below: 0 PART 3: EXECUTION Tack coat for bituminous surface treatments: i. Asphalt, Grade AC-20 ii. Asphalt, Grade RS-1 H iii. Asphalt, Grade CRS-1 H iv. Asphalt, Grade CRSA When tack coat is required beneath an open -graded asphalt friction course the asphalt grade to be used will be specified on the job mix formula. 3.01 CONSTRUCTION REQUIREMENTS A. BASE COURSE, TYPE HB; SURFACE COURSES TYPES 1-1 AND 1-2 1. General a. The bituminous plant mix shall be compacted to a density of at least 90% of the maximum theoretical density. b. Where the surface course is to be.placed on Type H binder course, the surface course shall be placed as soon as possible after the binder course has been placed and in all cases during the same paving season. The bituminous plant mix shall be compacted to a density of at least 95% of the laboratory density as determined by the Marshall Method Test. Rev. 10/7/98 PROJECT #99710 02510 - Page 6 2. Spreading and Finishing a. Tack coat shall be applied in accordance with the provisions of these specifications. b. The bituminous mixture shall be spread and struck off to the required grades, cross sections, and thicknesses by self contained, power propelled pavers. The pavers shall be equipped with an activated screed or strike off assembly which is designed to be preheated, and shall have a sliding shoe attachment which will form a slope on the edge of the mixture which will prevent edge raveling when the mixture is compacted. C. A string line shall be placed by the Contractor for the first lane of each layer of mixture placed to provide alignment control for the paver, except that a string line will not be required when the first layer is placed adjacent to a curb section. d. Pavers shall be operated at forward speeds consistent with satisfactory laying of the mixture and plant production in order to provide a uniform and continuous laydown operation. Should unevenness of texture, tearing, or shoving occur during the paving operation due to unsatisfactory methods or equipment, the Contractor shall immediately take such action as may be necessary to correct such unsatisfactory work. Throwing back excessive material will not be permitted. e. When placing adjacent lanes of the same course, pavers shall be equipped with a joint matching device which will automatically provide control of the depth of the mixture being placed so that, when compacted, it will match the depth of the existing lane. f. When required by the special provisions, pavers shall be equipped with a joint matching device which will automatically provide control of the depth of the mixture being placed so that, when compacted, it will match the depth of the existing lane. g. When required by the special provisions, pavers shall be equipped with a control system which will automatically control the longitudinal profile and cross slope of the Rev. 10/7198 PROJECT #99710 02510 - Page 7 pavement by the use of either a mobile string line or fixed string line. When a fixed string line is required, the Engineer will furnish grade stakes for the finished pavement grade and the Contractor shall furnish and erect the necessary guideline for the equipment. h. The Engineer will waive the requirement for automatic paver controls in areas where the use of such equipment is impractical due to irregular cross section or shape. In the case of malfunction of the automatic control equipment, the Contractor may manually operate the paver for the remainder of the workday only. The Engineer will waive the requirement for use of pavers for spreading and finishing where irregularities or obstacles make their use impractical and the Contractor shall spread, rake, and lute the mixture by hand methods. j. Roadway paving shall be as continuous as possible. Intersections and irregular areas shall be paved after the adjacent roadway has been paved. 3. Compaction a. Immediately after the bituminous mixture has been spread, struck off, and surface and edge irregularities adjusted, it shall be thoroughly and uniformly compacted. The degree of compaction required shall be in accordance with the applicable section of the specifications for the type of mixture being placed. b. All final wearing surfaces except open -graded asphalt friction course, Type J-1, shall be compacted using a minimum of 2 steel wheel tandem rollers. Steel . wheel tandem vibrating rollers may be used provided they are operated without vibration. C. Rollers used to compact the mixture shall be in good condition, capable of reversing without backlash. The rollers shall be operated with the drive wheels nearest the paver and at speeds slow enough to avoid displacement of the mixture. Steel wheel rollers shall be equipped with wetting devices to prevent the mixture from sticking to the roller wheels. Rev. 10/7198 PROJECT #99710 02510 - Page 8 d. The number and weight of rollers shall be sufficient to compact the mixture to the required density while it is still in a workable condition. e. Rolling for open -graded asphalt friction course shall consist of one coverage with a tandem steel wheel roller weighing a maximum of 10 tons, with additional rolling limited to one coverage with the roller where necessary to improve riding surface. f. The use of rolling equipment with results in excessive crushing of the aggregate or excessive displacement of the mixture will not be permitted. g. In areas inaccessible to equipment, the mixture shall be thoroughly compacted by the use of hand tampers or hand operated mechanical tampers. h. The tolerance of the final compacted pavement shall be 1 1/4" from the typical cross -sections shown on the plans. 4. Joints a. Transverse Joints When the laying of the mixture is to be suspended long enough to permit the mixture .to become chilled, transverse joints shall be constructed. At the end of the day's operation the Contractor shall construct a sloped wedge ahead of the end of the full depth pavement to provide for proper compaction and protection of the full depth pavement. When directed by the Engineer, the Contractor shall place a paper parting strip beneath this wedge to facilitate joint construction. ii. Before paving operations are resumed, the Contractor shall remove the sloped wedge and cut back into the previously constructed pavement to the point of full pavement depth. The exposed edge of the previously constructed pavement shall then be lightly coated with tack coat. Rev. 1017/98 PROJECT #99T10 02510 - Page 9 L7 iii. When laying of the mixture is resumed at the joint, the construction of the joint shall be completed while the mixture is still in a workable condition. Longitudinal Joints i. Longitudinal joints shall be formed by allowing the paver to deposit the mixture adjacent to the joint to such depth that maximum compaction can be obtained along the joint. The joint shall be pinched by rolling immediately behind the paver. ii. When multi -lane multi -layer construction is required, the longitudinal joint in each layer shall offset that in the layer immediately below by approximately 6 inches. The joint in the top layer shall be constructed, where possible, between design travel lanes. 5. Weather and Temperature Limitations a. Bituminous mixtures shall not be produced or placed during rainy weather, when the subgrade or base course is frozen, or when the moisture on the surface to be paved would prevent proper bond. Bituminous material shall not be placed when the air temperature, measured in the shade away from artificial heat at the location of the paving operations, is less than the following temperatures: Bituminous Concrete 1-1/2" or Greater 35OF Base Course, Type HB; Bituminous Concrete Binder Course; or Sand Asphalt Base Course Bituminous Concrete Less Than 1- 40OF Bind Course, or Sand 1/2" Asphalt Base Course Surface Course 1" or Greater 40OF Materials (except final layer) Surface Course 1" or Greater 40OF for Final Layer except Materials 50OF Between Nov. 1 & April 1 Surface Course Less Than 1" 50°F, except 60OF Between Materials Nov. 1 & April 1 Rev. 1017/98 PROJECT #99710 02510 - Page 10 b. In addition, open -graded asphalt friction course, Type J-1, shall not be placed between November 1 and April 1. C. As an exception to the above, when in any day's operations the placement of a layer of bituminous base course material or binder material 1-1/2" or greater in thickness has started, it may continue until the temperature drops to 32' F. B. BITUMINOUS PRIME COAT 1. Base Preparations a. The base shall be cleaned of objectionable dust, dirt, clay, and any other deleterious matter prior to placing the prime coat. b. When directed by the Engineer, the Contractor shall dampen the surface of the base prior to the application of the prime coat. 2. Equipment The distributor shall be so designed, equipped, maintained, and operated that bituminous material at even heat may be applied uniformly on variable widths of surface at predetermined and controlled rates. The width of application shall not exceed 20'-6" unless otherwise permitted in writing by the Engineer. Distributor equipment shall include an accurate volume measuring device or a calibrated tank, and a thermometer for measuring the temperature With ra of the tank contents. The distributor shall be equipped power driven pump, full circulation spray bars adjustable laterally and vertically, and hand hose for hand application. The volume of the distributor tank shall be calibrated by a commercial laboratory prior to use and the calibration chart shall be kept with the distributor at all times. 02510 - Page 11 Rev. 1017/98 PROJECT #99710 3. Application Rates and Temperature The rates of application of prime coat and the temperature at which the bituminous material shall be applied will be established by the Engineer and shall be within the limits shown in the Table below: TABLE APPLICATION RATES AND TEMPERATURES FOR PRIME COAT Bltuminou Materlal Application Rates (Gallons Per - Square Yard) Application ;• Te"mperature, . Asphalt, Grade MC-30 0.18-0.45 90OF - 130OF Asphalt, Grade RC-30 0.18-0.45 900 F -130OF Tar, Grade RT-2 0.18-0.45 100OF -125OF Tar, Grade RT-3 0.18-0.45 100OF -125OF The required rates of bituminous materials shall be the volume of the material measured at 60' F. 4. AAgplication a. When the plans require the base course to be constructed with side slopes flatter than 1:1, the prime shall be applied to the full width of the base including the side slopes. b. Prime coat shall be applied only when the base to be treated has been approved by the Engineer. C. A string line shall be placed by the Contractor to provide alignment control for the distributor during prime coat application unless waived by the Engineer. d. Bridge floors, curbs, and handrails of structures and all other appurtenances shall be covered to prevent prime coat from being tracked or splattered on the structures or appurtenances. e. After the prime coat has penetrated sufficiently, when directed by the Engineer the Contractor shall roll the primed surface until all loose base material is thoroughly bonded. Rev. 1017198 PROJECT #99710 02510 - Page 12 5. Weather Limitations a. Prime shall be applied only when the surface to be treated is sufficiently dry and the atmospheric temperature in the shade away from artificial heat is 40°F or above for plant mix, and 50°F or above for bituminous surface treatment. b. Prime coat shall not be applied when the weather is foggy or rainy. 6. Maintenance and Protection a. The prime coat shall be allowed to thoroughly penetrate the base. The Contractor shall, when so directed by the Engineer, spread an adequate amount of suitable granular material over the prime coat to avoid its being picked up by traffic. b. The prime shall be maintained in an acceptable condition until such time as the pavement is placed. All maintenance and replacement of damaged prime shall be done at no cost to the Owner. C. BITUMINOUS TACK COAT 1. Surface Preparation a. The surface to which the tack coat is to be applied shall be cleaned of objectionable dust, dirt, clay, and any other deleterious matter prior to placing the tack coat. b. The Contractor shall remove grass, dirt and other materials from the edge of the existing pavement prior to the placement of tack coat. 2. Equipment The distributor shall be so designed, equipped, maintained, and operated that bituminous material at even heat may be applied uniformly on variable widths of surface at predetermined and controlled rates. The width of application shall not exceed 20'-6" unless otherwise permitted in writing by the Engineer. Distributor equipment shall include an accurate volume measuring device or a calibrated tank, and a thermometer for measuring the temperature of the tank contents. The distributor shall be equipped with a Rev. 1017198 PROJECT #99710 02510 - Page 13 3. 