WQCS00158_Tapaco Road Sewer Ext. Contract Docs

CONTRACT DOCUMENTS
US129 NORTH (TAPOCO ROAD) SEWER EXTENSION
TOWN OF ROBBINSVILLE
GRAHAM COUNTY, NORTH CAROLINA
JOEL L. STORROW, P.E.
McGill N
A S SO C I A T E S
Engineering • Planning • Finance
ST
Post Office Pox 2259 `f
Asheville, North Carolina 28802
11411AY, 1999
REVISED FEBRUARY, 2000
99710/003

TOWN OF ROBBINSVILLE
US 129 NORTH(TAPOCO ROAD) SEWER EXTENSION
TABLE OF CONTENTS
d' Rb700�.-,i.1Y/2, ON40I1 �1�V1r 9001R ���4iFh.,. {.�'::fkt.i'+ £.1
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
N004AC Ik�I� U# ROOM*—
01200 SPECIAL CONDITIONS
01705 MOBILIZATION
� � S EDIISIN .5 TEOs �A�C �` 1.1 R!P(� � �
„ I� s ...
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. Asheville, North Carolina
Associated General Contractors Asheville, North Carolina
Associated General Contractors Charlotte, North Carolina
F. W. Dodge Charlotte, North Carolina
F. W. Dodge 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.
ie-z

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

BID
TO: Town of Robbinsville
P.O. Box 126
Robbinsville, North Carolina 28771
FROM:
of the City of , County of and
State of , hereinafter called "Bidder".
PROJECT: US 129 North (Tapoco Road) Sewer Extension
Gentlemen:
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 l7ESCRIPTt®N t2[tAN UNIT UNIT TOTAL
_:
�,NC�
1 Mobilization LS 1
2 8" PVC Sanitary Sewer Line LF 2965
3 4' Diameter Sanitary Sewer EA 15
Manhole
4 24" Diameter Bore and LF 230
Jack/carrier pipe
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 LF 125
Repair)
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.
Respectfully Submitted:
CONTRACTOR
(SEAL - if bid is by a
Corporation)
Title
Address
NC General Contractor's License No.
Bid 3

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 12000.
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

i
Principal
i
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
I

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

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)
I
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
4
PAB-1

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 Principal
(SEAL) BY:
Address
Witness as to Principal
(Address)
a
PAB-2

I
ATTEST:
(Surety) Secretary Surety
SEAL
BY:
Witness as to Surety Attorney-in-Fact
(Address) (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

7
i
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
(Name of Contractor)
i
(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
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

- I
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 Surety
SEAL
BY:
Witness as to Surety Attorney-in-Fact
(Address) (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.
i
:r
PEB-3

1 r
1
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.
TOWN OF ROBBINSVILLE
OWNER
BY:
TITLE:
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED
is hereby acknowledged by
this the day of 12000,
CONTRACTOR
BY:
TITLE:
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: Federal ID#
Contractor's Address:
CONTRACT: ORIGINAL CONTRACT AMOUNT $
APPROVED CHANGE ORDER AMOUNT $
REVISED CONTRACT AMOUNT $
SUMMARY: TOTAL WORK COMPLETED TO DATE $
TOTAL MATERIALS STORED ON SITE $
TOTAL EARNED THIS APPLICATION $
LESS % RETAINAGE $
SUBTOTAL $
LESS PREVIOUS PAYMENTS $
CURRENT PAYMENT DUE $
SIGNATURES:
CONTRACTOR:
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 Date
APPROVAL:
THIS APPLICATION IS HEREBY APPROVED FOR PAYMENT:
LOWNER: Town of Robbinsville
Name Title 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 n1S 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

i
i
© 1990 National Society of Professional Engineers
1420 King Street, Alexandria,VA 22314 .
American Consulting Engineers Council
1015 15th Street,N.W.,Washington,DC 20005
American Society of Civil Engineers
345 East 47th Street,New York, NY 10017