4. power driven pump, full circulation spray bars adjustable laterally and vertically, and hand hose for hand application. The volume of the distributor tank shall be calibrated by a commercial laboratory prior to use and the calibration chart shall be kept with the distributor at all times. Application Rates and Temperatures a. Tack coat shall be uniformly applied at a rate from 0.02 to 0.05 gallons per square yard. The exact rate of application will be established by the Engineer. When tack coat is required beneath an open -graded asphalt friction course, the exact rate of application will be specified on the job mix formula and will be within the range of 0.02 to 0.08 gallons per square yard. b. The temperature of the material at the time of application shall be within the ranges shown in the table below: Table Application Temperatures for Tack Coat age`7 Asphalt Cement AC-20 3850 F - 500OF E alt, Grade RS-111 90°F- 150OF lt, Grade CRS-1 H 90°F - 150OF Asphalt, Grade CRS-1 90°F - 150OF Application a. No more tack coat material shall be applied than can be covered with base, binder, or surface course during the following day's operations. b. Tack coat shall be applied only in the presence of and as directed by the Engineer. No base or surface mixture shall be deposited thereon until the tack coat has sufficiently cured. C. Contact surfaces of headers, curbs, gutters, manholes, vertical faces of old pavements, and all exposed transverse and longitudinal edges of each course shall be painted or Rev. 1017/98 PROJECT #99710 02510 - Page 14 sprayed with tack coat before mixture is placed adjacent to such surfaces. d. Bridge floors, curbs and handrails of structures, and all other appurtenances shall be covered to prevent tack coat from being tracked or splattered on the structures or appurtenances. 5. Weather Limitations a. Tack shall be applied only when the surface to be treated is sufficiently dry and the atmospheric temperature in the shade away from artificial heat is 350 F or above. b. Tack coat shall not be applied when the weather is foggy or rainy. 6. Maintenance and Protection After the tack coat has been applied, it shall be protected until it has cured for a sufficient length of time to prevent if from being picked up by traffic. 3.02 QUALITY CONTROL AND TESTING A. SAMPLES 1. Samples of the mixture shall be taken from the full depth of the course at locations designated by the Engineer. 2. Where samples have been taken, new material shall be immediately placed and compacted to conform with the surrounding area by the Contractor. B. SURFACE REQUIREMENTS 1. The surface of the plant mix base or pavement after compaction shall be smooth and true to the required cross section and grade. Any defective areas shall be corrected with satisfactory material which shall be immediately compacted to conform with the surrounding area. Any area showing an excess of asphalt cement shall be removed and replaced. 2. The surface will be tested by the Engineer at all joints and at other selected locations using a 10'-0" straightedge. The variation of the Rev. 1017198 PROJECT #99710 02510 - Page 15 surface from the testing edge of the straightedge, when applied parallel to the centerline of the surface, shall not exceed 1/8" between any two contact points. Areas found to exceed this tolerance shall be corrected by the Contractor by removal of the defective work and replacement with new material unless other corrective measures are permitted by the Engineer. The work and materials required in the correction of defective work shall be provided by the Contractor at no cost. i 3. The Contractor shall repaint and restripe any traffic markings that were damaged, removed or covered during construction. All work shall be done in accordance with NCDOT requirements and specifications. The cost of this work shall be included in the unit bid prices for other related work and no additional payment shall be made. 4. All existing manhole and valve covers shall be raised by the Contractor as necessary prior to paving so that the tops of the covers are flush with the final surface. The cost of this work shall be included in the unit bid prices for other related work and no additional payment shall be made. PART 4: MEASUREMENT AND PAYMENT A. BITUMINOUS CONCRETE BASE COURSE, TYPE HB 1. Measurement The quantity of base course to be paid for will be the actual amount of base course which has been incorporated into the completed and accepted work. 2. Payment a. The quantity of base course, measured as provided in Paragraph 4.A.1 above will be paid for at the contract unit price. The Contractor shall furnish weight tickets for all material placed before payment is made. b. Payment will be made per unit of measurement as indicated on the bid documents. Rev. 1017198 PROJECT #99710 02510 - Page 16 B. BITUMINOUS CONCRETE SURFACE COURSE, TYPE I-1 AND I-2 1. Measurement The quantity of surface course to be paid for will be the actual amount of surface course which has been incorporated into the completed and accepted work. 2. Payment The quantity of surface course, measured as provided in Paragraph 4.13.1 above will be paid for at the contract prices as specified in the bidding documents. In all cases, the Contractor shall furnish copies of certified weight tickets for all surface course placed on the project. C. BITUMINOUS PRIME COAT There shall be no direct payment for the placement of prime coat but it shall be considered incidental to asphalt paving. D. BITUMINOUS TACK COAT There shall be no direct payment for the placement of tack coat but it shall be considered incidental to asphalt paving. END OF SECTION Rev. 1017198 PROJECT #99710 02510 - Page 17 SECTION 02601 1 BORE AND ENCASEMENT PART 1: GENERAL 1.01 SCOPE OF WORK A. The work under this section consists of furnishing all materials, labor, equipment and services required for the complete installation of encasement pipe and carrier pipes under highways and railroads by boring and jacking as shown on the drawings and specified herein. All work in connection with constructing encasement pipes under highways and railroads shall comply with all current requirements of governing highway and railroad agencies. The Contractor shall be familiar with these requirements. The Contractor shall inspect the locations at the proposed crossings and shall familiarize himself with the conditions under which the work will be performed, and with all necessary details and the suitability of his equipment and methods for the work required. PART 2: PRODUCTS 2.01 MATERIALS A. Encasement pipe shall be smooth wall welded steel conforming to ASTM Designation A139, Grade B. The outside of the pipe shall be coated in accordance with AWWA Standard C203. Minimum pipe wall thickness shall be as follows: Rev. 1/14/98 PROJECT #99710 02601 - Page 1 PART 3: EXECUTION 3.01 INSTALLATION A. Encasements shall be installed by boring and jacking unless field conditions require otherwise. It shall be the Contractor's responsibility to notify the Engineer immediately if conditions do not permit a jack and bore installation. B. The encasement pipe shall be of the diameter indicated for the carrier pipe as shown on the drawing. C. Installation of encasement pipe shall include all related work and services such as mobilization of equipment, constructing and maintaining working pits, right-of-way maintenance and restoration, traffic maintenance, mining, excavations, dewatering, sheeting, shoring and bracing for embankments, operating pits, and as elsewhere required shall be placed and maintained in order that work may proceed safely and expeditiously. D. Installation of the casing pipe shall be carried out without disturbance of the embankment, pavement, tracks, or other railroad or highway facilities and without obstructing the passage of traffic at any time. E. The driven portions of the casing shall be advanced from the lower end of the casing unless specific permission to do otherwise is obtained by the Contractor from the Engineer. F. The alignment and grade shall be carefully maintained and the encasement pipe installed in a straight line. G. The space outside the encasement and the ground shall be filled with grout, sand or pea gravel, as directed by the Engineer. The Engineer will direct that this space be filled if the space is large enough to cause any earth settling. H. Before the pipe is installed in the casing, bolt -on metal --skids painted with bitumastic paint shall be rigidly fastened to the barrel of the pipe. After completion of the casing, the Contractor shall insert the pipeline in pre jointed segments. No contact will be permitted between the casing and the carrier pipeline. Rev. 1114/98 PROJECT #99710 02601 - Page 2 PART 4: MEASUREMENT AND PAYMENT A. Quantities of encasement pipe installed by the boring and jacking method shall be determined by measuring the actual lineal feet of encasement pipe installed with proper alignment and grade. No payment shall be made for encasement pipe that does not match the alignment and grade requirements. Also, no payment shall be made for a failed bore attempt or excavation for a bore pit that cannot be used. B. Payment shall be for the total number of lineal feet of encasement pipe installed at the respective unit price bid for the item. C. Price and payment shall constitute full compensation for furnishing all equipment, labor, tools, and materials to complete all of the work required under this section including excavation of working pits, encasement pipe, carrier pipe, dewatering, shoring, etc. END OF SECTION Rev. 1/14/98 PROJECT #99710 02601 - Page 3 SECTION 02730 SANITARY SEWER PIPE AND APPURTENANCES PART 1: GENERAL 1.01 SCOPE OF WORK A. Furnish all labor, equipment, materials and incidentals necessary to install and complete the sanitary sewer and/or force main installation in accordance with the plans. All pipe and appurtenance material shall be of the type and class specified herein. B. All sewer pipe and force main excavation, bedding, pipe laying, jointing and coupling of pipe joints and backfilling shall be completed as described herein. 1.02 SUBMITTALS A. Shop drawings or submittals shall be required for the following: 1. All sizes and types of pipe on the project. 2. Pipe fittings and couplings. 3. All valves, valve boxes, manholes, manhole frames and covers, air relief valves or any other required for completion of the project. 1.03 DELIVERY, STORAGE AND HANDLING A. The Contractor shall unload pipe and appurtenances so as to avoid deformation or other injury thereto. Pipe shall not be placed within pipe of a larger size and shall not be rolled or dragged over gravel or rock during handling. The Contractor shall store the pipe and appurtenances on sills above storm drainage level and deliver for laying after the trench is excavated. When any material is damaged during transporting, unloading, handling or storing, the undamaged portions may be used as needed, or, if damaged sufficiently, the Engineer will reject the material as being unfit for installation. Rev. 2/24/99 PROJECT #99710 02730 - Page 1 PART 2: PRODUCTS 2.01 MATERIALS A. PIPE 1. All materials shall be first quality with smooth interior and exterior surfaces, free from cracks, blisters, honeycombs and other imperfections, and true to theoretical shapes and forms throughout. All materials shall be subject to the inspection of the Engineer at the plant, trench, or other point of delivery, for the purpose of culling and rejecting materials which do not conform to the requirements of these specifications. Such material shall be marked by the Engineer and the Contractor shall remove it from the project site upon notice being received of its rejection. 2. As particular specifications are cited, the designation shall be construed to refer to the latest revision under the same specification number, or to superseding specifications under a new number except provisions in revised specifications which are clearly inapplicable. 3. Ductile Iron Sewer Pipe (DIP) a. Ductile Iron Pipe shall be as manufactured in accordance with ASTM A 746, ANSI Specification A21.50 and A21.51 and shall be Class 350 unless otherwise specified on the drawings. b. The pipe interior shall be cement mortar lined and seal coated, standard thickness, in accordance with ANSI Specification A21.4. C. The exterior of all pipe shall be coated with either a coal or asphaltic base bituminous pipe coating in accordance with ANSI Specification A21.8. d. Pipe shall be furnished with Slip Joints, Mechanical Joints, or Flanged Joints as indicated on the drawings and in accordance with the specifications described below: e. Slig Joints - This pipe joint shall be done by guiding the plain end of the pipe into the bell end until contact is made with a gasket and by exerting a sufficient compressive force to Rev. 2/24199 PROJECT #99710 02730 - Page 2 drive the plain end through the gasket until the plain end makes full contact with the base of the bell. i. Bells of slip -joint pipe shall be contoured to receive a circular rubber gasket and plain ends shall have a slight taper to facilitate installation. ii. The circular gasket shall be furnished by the pipe manufacturer and shall be manufactured in accordance with ANSI Specification A21.11. iii. The pipe manufacturer shall also furnish the lubricant used to assist in the pipe installation. f. Mechanical Joints - This pipe joint is essentially the same as the slip joint except it is furnished with a cast iron clamp which acts as a retainer to hold circular rubber gasket in place. All mechanical type joints shall be furnished by the pipe manufacturer and manufactured in accordance with ANSI Specification A21.11. i. All bolts shall be tightened by means of torque wrenches in such a manner that the following shall be brought up toward the pipe evenly. If effective sealing is not obtained by tightening the bolts to the specified torques, the joint shall be disassembled and reassembled after thorough cleaning. g. Flanged Joints - The flanged pipe joint is composed of a flat steel plate shop fitted on the threaded end of the ductile iron pipe. The flanges shall be accurately faced at right angles to the pipe axis and shall be drilled smooth and true. i. Flanged joints shall be furnished with 125 lb. flanges drilled in accordance with ANSI Specification B16.1. ii. In general, flanged joints shall be made up with through bolts of the required size. Stud or tap bolts shall be used only where shown or required. iii. Gaskets for flanged joints shall be the ring type of cloth inserted rubber or rubber with a minimum thickness of 1/8". Rev. 2124/99 PROJECT #99710 02730 - Page 3 iv. Connecting flanges shall be in proper alignment and no external force shall be used to bring them together. Bolts and gaskets shall be furnished by the installer of piping for joints connecting the piping with equipment, as well as for those between pipe and fittings, whether such equipment and piping is furnished by the installer or not. 4. Polyvinyl Chloride Sewer Pipe (PVC) a. Gravity - Polyvinyl Chloride Pipe shall be as manufactured in accordance with ASTM D-3034, latest edition, and shall be suitable for use as a gravity sanitary sewer pipe. The standard dimension ratio (SDR) shall be 35 unless otherwise specified on the contract drawings. b. All polyvinyl chloride pipe joints shall be of an integral bell and spigot of the same material as the pipe. It shall have a solid cross-section with rubber "0" ring securely locked in place at the point of manufacture. C. Force Main - Polyvinyl chloride pipe shall be as manufactured in accordance with ASTM D-2241, latest edition, and shall be suitable for use as a sanitary sewer force main pipe. The standard dimension ratio (SDR) shall be 18 or 21 as shown on the contract drawings. d. All polyvinyl chloride pipe shall be of an integral bell and spigot of the same material as the pipe. It shall have a solid cross-section, with rubber "0" ring securely locked in place at the point of manufacture. e. Where PVC pipe is installed in iron pipe size (IPS), an IPS gasket shall be furnished with each fitting to insure compatibility. 5. Reinforced Concrete Sewer Pipe (RCP) a. Reinforced concrete sewer pipe shall be furnished in accordance with ASTM C-76, latest edition, and shall be suitable for use as a gravity sanitary sewer pipe. The pipe shall be Class III, wall thickness B, with spigot groove joint. The rubber "0" ring gasket shall form a flexible water -tight seal at the assembled pipe joint and manufactured in accordance with ASTM C-443. Rev. 2/24/99 PROJECT #99710 02730 - Page 4 b. The pipe manufacturer shall furnish to the Engineer certification from an independent laboratory that the alkalinity of the pipe is at least 90% calcium carbonate equivalent. Certification shall also be furnished by the pipe manufacturer stating the type of aggregate used in the pipe. 6. Galvanized Steel Pipe and Fittings a. Galvanized steel (mill) pipe shall be manufactured in accordance with AWWA Standard C202 and ASTM A370. b. The pipe is to be seamless (weldless) tubular steel pipe manufactured in straight standard length (21'-0"). Each length shall be subjected to an internal hydrostatic pressure test by the manufacturer. The Engineer may request certified copies of the testing results for the pipe purchased for this project. C. Unless otherwise stated in the bid schedule or noted on the drawings, the diameter shall mean the nominal inside diameter of pipe as covered by the applicable section(s) of AWWA C-202. d. The maximum working water pressure, including water hammer allowance, for this pipe material shall be taken as 250 psi. e. All pipe lengths shall be threaded National Standard Thread (NSPT) at the point of manufacture. Where other end preparation is required, it shall be as specified on the contract drawings. 7. Fittings Whenever the sanitary sewer force main has a. -significant change in alignment or grade it will be necessary to furnish and install a fitting made of either cast/ductile iron or galvanized steel. The specifications for the force main fittings are described below: a. Cast Iron/Ductile Iron - All cast iron and ductile iron fittings shall be mechanical joint manufactured in accordance with ANSI Specification A-21.1 and AWWA Standard C-110 for underground piping. Rev. 2/24/99 PROJECT #99710 02730 - Page 5 The interior of the fittings shall be cement mortar lined and seal coated in accordance with ANSI Specification A21.4 and AWWA C-104. b. Galvanized Steel - See Section 2.01.6 above. 8. Gate Valves All gate valves shall be designed for a working pressure of 200 psi unless otherwise specified and shall have a clear waterway equal to the full nominal diameter of the pipe and shall be opened by turning counterclockwise. Each valve shall have the initials of the maker, pressure rating and year of manufacture cast on the body. Prior to shipment from the factory, each valve shall be tested by hydraulic pressure equal to twice the specified working pressure. Valves shall be operated by handwheel or operating nut as herein specified and shall have an arrow cast in the metal indicating the direction of opening. Valves to be installed underground shall be non -rising stem type while valves installed above ground or in buildings and structures shall have rising stems. All gate valves 16" or larger shall have a 3" bypass with valve. a. Gate Valves 2" and Smaller Gates valves 2" and smaller shall be all brass, single disc type, double seat tapered wedge type built to manufacturer's standards with material and construction conforming to AWWA C-500. ii. Each valve shall have a 2" operating nut. Valves shall have screwed ends conforming to NPT standards. b. Resilient Seated Wedge Valve i. Gate valves 3" through 24" diameter size shall be of the ductile iron body, resilient seated wedge type meeting the requirements set forth in AWWA C-509 and AWWA C-500. All valves shall be from one manufacturer and parts interchangeable. ii. Gate valves shall have body, bonnet and gate manufactured of ductile iron conforming to ASTM A- 536. The shell thickness of all components shall Rev. 2/24199 PROJECT #99710 02730 - Page 6 conform to the thicknesses in Table 2, Section 4.4 of AWWA C-509 and C-500. The valve body and bonnet shall be coated on both the interior and exterior surfaces with a fusion bonded epoxy paint conforming to AWWA C-550. iii. The gate shall be fully covered with a rubber cover over all exterior and interior ferrous surfaces. The rubber shall be securely bonded to the gate body, including the part which houses the stem nut. The gate and rubber coat shall conform to ASTM D429. iv. Valve stems shall be cast bronze. The stuffing box shall use "O"-ring seal type with two rings located above the thrust collar. The rings shall be replaceable with the valve fully open and under pressure. V. Valves larger than 12" diameter shall be designed for horizontal installation with beveled gear boxes with reduction gears to reduce the number of turns required to operate valve. C. Double Disc Tvpe Gate Valves i. Gate valves larger than 24" diameter size shall be of the ductile iron body, double disc parallel seat type meeting the requirements set forth in AWWA C-500. All valves shall be from one manufacturer and parts interchangeable. ii.. Gate valves shall have body, bonnet and gate manufactured of ductile iron conforming to ASTM A- 536. The shell thickness of all components shall conform to the thicknesses in C-500. The valve body and bonnet shall be coated on both the interior and exterior surfaces. iii. The gates shall be high strength cast iron, sturdily proportioned without pockets on the backs. All cam surfaces shall open to the bottom. Gate rings shall be rolled into a dovetail groove under pressure to make a single insertable finish. Rev. 2124/99 PROJECT #99710 02730 - Page 7 iv. Valves shall use bottom wedging type design with a two part floating wedge contact. The wedge and f� hook shall be separate castings and not a single piece. V. Valve stems shall be cast bronze. The stuffing box shall use "O"-ring seal type- with two rings located above the thrust collar, The rings shall be replaceable with the valve fully open and under pressure. vi. Valves shall be designed for horizontal installation with beveled gear boxes with reduction gears to 11 reduce the number of turns required to operate valve. Valves shall have bronze rollers, tracks, and scrapers. " vii. All valves shall be supplied with a bypass as a part of the valve. Bypass shall be a minimum of 3" diameter 11 with a 3" resilient seated wedge valve. 9. Sewage Air Relief Valves a. The air/vacuum release valve shall be designed specifically for use on sanitary sewer pressure (force) mains. It shall " exhaust large volumes of air which may be present in a system during filling of the main or On pump start-up. It shall also allow air to re-enter when the system is drained intentionally or due to a break in the main (prevents vacuum from forming). ,I b. The valve shall feature stainless steel trim as standard manufacture with stainless steel floats, Buna-N seating and cast iron housing. 10. Flexible Couplings Whenever it becomes necessary to join sewer pipe lines of dissimilar materials or pipe sizes it shall be required to use a flexible coupling. The coupling shall be made of virgin polyvinyl chloride (PVC) and shall not harden and shall be impervious to all known soil conditions. The coupling shall provide a permanent leakproof seal approved by the Southern Building Code Congress and manufactured in accordance with ASTM #C-594-70. The Rev. 2124/99 PROJECT #99710 02730 - Page 8 t couplings shall be as manufactured by Fernco Joint Sealer Company or an approved equal. 11. Manholes a Precast concrete manhole bases, risers and cones shall conform to ASTM C 478, latest revision of Precast Reinforced Concrete Manhole Sections. Tapered section and transition sections, where required, shall be of eccentric cone design, having the same wall thickness and reinforcement as the cylindrical ring sections. Flat slab tops shall be required for very shallow manholes and where shown or specified. Cast iron manhole covers and assemblies shall be cast into slab tops for access into manholes. b. Maximum compressive strength of concrete shall be 4,000 psi and the maximum permissible absorption shall be 6.5%. Risers shall be reinforced with a single cage of steel placed within the center third of the wall. The tongue or the groove of the joint shall contain one (1) line of circumferential reinforcement equal in area to that in the barrel of the manhole riser. The minimum cross -sectional area of steel per linear foot shall be 0.12 square inches for larger sizes. Precast manhole section shall fit together readily and shall have a self-contained "O" ring rubber gasket conforming to ASTM C-443. C. The quality of materials, the process of manufacture, and the finished manhole sections shall be subject to inspection and approval by the Engineer and his inspector. The manhole sections shall be perpendicular to their longitudinal axis within the limits listed in ASTM C 478. d. Frames and Covers Frames and covers shall be cast iron of superior quality, tough and even texture. Castings shall be gray iron conforming to ASTM A 48, size as indicated, free from blow holes, porosity, hard spots, shrinkage distortion, or other defects, well cleaned and coated with asphalt paint. This paint shall result in a smooth coating, tough and tenacious when cold, not tacky and not brittle. The bearing surface between frame '� Rev. 2/24199 PROJECT #99710 02730 - Page 9 and cover shall be machined to prevent rocking and rattling. ii. The standard manhole casting shall be designed for heavy duty use with a 210 pound frame and 130 pound cover. Acceptable products include Sumter Machinery Company (#MC-18 & MF-11), Dewey Brothers Foundry (#MHRCR-2001) or an approved equal. Special waterproof manhole frame and covers shall be installed only at those locations indicated on the ' contract drawings. Acceptable products include Neenah Foundry, Sumter Machinery Company, Dewey Brothers Foundry, or an approved equal. iv. The frame and cover shall be properly set in a bed of mortar and aligned to fit the top section of the manhole. Concrete brick, set in mortar, shall be used to adjust the top of the frame and cover to finished grade; however, no more than four (4) courses of brick will be used for adjustment. e. Manhole Inverts i. Manhole inverts and benches shall be constructed in accordance with the standard details shown on the drawings. Invert shall be a U-shaped channel with a height of 0.8 of the diameter and shall ba smooth continuation of the pipe. The benches be constructed with a slope of 1" per foot to the channel. ii. The channel and invert shall be constructed with a minimum of 2000 psi concrete or brick fill with concrete finish minimum 1 thick. Where sewer changes directions at the manhole, channel shall be constructed with a -smooth curve with as large a radius as the diameter of the manhole will allow. f. Manhole Drops Standard drop manholes will be constructed acted only t those the locations shown on the drawings or a approved of the drop connection shall be in Engineer. The design accordance with the standard detail drawing. The cost of Rev. 2124/99 PROJECT #99710 02730 - Page 10 i. the extra pipe, labor, etc. required to construct a drop manhole will be included in the unit price for the drop manhole at the depths listed. g. Manhole Vents Where designated on the contract drawings, a 4" diameter vent pipe shall be installed as an integral part of the manhole. The vent pipe is to be tapped in to the upper most section of the manhole, anchored in concrete and extended vertically to the elevation shown on the drawings. The pipe shall have a reverse bend and screen to prohibit rain and foreign materials from entering pipe. ii. The pipe material shall be Schedule 40 Galvanized Steel with two (2) coats of epoxy paint approved by the Engineer. PART 3: EXECUTION 3.01 INSTALLATION A. EXCAVATION 1. The work covered by this section consists of the excavation and satisfactory disposal of all materials excavated in the construction of trenches. 2. Trenches will be defined as all excavation for the installation of storm sewers, sanitary sewers, water pipe, manholes, catch basins, hydrants, watergates, sewer services, water taps, drainage structures, drainage ditches and other unclassified excavation as may be deemed necessary by the Engineer. 3. The excavation shall be done to the lines, grades, typical sections, and details shown on the plans or established by the Engineer. All work covered by this section shall be coordinated with the grading, construction of drainage structures, and other work along the project, and shall be maintained in a satisfactory condition so that adequate drainage is provided at all times. Any roots which protrude into the trench shall be trimmed flush with the sides of the trench. Trenches for pipe lines shall be completed before the pipe is installed unless otherwise permitted by the Engineer. Rev. 2/24/99 PROJECT #99710 02730 - Page 11 4. All trenches shall be excavated in accordance with all applicable OSHA regulations or other regulations having jurisdiction at the project site. 5. All excavation shall be by open cut unless otherwise authorized by the Engineer. If the bottom of the excavation is found to consist of rock or any materials that cannot be excavated to give a uniform bearing surface, the material shall be removed to a depth at least 6" below established bottom grade and backfilled to grade with sand thoroughly compacted in place. Any excavations carried below the depths indicated, without specific directions, shall be backfilled in the same manner. The excavation shall be of sufficient width to allow a clearance of not less than 6" between the side of the trench and the outside of the pipe, or in case of pipe with a bell, the outside of the bell of the pipe. This rule will apply at all times, and consequently, proper allowance must be made for additional space required for sheeting the trench where necessary. Maximum trench width, unless as otherwise authorized by the Engineer, as measured at a depth of 2'-0" above the top of the pipe shall be 30" or 10" clearance from the outside of the pipe, whichever is greater. 6. Sheeting Bracing Trenches and Trench Boxes a. If necessary, the Contractor will be required to keep the sides of the excavation vertical by sheeting and/or bracing or the use of a trench box to prevent movement by slides or settling of the sides of the trench, in such manner as to prevent injury or displacement of the pipe or appurtenances or diminish the working space required at the sides of the pipe. Also, the Contractor may be required for the purpose of preventing injury to persons or property or adjacent structures in place or to be constructed, to leave sheeting and bracing in place. Sheeting and bracing shall be provided in accordance with OSHA regulations or other regulations having jurisdiction at the project site. b. No sheeting or bracing shall extend closer than 2'-0" off the ground surface, or within subgrade, and no timbers shall be left in the trench that may form pockets or cavities that cannot easily be filled during the operation of backfilling and settling or compacting the trench backfill. It is understood that the Owner will be under no obligation to pay for sheeting or bracing left in place by the Contractor. Failure to sheet and brace trenches or other excavation shall be the Rev. 2124199 PROJECT #99710 02730 - Page 12 Contractor's risk, and he will be held responsible for caving, settlement, and all other damage resulting therefrom r 7. Excavated materials to be used for backfill will be approved by the Engineer, and if acceptable shall be neatly deposited at the sides of the trenches where space is available. Where stockpiling of excavated material is required, the Contractor shall so maintain his operations as to provide for natural drainage and not present an unsightly appearance. Materials which are excess to the needs of the project will be disposed of according to the section on "Waste Material Disposal.". 8. Pipe Foundations a. The preparation of the pipe bedding shall be in accordance with the typical trench cross -sections as shown on the plans for the type of pipe being installed. b. The pipe foundation shall be prepared to be uniformly firm and shall be true to the lines and grades as shown on the plans. Any deviation or field adjustment will require the approval of the Engineer. When a representative of the Engineer is present on the site and is so requested by the Contractor, he may check the position of grades and lines but the Contractor shall be responsible for the finished work conforming to exact and proper line and grade. C. Whenever the nature of the ground will permit, the excavations at the bottom of the trench shall have the shape and dimensions of the outside lower third of the circumference of the pipe, care being taken to secure a firm bearing support uniformly throughout the length of the pipe. A space shall be excavated under and around each bell to sufficient depth to relieve it of any load and to allow ample space for filling and finishing the joint. The pipe, when thus bedded firmly, shall be on the exact grade. d. In case the bed shaped in the bottom of the trench is too low, the pipe shall be completely removed from position, and earth of suitable quality shall be placed and thoroughly tamped to prepare a new foundation for the pipe. In no case shall the pipe be brought to grade by blocking up under the barrel or bell of same, but a new and uniform support must be provided for the full length of the pipe. Rev. 2/24199 PROJECT #99710 02730 - Page 13 e. Where rock or boulders are encountered in the bottom of the trench, the same shall be removed to such depth that no part of the pipe, when laid to grade, will be closer to the rock or boulders than 6". A suitably tamped and shaped foundation of approved material shall be placed to bring the bottom of the trench to proper subgrade over rock or boulders. f. Where the foundation material is found to be of poor supporting value, the Engineer may make minor adjustment in the location of the pipe to provide a more suitable foundation. Where this is not practical, the foundation shall be conditioned by removing the existing foundation material by undercutting to the depth as directed by the Engineer, within limits established on the plans, and backfilling with either an approved material secured from unclassified excavation or borrow excavation at the nearest accessible location along the project, or foundation conditioning material consisting of crushed stone or gravel approved by the Engineer as being suitable for the purpose intended. The selection of the type of backfill material to be used for foundation conditioning will be made by the Engineer. g. The Contractor shall remove all water which may be encountered or which may accumulate in the trenches by pumping or bailing and no pipes shall be laid until the water has been removed from the trench. Water so removed from the trench must be disposed of in such a manner as not to cause injury to work completed or in progress. h. Whenever the bottom of the trench shall be of such nature as to provide unsatisfactory foundation for the pipe, the Engineer will require the pipe to be laid on a washed stone or concrete cradle foundation. Such foundations whether washed stone or a poured concrete cradle, shall be placed by the Contractor and compensation will be allowed the Contractor for the work, based on the unit prices provided in the bid schedule. B. INSTALLING PIPE AND APPURTENANCES 1. Laying Pipe a. The layout of gravity sanitary sewer lines and invert elevations at governing points are as shown on the drawings. Rev. 2/24/99 PROJECT #99710 02730 - Page 14 b. The Contractor shall do all layout work for lines and grades from that information shown on the drawings or as furnished by the Engineer. C. When a laser beam instrument is used to set line and grade, the unit must be maintained in good working order, and the calibration checked daily for both alignment and percent grade. In the event the required accuracy of alignment and grade is not adhered to, the Engineer will prohibit the use of laser beams. d. Pipe shall be laid with bell ends facing in the direction of pipe laying, unless directed otherwise by the Engineer. In all cases, pipe is to be installed in strict accordance with the manufacturer's recommendations and the contract material specifications. The Engineer may augment any manufacturer's installation recommendations if, in his opinion, it will best serve the interest of the Owner. e. Proper tools, implements, and facilities satisfactory to the Engineer shall be provided and used for the safe and convenient prosecution of pipe laying. All pipe and other materials used in the laying of pipe will be lowered into the trench piece by piece by means of suitable equipment in such a manner to prevent damage to the pipe, materials, to the protective coating on the pipe materials, and to provide a safe working condition to all personnel in the trench. Each piece of pipe being lowered into the trench shall be clean, sound and free from defects. It shall be laid on the prepared foundation, as specified elsewhere to produce a straight line on a uniform grade, each pipe being laid so as to form a smooth and straight inside flow line. Pipe shall be removed at any time if broken, injured or displaced in the process of laying same, or of backfilling the trench. f. When cutting short lengths of pipe, a pipe cutter, as approved by the Engineer, will be used and care will be taken to make the cut at right angles to the centerline of the pipe or on the exact skew as shown on the plans. In the case of push -on pipe, the cut ends shall be tapered with a portable grinder, or coarse file to match the manufactured taper. Rev. 2/24/99 PROJECT #99710 02730 - Page 15 g. During times when pipe laying is not in progress, the open ends of pipe shall be closed and no trench water or other material shall be permitted to enter the pipe. h. Where the pipe is {a{he bottomaof the1s01ope rand peoceed laying shall start a upgrade. All pipe upward with the bell end of the new pipe upg p p laid on a grade of 10% or greater shall require thrust blocking and keying as shown on the drawings and standard details. Where pipe lines of different materials are joined together, a standard sewer repair coupling shall be used. The couplings shall be Eastern StandardSewer Fernco Joint Couplings (Missthe n Rubber Company), by the Sealer Company or an equal product approved Engineer. All gravity sewer shall have minimum 12" vertical separation from storm sewer and shall have minimum 10'-0" horizontal separation from water mains or 18" vertical separation above the top of the water main. In the event these separations cannot be met, sanitary sewer and the water main, if applicable, shall be constructed of ductile iron pipe as directed by the Engineer or as shown on the drawings. In addition, all gravity sewer shall have a minimum 100'-0", horizontal separation from wells or other water supplies. Rev. 2/24/99 PROJECT #99710 02730 - Page 16 2. Manholes a. Sanitary sewer manholes shall be installed at each break in line or grade in each sanitary sewer line as shown on the contract drawings. b. The manhole foundation shall be prepared so as to provide a firm, level area on which to place the precast concrete manhole base section. When poor foundation soil is encountered or excess groundwater exists, the foundation shall be excavated 12" below the final subgrade elevation backfilled with washed stone to provide a proper foundation. C. The manhole sections shall be lifted from the side of the excavation to the bottom of the trench with equipment and support slings capable of safely handling the heavy concrete pieces. The manhole shall be set plumb and adjusted to the final finished surface grade with brick and mortar. d. Pipe openings shall be exactly aligned to that of the pipe entering and leaving the manhole. The gravity sanitary sewer pipe lines shall be placed in the manhole openings, properly aligned, and set to grade. Sanitary sewer shall be connected to the manholes using lock joint flexible manhole sleeves or equal. e. For large diameter pipe where a flexible rubber sleeve is not available, the pipe line shall be sealed into the manhole using an expanding type or non -shrink type grout. f. Manhole steps shall be properly spaced as shown in the standard detail drawing, but in no case more than 15" on center. The steps shall be made of heavy cast iron (1" thick), reinforced plastic (ASTM 2146-Type II), or aluminum (minimum load 1000 Ibs.). 3. Manhole Frames and Covers The frame and cover shall be properly set in a bed of mortar and aligned to fit the top section of the manhole. Concrete brick, set in mortar, shall be used to adjust the top of the frame and cover to finished grade; however, no more than four (4) courses of brick will be used for adjustment. Rev. 2/24199 PROJECT #99710 02730 - Page 17 4. Manhole Invert a. Manhole inverts and benches shall be constructed in accordance with the standard details shown on the drawings. Invert shall be a U-shaped channel with a height of 0.8 of the diameter and be a smooth continuation of the pipe. The benches shall be constructed with a slope of 1" per foot to the channel. b. The channel and invert shall be constructed with a minimum of 2000 psi concrete or brick fill with concrete finish minimum 1" thick. Where sewer changes directions at the manhole, channel shall be constructed with a smooth curve with as large a radius as the diameter of the manhole will allow. 5. Manhole Drops Standard drop manholes will be constructed only at those locations shown on the drawings or as approved by the Engineer. The design of the drop connection shall be in accordance with the standard detail drawing. The cost of the extra pipe, labor, etc. required to construct a drop manhole will be included in the unit price for the drop manhole at the depths listed. 6. Manhole Vents a. Where designated on the contract drawings, a 4" diameter vent pipe shall be installed as an integral part of the manhole. The vent pipe is to be tapped in to the upper most section of the manhole, anchored in concrete and extended vertically to the elevation shown on the drawings. The pipe shall have a reverse bend and screen to prohibit rain and foreign materials from entering pipe. b. The pipe material shall be Schedule 40 Galvanized Steel with two coats of epoxy paint approved by -the Engineer. 7. Fittinas (Force Main a. All plugs, caps, tees, bends, and other fittings shall be provided with adequate thrust blocks. Thrust blocks shall be constructed to the minimum dimensions shown on the drawings or as directed. Thrust blocks shall be made of { concrete and shall bear directly against the undisturbed trench wall. Where possible, the backing shall be so placed Rev. 2124199 PROJECT #99710 02730 - Page 18 that the fitting joints will be accessible for repair. All bolts and pipe joints shall be protected against contact with thrust block concrete by the installation of a polyethylene film placed between the fittings and the poured concrete. Where any section of a main is provided with concrete thrust blocks, the hydrostatic pressure test shall not be made until three days after installation of the concrete thrust blocks unless otherwise approved by the Engineer. b. Where trench conditions are, in the opinion of the Engineer, unsuitable for thrust blocks, the Contractor shall provide steel tie rods and socket clamps to adequately anchor the piping. All tie rods and clamps shall be given a bituminous protective coating or shall be galvanized. C. Concrete for thrust blocks shall consist of a mix of Portland Cement, fine and coarse aggregate and water to produce concrete with a* minimum compressive strength at 28 days of not less than 3000 psi when tested in accordance with ASTM Specifications C 39 or C 42. Sakrete or any similar material will not be permitted under any circumstances. 8. Gate Valve and Valve Box (Force Main) a. When shown on the contract drawings, a standard gate valve shall be installed in the sanitary sewer force main. Before setting each valve, the Contractor shall make sure the interior is clean and shall test the valve for proper opening and closing. Valves shall be set with stems plumb, unless horizontal installation is called for on the drawings, and at the exact location(s) shown on the drawings. b. A standard type valve box shall be installed over each underground sanitary sewer force main valve. All valve boxes shall be set plumb with their top set flush with the finished grade. C. Trench backfill shall be properly tamped for a distance of 3'-0" on each side of the valve and valve box. 9. Sewage Air Relief Valve (Force Main) a. A sanitary sewage air relief valve shall be installed at the locations shown on the contract drawings and the actual high points in the line. Rev. 2/24/99 PROJECT #99710 02730 - Page 19 b. A standard air relief valve installation, as shown in detail in the contract drawings, shall consist of the force main tap, air relief valve, precast concrete manhole sections, and standard heavy duty iron frame and cover. C. BACKFILLING AND COMPACTION 1. Backfill trenches immediately after approval of the pipeline construction. 2. Pipes a. Use backfill carefully placed in uniform layers not exceeding 6" in thickness to a depth of 2'-0" over the top of the pipe. Place material and fill the area under the pipe haunches. Place each layer, moisten; then uniformly compact by use of hand, pneumatic, or mechanical tampers exercising care to prevent lateral displacement. Areas of backfill 2'-0" over top of pipe to top of trench, shall be backfilled with a material containing no rocks larger than 6" in the greatest dimension and shall be free of material with an exceptionally high void content. The initial backfill shall meet the same requirements except no rocks over 4" in diameter will be allowed. b. Moisten backfill above 2'-0" over the top of the pipe and place in 8" layers. Compact each layer with hand, pneumatic or mechanical compactor. Puddling or flooding of trench for consolidation of backfill or use of wheel rolling by construction equipment will not be permitted. 3. If material excavated from the trench is unsuitable to be used as backfill, "select backfill" shall be transported to the site by the Contractor from outside the project limits to be used as backfill material. Material excavated in conjunction with the construction of the project is not considered "select backfill" for payment purposes. 4. Roadways and Road Crossings Use backfill placed in uniform layers not exceeding 6" in thickness for full trench depth and width, thoroughly compacted with mechanical tampers under optimum moisture conditions to 95% compaction (100% for the top 2'-0" of subgrade beneath pavements). Replace removed paving and base course with new Rev. 2/24/99 PROJECT #99710 02730 - Page 20 material of equal or better quality and of the same texture and color as the adjacent roadway. 5. All backfill shall be compacted so as not to damage the pipe and appurtenances and shall be compacted to 95% of the Standard Proctor Test (100% for the top 2'-0" of subgrade beneath pavements) for the various types of backfill material. Methods of backfilling shall be in strict accordance with the pipe manufacturer's recommendations. All backfill material shall have been approved by the Engineer. Select backfill material shall be used when requested by the Engineer. 6. Care shall be taken during backfill and compaction operations to maintain alignment and prevent damage to the joints. The backfill shall be kept free from stones, frozen lumps, chunks of highly plastic clay, or other objectionable material. All pipe backfill areas shall be graded and maintained in such a condition that erosion or saturation will not damage the pipe bed or backfill. 7. Heavy equipment shall not be operated over any pipe until it has been properly backfilled and has a minimum cover as required by the plans. Where any part of the required cover is above the proposed finish grade, the Contractor shall place, maintain, and finally remove such material at no cost to the Owner. Pipe which becomes mis-aligned, shows excessive settlement, or has been otherwise damaged by the Contractor's operations, shall be removed and replaced by the Contractor at no cost to the Owner. 8. The Contractor shall maintain all pipes installed in a condition that they will function continuously from the time the pipe is installed until the project is accepted. 9. Cleanup a. Grade all areas disturbed to a finish ordinarily obtained from a blade grader with no abrupt changes in grade or irregularities that will hold water. Prior to final inspection and acceptance, remove all rubbish and excess material and leave area in a neat, satisfactory condition. b. Cleanup and seeding is part of the pipeline installation. No more than 3,000 LF of sewer line may be laid prior to completion of cleanup of the first section of pipeline laid. To facilitate this the Owner reserves the right to withhold up to 30% of the unit price bid for water line if in the opinion of the Rev. 2/24199 PROJECT #99710 02730 - Page 21 Owner and Engineer completed sections have not been properly cleaned. 3.02 QUALITY CONTROL A. TESTING 1. Line Cleaning a. Prior to inspection of any section(s) of gravity sanitary sewer pipe or force main the Contractor shall completely clean the a lines of all debris, silt, etc. The pipe line shall be ready for use by the Owner and shall be proved to be in first class condition and constructed properly in accordance with the Y drawings and specifications, b. The Contractor shall maintain the project, insofar as his construction work is concerned, in first class condition for such time as is necessary to satisfy the Engineer that all installations are correct and acceptable. 2. Inspection and Testing (Gravity Sewer) a. Alignment and grade between manholes shall be tested by the Engineer by flashing a light between manholes. A full circle of light shall be seen when reviewed from the adjoining - end of the line. All defects disclosed as a result of this test shall be corrected by the Contractor at his expense. b. PVC pipe shall pass a go -no go Mandrel sized to 95% of the pipe diameter with the pipe in place and properly backfilled. All pipe which will not pass the Mandrel shall be relaid or replaced by the Contractor at no additional cost. The allowable deflection (less than 5%) shall be calculated using the pipe stiffness formula in ASTM D 2321. The mandrel test shall not take place until the final backfill has been in place for 30 days (minimum). C. When the sewers are completed they shall be inspected by the Engineer for conformance with the provisions of the plans and specifications, particularly line and grade, and tested to determine the amount of ground water infiltration into the sewer. All visible and audible leaks will be stopped and the remaining infiltration will be measured using a V-notch weir and/or other devices, which shall be furnished Rev. 2124199 PROJECT #99710 02730 - Page 22 by the Contractor. The Contractor shall also furnish all required assistance for measuring the infiltration. d. If infiltration into the whole system. or any segment thereof exceeds 100 gallons per 24 hours per inch of diameter per mile of sewer, necessary corrective measures shall be taken by the Contractor to limit the infiltration to the maximum specified above. The Engineer shall decide the number and length of segments of sewer line on which the testing shall be performed. e. All gravity sanitary sewer lines shall be subjected to a low pressure air test to determine the presence of damaged pipe or faulty installation. The Contractor will furnish all facilities and personnel for conducting the test(s). f. The acceptance air test shall be made after backfilling has been completed and compacted and in the presence of the Engineer. The test shall be performed as described under ASTM C 828, latest edition, Standard Practice for Low Pressure Air Testing of V.C. Pipe lines. i. Compressor capacity shall be sufficient to pressurize the sewer main to 4 PSIG within a time equal to or less than the required test time. The following equation may be used to insure compliance with this requirement: C= 0.17 x D2 x L +Q T Where: C=Required Compressor Capacity (cfm) T=Required Test Time (min) D=Pipe Internal Diameter (feet) L=Length of Test Section (feet) Q=Allowable Air Loss Rate (cfm) The following allowable air loss rates will be used for all pipe tests: PIPE SIZE Q (cfm) PIPE SIZE Q(cfm) 4" 2.0 15" 4.0 6" 2.0 18" 5.0 8" 2.0 21" 5.5 101, 2.5 24" 6.0 12" 3.0 Rev. 2/24/99 PROJECT #99710 02730 - Page 23 0 W W H F- Z W J ii. The sewer section shall be plugged at both ends and air pressure shall be applied until the pressure inside the pipe reaches 4 PSIG. When a stable condition has been reached, the pressure shall be bled back to 3.5 PSIG. At 3.5 PSIG, the time and pressure shall be observed and recorded. If groundwater is present at the sewer, the height of the groundwater above the tope of the pipe shall be added to the above air pressure readings (height of water in feet X 0.433 = air pressure in psig). A minimum of five (5) readings will be required for each test. Ili. If the time for the air pressure to decrease from 3.5 PSIG to 2.5 PSIG is equal to or greater than that shown in the following table, the pipe shall be presumed to be free from defect. When these times are not_ attained, pipe breakage, joint leakage, or leaking plugs are indicated and the cause must be determined and corrected. After repairs have been made, the sewer sections shall be retested. This process shall be repeated until all sewer sections pass the air tests. Pipe Size Minimum Test Time for Pipe 4" 6" 8" 1 10" 12" 15" i 18" ( 21 " -' 24" - Rev. 2/24/99 PROJECT #99710 02730 - Page 24 E by the Contractor. The Contractor. shall also furnish all required assistance for measuring the infiltration. d. if infiltration into the whole system or any segment thereof exceeds 100 gallons per 24 hours per inch of diameter per mile of sewer, necessary corrective measures shall be taken by the Contractor to limit the infiltration to the maximum specified above. The Engineer shall decide the number and length of segments of sewer line on which the testing shall be performed. e. All gravity sanitary sewer lines shall be subjected to a low pressure air test to determine the presence of damaged pipe or faulty installation. The Contractor will furnish all facilities and personnel for conducting the test(s). f. The acceptance air test shall be made after backfilling has been completed and compacted and in the presence of the Engineer. The test shall be performed as described under ASTM C 828, latest edition, Standard Practice for Low Pressure Air Testing of V.C. Pipe lines. i. Compressor capacity shall be sufficient to pressurize the sewer main to 4 PSIG within a time equal to or less than the required test time. The following equation may be used to insure compliance with this requirement: 0.17xD2xL C= +Q T Where: C=Required Compressor Capacity (cfm) T=Required Test Time (min) D=Pipe Internal Diameter (feet) L=Length of Test Section (feet) Q=Allowable Air Loss Rate (cfm) The followini allowable air loss rates will be used for all pipe tests: PIPE SIZE Q (cfm) PIPE SIZE Q(cfm) 4" 2.0 15" 4.0 6" 2.0 18" 5.0 8" 2.0 21" 5.5 10" 2.5 24" 6.0 12" 3.0 Rev. 2/24/99 PROJECT #99710 02730 - Page 23 1 0 W F— U) W I-- I-- 0 Z W J ii. The sewer section shall be plugged at both ends and air pressure shall be applied until the pressure inside the pipe reaches 4 PSIG. When a stable condition has been reached, the pressure shall be bled back to 3.5 PSIG. At 3.5 PSIG, the time and pressure shall be observed and recorded. If groundwater is present at the sewer, the height of the groundwater above the top of the pipe shall be added to the above air pressure readings (height of water in feet X 0.433 = air pressure in psig). A minimum of five (5) readings will be required for each test. iii. If the time for the air pressure to decrease from 3.5 PSIG to 2.5 PSIG is equal to or greater than that shown in the following table, the pipe shall be presumed to be free from defect. When these times are not . attained, pipe breakage, joint leakage, or leaking plugs are indicated and the cause must be determined and corrected. After repairs have been made, the sewer sections shall be retested. This process shall be repeated until all sewer sections pass the air tests. Minimum Test Time for PipePipe Size _ 4" 6' 8" 10" 12" 15" 18" 21" 1 24" 25 0:04 0:10 017 0:22 0:26 0:31 0:36 0:44 0:53 50 0:09 0:20 0:35 0:44 0:53 1:02 1:12 1:29 1:47 75 1 0:13 0:30 0:53 1:06 1:20 1:34 1:48 214 240 100 0:17 1 0:40 1:11 1:29 1:47 2:05 2:24 2.58 3:33 125 0:22 0:50 1:29 1:51 2:13 2:36 3:00n12 4:27 150 0:26 1:00 1:47 2:13 2:40 3:07 3:365:20._ 175 0:31 1:10 2:04 2:35 3:07 3:39 4:126:14 .200 0:35 1:20 2:22 2:58 3:33 4:10 4:487:07 225 1 0:40 1:30 2:40 3:20 4:00 4:41 5:24 1 6:41 1 8:00 250 0:44 1:40 2:58 3:42 4:27 5:13 6:00 7:26 8:54 275 0:49 1:50 3:16 4:05 4:53 5:44 6:36 8:10 9:47 300 0:53 2:00 d.33 4:27 5:20 6:15 7:12 8:55 10:41 325 0:58 2:10 3:51 4:49 5:47 6:47 7:48 9:40 11:34 350 1:02 2:20 4:09 5:11 6:14 7:18 8:25 10:24 12:28 375 1:06 1 2:30 4:27 5:34 6:40 1 7:49 9:01 11:09 13:21 400 1:11 2:40 4:45 5:56 7:07 1 8:21 9:37 111.54 14:14 425 1:15 2:50 5:02 6:18 7:34 8:52 . 10:13 -12:38 15:08 450 1:20 _ 3:00 5:20 6:40 8:00 9:23 10:49 13:23 16:01 475 1:24 3:10 5:38 7:03 8:27 9:54 11:25 14.07 16:55 500 1:29 3:20 5:56 7:25 8:54 10:26 12:01 14:52 17:48 525 1:33 3:30 6:14 7:47 9:21 10:57 12:37 15:37 18:42 550 1:38 3:40 6:31 8:09 9:47 11:28 13:13 16:21 19:35 575 1:42 3:50 6:49 8:32 10:14 12-00 13:49 17:06 20:28 _ 600 1:47 4:00 7:07 8.54 10:41 12:31 14:25 17:51 21.22 Rev. 2124199 PROJECT #99710 02730 - Page 24 iv. For testing a sewer system with one or more installed service lateral pipes, an effective pipe length shall be " added to the total sewer main pipe length. The equation used to calculate Effective Pipe Length is as follows: d2xI Le= D2 Where: Le=Effective Pipe Length (added to Total Test Length) d=Diameter of Service Lateral Pipe 1=Length of Sewer Lateral D=Diameter of Sewer Main Pipe being tested g. Failure of any section of the pipeline to meet the requirements of this test shall cause the Contractor to determine, at his own expense, the source(s) of leakage, and repair or replace all defective materials or workmanship. The repaired section(s) of line shall be re -tested to insure conformance with the requirements of these contract specifications. 3. Inspection and Testing (Force Main) a. When the sanitary sewer force main is completed, the Engineer shall inspect the line for conformance with the provisions of the drawings and specifications, particularly with respect to alignment and depth. b. All newly constructed sanitary sewer force main and valved sections shall be subjected to a hydrostatic pressure -leakage test. Force mains shall be tested in sections not to exceed 4,00 lineal feet per test section. The Contractor shall install sufficient additional valves if not shown on the drawings to allow testing. C. Each completed section of the pipeline shall be plugged at both ends and slowly filled with water. As the main is being filled with water ,in preparation of the test, all air shall be expelled from, the pipe. The main shall be subjected to hydrostatic pressure of 100 pounds per square inch for a period of two hours unless otherwise specified. Pressure shall be applied to the main by means of a hand pump for Rev. 2124199 PROJECT #99710 02730 - Page 25 small lines or by use of a gasoline pump or fire engine for larger lines. d. The rate of leakage shall be determined at 15 minute intervals by means of volumetric measure of the water added during the test until the rate has stabilized at the constant value for three consecutive 15 minute periods. e. Leakage is defined as the quantity of water to be supplied into the newly laid pipe, or any valved section thereof, necessary to maintain the specified leakage test pressure after the pipe has been filled with water and the air expelled. No piping installation will be accepted until the leakage is less than ten (10) gallons per inch of pipe diameter per mile of pipe per 24 hours. f. Cracked or defective pipe, joints, fittings, or valves discovered in consequence of this test shall be removed and replaced with sound materials, and the test shall be repeated until the test results are satisfactory. Precautions shall be taken to remove or otherwise protect equipment in, or attached to, pipe to prevent damage or injury thereto. g. Tests of insulated and concealed piping shall be made before the piping is covered or concealed. No leakage will be allowed under the above tests for piping in buildings, structures or on bridges. h. The Contractor shall notify the Engineer when the work is ready for testing with all testing done in the presence of the Engineer. All labor, equipment, water and materials, including meters and gauges, shall be furnished by the Contractor at his own expense. 4. Insg_ection and Testing (Manholes) Manholes shall be constructed to provide a true circular inside diameter with properly corbeled tops, satisfactory inverts and properly placed steps and castings. Any visible leaks in the manholes shall be completely stopped to the satisfaction of the Engineer. Rev. 2/24/99 PROJECT #99710 02730 - Page 26 B. FINAL ACCEPTANCE 1. The Engineer will notify the Contractor, in writing, as to the satisfactory completion of the work in any or all sections of gravity sanitary sewer pipe, force main and manholes, included in the project. 2. Upon such notification, the Contractor shall immediately remove all construction equipment, excess materials, tools, debris, etc. from the site(s) and leave the same in a neat, orderly condition acceptable to the Engineer. 3. Final landscaping requirements and restoration of surfaces shall then be completed by the Contractor in accordance with their respective specifications and as shown on the drawings. PART 4: MEASUREMENT AND PAYMENT 4.01 MEASUREMENT A. Quantities of pipe installed in accordance with the requirements of this section shall be verified in the field by the Engineer. Payment shall be made for total number of lineal feet of pipe installed at the unit prices bid. Price and payment shall constitute full compensation for furnishing all equipment, tools, labor, and materials to complete the work as specified. B. Quantities of manholes installed in accordance with the requirements of this section shall be verified in the field by the Engineer. Payment shall be made for the actual quantity of Standard Manholes or Standard Drop Manholes installed by the Contractor and approved by the Engineer at the respective unit price bid. C. Quantities of sewer force main pipe, gate valves and air relief valves installed in accordance with the requirements of this section shall be verified in the field by the Engineer. 4.02 PAYMENT A. Payments for watertight manhole frame and covers and manhole vents will be considered to be included in the unit price bids for the respective manholes. B. Payment shall constitute full compensation for furnishing all equipment, tools, labor and incidentals and performance of all work necessary to install the manholes as specified. Rev. 2124199 PROJECT #99710 02730 - Page 27 C. Payment shall be made for the total number of lineal feet of pipe installed, for each gate valve and valve box installed, and for each sewage air relief valve installation at the respective unit prices bid for the item. D. Price and payment shall constitute full compensation for furnishing all equipment, tools, labor, and materials to complete the work as specified. E. Fittings will be paid for at the contract unit price per pound, based upon weights for fittings installed, excluding weights of accessories. No additional payment will be made for accessories. F. There will be no payment for testing specified in Part 3. The cost of providing all equipment, labor, materials, etc. required for the work described in Part 3 of this section shall be considered incidental to that work covered under other parts of this section. END OF SECTION Rev. 2/24/99 PROJECT #99710 02730 - Page 28 SECTION 02731 SANITARY SEWER SERVICE CONNECTION PART 1: GENERAL 1.01 SCOPE OF WORK A. The work covered under this section shall consist of furnishing all materials, labor, equipment, and services for the complete installation of a sanitary sewer service connection from the sanitary sewer (gravity) main line to the edge of the property to be served as shown on the project drawings. PART 2: PRODUCTS 2.01 MATERIALS A. Main line connections shall use a "wye" branch constructed by the same material as the main line. B. Sewer service lines shall be constructed of either PVC (Schedule 40) or Ductile Iron (CL350) as shown on plans. C. When joining pipes of different materials, a flexible, watertight, rubber transition coupling shall be used. PART 3: EXECUTION 3.01 INSTALLATION A. CONNECTION TO MAIN The standard sewer service connection shall be 4" in diameter unless shown otherwise on the drawings, and shall connect to the main at a "wye" branch connection installed with the pipe line as it is being laid. The "wye" branch shall be of the same material as the main pipe line. Direct taps into the sewer main will not be acceptable unless approved by the Engineer prior to the laying of the main line. B. CONNECTION TO MANHOLE When shown on the drawings or directed by the Engineer, a sewer service connection shall be made into a manhole. The connection shall be made at the manhole invert. The invert shall be rebuilt so as to provide Rev. 1/14/98 PROJECT #99710 02731 - Page 1 a smooth transition from service connection to main line. Inverts and benches shall be constructed in such a way as to prevent the deposition of solids in the manhole. C. SERVICE LINES The service line shall be installed from the "wye" branch connection to the edge of the public or utility right-of-way as shown on the plans. Less than 3'-0" of cover will require the use of ductile iron pipe. D. CLEANOUT AND PLUG At the edge of the public or utility right-of-way, a "cleanout" shall be installed. The cleanout shall consist of a "wye" branch connection, 45-E� bend, riser pipe, and threaded plug installed flush with finished ground elevation. The end of the utility owner's sewer service connection shall terminate at the end of the pipe which will normally extend five feet beyond the "Wye" branch for the cleanout. A watertight plug shall be installed at the end of this line until such time as the property owner directs the utility owner to connect his facilities to the sewer system. PART 4: MEASUREMENT AND PAYMENT A. Payment for the furnishing and installation of all service connections ("wye" branches, service line, cleanouts, plugs, couplings, etc.) as described in this section and as shown on the plans, shall be covered under the contract unit price bid for each Sewer Service Connection. END OF SECTION Rev. 1114198 PROJECT #99710 02731 - Page 2 SECTION 02905 RESTORATION OF SURFACES PART 1: GENERAL 1.01 SCOPE OF WORK A. This section covers the furnishing of all labor, equipment and materials necessary for the proper restoration of existing surfaces disturbed or damaged as a result of construction operations which are not specifically scheduled or specified for topsoil and seeding, paving, landscaping or other surfacing. B. In general, the types of replacement included in this section are seeding along pipelines, concrete sidewalks, driveways, roadways, ditches, lawns and landscaped areas, curb and gutter. C. Any damage to existing structures shall be repaired using materials and workmanship equal to those of original construction. PART 2: NOT USED PART 3: EXECUTION 3.01 RESTORATION OF SURFACES A. SEEDING ALONG PIPELINES 1. All ground surfaces along pipelines, which are not classified as lawns, landscaped areas, or pavement areas, but would be classified as open fields, shall be raked smooth and seeded in accordance with the section entitled Seeding, Fertilizing and Mulching. Large rocks, clumps of earth and excessive spoil material shall be removed from the area prior to seeding. 2. Shoulders of all roads shall be restored as specific for lawns and landscaped areas. 3. Wooded areas, not classified as lawns shall be restored to as near their original condition as possible. Rev. 1017198 PROJECT #99710 02905 - Page 1 B. CONCRETE SIDEWALKS 1. Concrete walks removed in connection with, or damaged as a result of, construction operations under the Contract shall be replaced with new construction. Such walks shall be constructed of Class B concrete on a thoroughly compacted subgrade, shall have a vertical thickness of not less than 4" or the thickness of the replaced walk where greater than 4". 2. Walks shall be float finished, edged with an edging tool, and grooved at intermediate intervals not in excess of the width of the walk, uniform throughout the length of the walk in any one direction. C. DRIVEWAYS 1. Unpaved driveways shall be surfaced with not less than 3" of Crusher -run gravel, topped with 3" of stone, gravel, or other materials equal to that found in the original driveway. Driveways shall be left in a condition better than their original condition. 2. Concrete drives shall be replaced with Class B concrete and shall have equal thickness and reinforcing steel to that of the original drive. Prior to placing the concrete a 6" aggregate base course shall be placed in the drive area. - 3. Bituminous or Asphaltic concrete drives shall be restored with a 6" aggregate base course and a 2" surface course, as defined in the section entitled Bituminous Pavement Repairs. D. ROADWAY REPLACEMENT 1. Bituminous or Asphaltic pavements shall include all areas paved with blacktop; built-up pavements or oil and stone, tar and stone and similar pavements constructed with a bituminous or asphalt and stone materials. 2. Immediately upon completion of installation of underground piping and structures, the trench shall be backfilled and the roadway shall be repaired. In the excavated area, the repair shall consist of an 8" aggregate base course, 4" HB Binder Course and a 2" surface course as defined in the section entitled Bituminous Pavement Repairs. If, in the opinion of the Engineer, the area adjacent to the excavation has not been damaged to the extent that the base Rev. 1017/98 PROJECT #99710 02905 - Page 2 course need to be replaced, restoration may consist of a surface course of sufficient thickness to meet the existing pavement. 3. Portland cement concrete roadways shall be replaced with Class B Concrete and shall have equal thickness and reinforcing steel as the original roadway. An aggregate of 6" shall be placed prior to the placing of concrete. 4. Differential settlement of restored pavements shall be corrected immediately. 5. The Contractor shall repair and restripe any traffic markings that were damaged, removed or covered during construction. All work shall be done in accordance with NCDOT requirements and specifications. 6. All existing manhole and valve covers shall be raised as required by the Contractor prior to paving. The cost of this work shall be included in the unit bid prices for other related work and no additional payment shall be made. E. DITCHES Ditches shall be regraded to the original grade and line. The surface of all _ ditches shall be returned to the same condition as found before commencing work. F. LAWNS AND LANDSCAPED AREAS 1. Lawns and landscaped areas shall be regraded and replaced as follows: a. Grading shall be to the grade existing before construction of the work under this Contract. b. Lawn replacement shall be in accordance with the section entitled Landscaping. Topsoiled areas shall be replaced with topsoil of equal quality and quantity. 2. Landscaped areas shall be replaced with shrubs, hedges, ornamental trees, flowers, or other items to original condition. Rev. 1017/98 PROJECT #99710 02905 - Page 3 G. CURB AND GUTTER Curb and gutter removed with, or damaged as a result of construction operations, injured or disturbed by the Contractor, his agents, or employees, shall be replaced with new construction to a condition similar and equal to that existing before damage was incurred. Class B Concrete shall be used in curb and gutter replacement. H. DAMAGE TO STRUCTURES Any damage to existing structures shall be repaired of materials and workmanship equal to those of original construction. Extensively damaged structures, where the structural stability has been affected or which cannot be repaired in a suitable fashion shall be replaced entirely. Replacement shall not commence until approval of the plan of replacement has been given by the Engineer. Replacement costs shall be responsibility of the Contractor. PART 4: MEASUREMENT AND PAYMENT 4.01 MEASUREMENT AND PAYMENT A. Seeding along pipelines (Section 3.01.A) shall be included in other related work and no separate payment shall be made for this work. Other work included in this section shall be measured and paid at the units specified in the bid schedule. END OF SECTION Rev. 1017198 PROJECT #99710 02905 - Page 4 SECTION 02931 SEEDING, FERTILIZING AND MULCHING PART 1: GENERAL 1.01 SCOPE OF WORK A. This section covers the furnishing of all labor, equipment and materials necessary for the landscaping of all areas of the site disturbed by construction operations and all earth surfaces of embankments including rough and fine grading, topsoil if required, fertilizer, lime, seeding and mulching. The Contractor shall adapt his operations to variations in weather or soil conditions as necessary for the successful establishment and growth of the grasses or legumes. PART 2: PRODUCTS 2.01 MATERIALS A. FERTILIZER 1. The quality of fertilizer and all operations in connection with the furnishing of this material shall comply with the requirements of the North Carolina Fertilizer Law and regulations adopted by the North Carolina Board of Agriculture. 2. Fertilizer shall be 10-10-10 grade. Upon written approval of the Engineer a different grade of fertilizer may be used, provided the rate of application is adjusted to provide the same amounts of plant food. 3. During handling and storing, the fertilizer shall be cared for in such a manner that it will be protected against hardening, caking, or loss of plant food values. Any hardened or caked fertilizer shall be pulverized to its original conditions before being used. B. LIME 1. The quality of lime and all operations in connection with the furnishing of this material shall comply with the requirements of the North Carolina Lime Law and regulations adopted by the North Carolina Board of Agriculture. Rev. 1/14/98 PROJECT # 99710 02931 - Page 1 2. During the handling and storing, the lime shall be cared for in such a manner that it will be protected against hardening and caking. Any hardened or caked lime shall be pulverized to its original condition before being used. 3. Lime shall be agriculture grade ground dolomitic limestone. It shall contain not less than 8.5% of the calcium and magnesium carbonates and shall be of such fineness that at least 90% will pass a No. 10 sieve and at least 50% will pass a No. 100 sieve. C. SEED 1. The quality of seed and all operations in connection with the furnishing of this material shall comply with the requirements of the North Carolina Seed Law and regulations adopted by the North Carolina Board of Agriculture. 2. Seed shall have been approved by the North Carolina Department of Agriculture or any agency approved by the Engineer before being sown, and no seed will be accepted with a date of test more than nine (9) months prior to the date of sowing. Such testing however, will not relieve the Contractor from responsibility for furnishing and sowing seed that meets these specifications at the time of sowing. When a low percentage of germination causes the quality of the seed to fall below the minimum pure live seed specified, the Contractor may elect, subject to the approval of the Engineer, to increase the rate of seeding sufficiently to obtain the minimum pure live seed contents specified, provided that such an increase in seeding does not cause the quantity of noxious weed seed per square yard to exceed the quantity that would be allowable at the regular rate of seed. 3. During handling and storing, the seed shall be cared for in such a manner that it will be protected from damage by heat, moisture, rodents, or other causes. 4. Seed shall be entirely free from bulblets or seed of Johnson Grass, Nutgrass, Sandbur, Wild Onion, Wild Garlic, and Bermuda Grass. The specifications for restricted noxious weed seed refers to the number per pound, singly or collectively, of Blessed Thistle, Wild Radish, Canada Thistle, Corncockle, Field Bindweed, Quackgrass, Dodders, Dock, Horsenettle, Bracted Plantain, Buckhorn or Wild Mustard; but in no case shall the number of Blessed Thistle or Wild Radish exceed 27 seeds of each per pound. No tolerance on weed seed will be allowed. Rev. 1114/98 PROJECT # 99710 02931 - Page 2 D. MULCH Straw mulch shall be threshed straw of oats, rye or wheat free from matured seed of obnoxious weeds or other species which would grow and be detrimental to the specified grass. E. TACKIFIER Emulsified asphalt or organic tackifier such as Reclamare R2400 shall be sprayed uniformly on mulch as it is ejected from blower or immediately thereafter. Tackifier shall be applied evenly over area creating uniform appearance. Rates of application will vary with conditions. Asphalt shall not be used in freezing weather. PART 3: EXECUTION 3.01 PREPARATION A. PROTECTION OF EXISTING TREES AND VEGETATION 1. Protect existing trees and other vegetation indicated to remain in place against unnecessary cutting, breaking or skinning of roots, skinning and bruising of bark, smothering of trees by stockpiling construction materials or excavated materials within drip line, excess foot or vehicular traffic, or parking of vehicles within drip line. Provide temporary guards to protect trees and vegetation to be left standing. 2. Provide protection for roots over 1-1/2" diameter cut during construction operations. Coat cut faces with an emulsified asphalt, or other acceptable coating, formulated for use on damaged plant tissues. Temporarily cover exposed roots with wet burlap to prevent roots from drying out and cover with earth as soon as possible. 3. The Contractor shall not remove or damage trees and shrubs which are outside the Clearing Limits established by the Owner or those .within the Clearing Limits designated to remain. 4. Repair trees scheduled to remain and damaged by construction operations in a manner acceptable to the Engineer. Repair damaged trees promptly to prevent progressive deterioration caused by damage. Rev. 1/14/98 PROJECT # 99710 02931 - Page 3 5. Replace trees scheduled to remain and damaged beyond repair by construction operations, as determined by the Engineer with trees of similar size and species. Repair and replacement of trees scheduled to remain and damaged by construction operations or lack of adequate protection during construction operations shall be at the Contractor's expense. B. GRADING 1. Rough grading shall be done as soon as all excavation required in the area has been backfilled. The necessary earthwork shall be accomplished to bring the existing ground to the desired finish elevations as shown on the Contract Drawings or otherwise directed. 2. Fine grading shall consist of shaping the final contours for drainage and removing all large rock, clumps of earth, roots and waste construction materials. It shall also include thorough loosening of the soil to a depth of 6" by plowing, discing, harrowing or other approved methods until the area is acceptable as suitable for subsequent landscaping operations. The work of landscaping shall be performed on a section by section basis immediately upon completion of earthwork. 3. Upon failure or neglect on the part of the Contractor to coordinate his grading with seeding and mulching operations and diligently pursue the control of erosion and siltation, the Engineer may suspend the Contractor's grading operations until such time as the work is coordinated in a manner acceptable to the Engineer. C. SEEDBED PREPARATION 1. The Contractor shall cut and satisfactorily dispose of weeds or other unacceptable growth on the areas to be seeded. Uneven and rough areas outside of the graded section, such as crop rows, farm contours, ditches and ditch spoil banks, fence line and hedgerow soil accumulations, and other minor irregularities which cannot be obliterated by normal seedbed preparation operations, shall be shaped and smoothed as directed by the Engineer to provide for more effective seeding and for ease of subsequent mowing operations. 2. The soil shall then be scarified or otherwise loosened to a depth of not less than 6" except as otherwise provided below or otherwise directed by the Engineer. Clods shall be broken and the top 2" to Rev. 1114/98 PROJECT # 99710 01931 - Page 4 3" of soil shall be worked into an acceptable seedbed by the use of soil pulverizers, drags, or harrows; or by other methods approved by the Engineer. 3. On 2:1 slopes a seedbed preparation will be required that is the same depth as that required on flatter areas, although the degree of smoothness may be reduced from that required on the flatter areas if so permitted by the Engineer. 4. On cut slopes that are steeper than 2:1, both the depth of preparation and the degree of smoothness of the seedbed may be reduced as permitted by the Engineer, but in all cases the slope surface shall be scarified, grooved, trenched, or punctured so as to provide pockets, ridges, or trenches in which the seeding materials can lodge. 5. On cut slopes that are either 2:1 or steeper, the Engineer may permit the preparation of a partial or complete seedbed during the grading of the slope. If at the time of seeding and mulching operations such preparation is still in a condition acceptable to the Engineer, additional seedbed preparation may be reduced or eliminated. 6. The preparation of seedbeds shall not be done when the soil is frozen, extremely wet, or when the Engineer determines that it is in an otherwise unfavorable working condition. D. APPLICATION RATES Seed shall be applied by means of a hydro -seeder or other approved methods. The rates of application of seed, fertilizer and limestone shall be as stated below. 1. Lime and Fertilizer In the absence of a soil test, the following rates of application of limestone and fertilizer shall be: a. 4,000 pounds limestone per acre b. 1000 pounds 10-10-10 (N-P205 K20) fertilizer per acre and the remaining quantity applied when vegetation is three inches in height or 45 days after seeding, whichever comes first. Rev. 1114/98 PROJECT # 99710 02931 - Page 5 2. Mulch Mulch shall be applied at the following rates per acre: a. 3,000-4,000 pounds straw mulch, or b. 1,500-2,000 pounds wood cellulose fiber. C. 35-40 cubic yards of shredded or hammermilled hardwood bark d. 1,200-1,400 pounds of fiberglass roving 3. Seed The kinds of seed and the rates of application shall be as contained in this table. All rates are in pounds per acre. See Notes 1 and 2. a. Fall and Winter (Normally August 1 to June 1) 80 pounds of Ky-31 tall fescue and 15 pounds of rye grain b. Summer (Normally May 1 to September 1) 100 pounds of Ky-31 tall fescue NOTE: 1. On cut and fill slopes having 2:1 or steeper slopes, add 40 pounds of sericea lespedeza per acre to the planned seeding (hulled in spring and summer unhulled in fall and winter) plus 15 pounds of sudangrass in summer seeding or 25 pounds of rye cereal per acre in fall and winter seeding, if seeded September to February. 2. These seeding rates are prescribed for all sites with less than 50% ground cover and for sites with more than 50% ground cover where complete seeding is necessary to establish effective erosion control vegetative cover. On sites having 50% to 80% ground cover where complete seeding is not necessary to establish vegetative cover, reduce the seeding rate at least one-half the normal rate. E. APPLICATION 1. Equipment to be used for the application, covering or compaction of limestone, fertilizer, and seed shall have been approved by the Engineer before being used on the project. Approval may be revoked at any time if equipment is not maintained in satisfactory working condition, or if the equipment operation damages the seed. 2. Limestone, fertilizer, and seed shall be applied within 24 hours after completion of seedbed preparation unless otherwise permitted by Rev. 1/14198 PROJECT # 99710 02931 - Page 6 the Engineer, but no limestone or fertilizer shall be distributed and no seed shall be sown when the Engineer determines that weather and soil conditions are unfavorable for such operations. 3. Limestone may be applied as a part of the seedbed preparation, provided it is immediately worked into the soil. If not so applied, limestone and fertilizer shall be distributed uniformly over the prepared seedbed at the specific rate of application and then harrowed, raked, or otherwise thoroughly worked or mixed into the seedbed. 4. Seed shall be distributed uniformly over the seedbed at the required rate of application, and immediately harrowed, dragged, raked, or otherwise worked so as to cover the seed with a layer of soil. The depth of covering shall be as directed by the Engineer. If two kinds of seed are to be used which require different depths of covering, they shall be sown separately. 5. When a combination seed and fertilizer drill is used, fertilizer may be drilled in with the seed after limestone has been applied and worked into the soil. If two kinds of seed are being used which require different depths of covering, the seed requiring the lighter covering may be sown broadcast or with a special attachment to the drill, or drilled lightly following the initial drilling operation. 6. When a hydraulic seeder is used for application of seed and fertilizer, the seed shall not remain in water containing fertilizer for more than 30 minutes prior to application unless otherwise permitted by the Engineer. 7. Immediately after seed has been properly covered the seedbed shall be compacted in the manner and degree approved by the Engineer. 8. When adverse seeding conditions are encountered due to steepness of slope, height of slope, or soil conditions, the Engineer may direct or permit that modifications be made in the above requirements which pertain to incorporating limestone into the seedbed; covering limestone, seed, and fertilizer; and compaction of the seedbed. Rev. 1/14/98 PROJECT # 99710 02931 - Page 7 9. Such modifications may include but not be limited to the following: a. The incorporation of limestone into the seedbed may be omitted on cut slopes steeper than 2:1; ii. on 2:1 cut slopes when a seedbed has been prepared during the excavation of the cut and is still in an acceptable condition; or iii. on areas of slopes where the surface of the area is too rocky to permit the incorporation of the limestone. b. The rates of application of limestone, fertilizer, and seed on slopes 2:1 or steeper or on rocky surfaces may be reduced or eliminated. C. Compaction after seeding may be reduced or eliminated on slopes 2:1 or steeper, on rocky surfaces, or on other areas where soil conditions would make compaction undesirable. F. MULCHING 1. All seeded areas shall be mulched unless otherwise indicated in the special provisions or directed by the Engineer. 2. It shall be spread uniformly at a rate of two tons per acre in a continuous blanket over the areas specified. 3. Before mulch is applied on cut or fill slopes which are 3:1 or flatter, and ditch slopes, the Contractor shall remove and dispose of all exposed stones in excess of 3" in diameter and all roots or other debris which will prevent proper contact of the mulch with the soil. 4. Mulch shall be applied within 24 hours after the completion of the seeding unless otherwise permitted by the Engineer. Care shall be exercised to prevent displacement of soil or seed or other damage to the seeded area during the mulching operations. 5. Mulch shall be uniformly spread by hand or by approved mechanical spreaders or blowers which will provide an acceptable application. An acceptable application will be that which will allow some sunlight to penetrate and air to circulate but also partially shade the ground, reduce erosion, and conserve soil moisture. Rev. 1114198 PROJECT # 99710 02931 - Page 8 6. Mulch shall be held in place by applying a sufficient amount of asphalt or other approved binding material to assure that the mulch is properly held in place. The rate and method of application of binding material shall meet the approval of the Engineer. Where the binding material is not applied directly with the mulch it shall be applied immediately following the mulch operation. 7. The Contractor shall take sufficient precautions to prevent mulch from entering drainage structures through displacement by wind, water, or other causes and shall promptly remove any blockage to drainage facilities which may occur. G. MAINTENANCE 1. The Contractor shall keep all seeded areas in good condition, reseeding and mowing if and when necessary as directed by the Engineer, until a good lawn is established over the entire area seeded and shall maintain these areas in an approved condition until final acceptance of the Contract. 2. Grassed areas will be accepted when a 95% cover by permanent grasses is obtained and weeds are not dominant. On slopes, the Contractor shall provide against washouts by an approved method. Any washouts which occur shall be regraded and reseeded until a good sod is established. 3. Areas of damage or failure due to any cause shall be corrected by being repaired or by being completely redone as may be directed by the Engineer. Areas of damage or failure resulting either from negligence on the part of the Contractor in performing subsequent construction operations or from not taking adequate precautions to control erosion and siltation as required throughout the various sections of the specifications, shall be repaired by the Contractor as directed by the Engineer at no cost to the Owner. PART 4: PAYMENT A. Unless a separate bid item is provided on the bid schedule for "Seeding, Fertilizing and Mulching," all work covered by this section will be considered incidental to other payment items to which it relates and no separate payment will be made therefor. END OF SECTION Rev. 1/14198 PROJECT # 99710 02931 - Page 9