TABLE OF CONTENTS OF GENERAL CONDITIONS
Article or Paragraph Page' Article or Paragraph Page
Number& Title Number Number& Title - Number
1. DEFINITIONS ..................................• 13 2.5-2.7. Before Starting Construction;
1.1 Addenda ............................. 13 t CONTRACTOR's Responsibility to
1.2 Agreement 13. Report: Preliminary Schedules;
1.3 Application for Payment .............. 13 Delivery of Certificates of
1.4: Asbestos Insurance .......................... 15
15
13 2.8 Preconstruction Conference 1.5 Bid .................................. ........... 16
1.6` Bidding Documents ................... 13 2.9 ' Initially Acceptable Schedules .........
1.7 Bidding Requirements ................ 13 3 CONTRACT DOCUMENTS: INTENT,
13 �.AMENDING,REUSE ••• 16
1.8. .. Bonds ................................ ........................
1.9 Change Order ........................ 13. 3.1-3.2 Intent 16
1.10 Contract Documents .................. 13 3,3 Reference to Standards and
1.11 Contract Price ........................ 13 Specifications of Technical Societies;
1.12 Contract Times ....................... . 13 Reporting and Resolving
1.13 CONTRACTOR ...................... 13
. Discrepancies ...................... 16
1.14 defective ............................. 13 3.4 . Intent of Certain Terms or Adjectives .. 17
1.15 i. Drawings ............................. 13 3.5 Amending Contract Documents ....... 17
Effective Date of the Agreement 13
1.16 ......
. 13 3.6 .. Supplementing Contract Documents ... 1 -
1.17 '; ENGINEER..........................
13 3.7 Reuse of Documents
17
1.18 ENGINEEWs Consultant .............
1.19, Field Order.......................... 13. .4.AVAILABILITY OF LANDS;SUBSURFACE AND
1.20 Genera!Requirements ......... •••• 14 PHYSICALCONDITIONS;REFERENCEPOINTS. 17
1.21 Hazardous Waste ..................... 4.1 Availability of Lands .................. 17
1.22 Laws and Regulations;Laws or Conditions ... 17
- 4 2 : Subsurface and Physical C d' '
Regulations 14 .... 17
- - 4 2.1 Re rts and Drawings ............
1.23 Liens ....:............................ .....
. I?o g .
. 14 2 2, ..;_ 4. . • : . Limited Reliance by CONTRACTOR
1.24 Milestone............................. ... 14 Authorized;Technical Data ......... 18
1.25 _ Notice of Award ...................... . Subsurface or
4.2 3 Notice of Differing Sub rf
.1.26 ::': Notice to Proceed .14-.--. Physical Conditions
1
J.27 OWNER :4.2.4 . ENGINEER's Review ................ 18
1
1.28 Partial Utilization ..................„ 14 � � . . 4.2.5 Possible Contract Documents Change 18
1.29 . _r
.PCBs................................. 14 4.2.6 Possible Price and Times Adjustments . 18
1.30 Petroleum ............................ . 14 4.3 . Physical Conditions-Underground
1.31 ;' Project. ............................... . 14 Facilities 18
1.32 . Radioactive Material .................. 14 4.3.1 Shown or Indicated ................... 18
i
1.33 Resident Project Representative ........ 14
_ 4.3.2 - � Not Shown or Indicated .............. 19
.1.34 Samples............................... 14 4.4 Reference Points .......................
19
1.35 Shop Drawings ....................... 14 4.5 Asbestos,PCBs,Petroleumt Hazardous
1.36 Specifications ......................... 14 Waste or Radioactive Material ...... 19
1.37 Subcontractor ,••••••••, 14
08 Substantial Completion 5. BONDS AND INSURANCE. ..................... 20
1.39 Supplementary Conditions ............ 14 5.1-5.2 Performance,Payment and Other Bonds. 20
1.40 Supplier .............................. 14 5.3 Licensed Sureties and Insurers;
1.41 Underground Facilities ................ 14 Certificates of Insurance 20
1.42 Unit Price Work ............:......... 5.4 CONTRACTOR's Liability Insurance 20
1.43 Work ................................. 15 5.5 OWNER's Liability Insurance ........ 21
1.44 Work Change Directive ............... 15 5.6 Property Insurance •••• 21
1.45 Written Amendment .................. 15 5.7 Boiler and Machinery or Additional
2. PRELIMINARY MATTERS 15 Property Insurance .................
21
2.1 Delivery of Bonds•.................... 15 5.8 Notice of Cancellation Provisions ..... 21
2.2 Copies of Documents ................. 15 5.9 CONTRACTOR's Responsibility for
2.3 Commencement of Contract Times; Deductible Amounts ................. 22
Notice to Proceed .................. 15 5.10 Other Special Insurance ............... 22
2.4 Starting the Work ..................... 15 5.11 Waiver of Rights .....................* 22
1

Page
Page Article or Paragraph Number
Article or Paragraph' Number Number& Title 29
'Number& Title 8.6 Change Orders
5.12-5.13 Receipt and Application of Insurance... 22 8.7 Inspections,Tests and Approvals ...... 29
. Proceeds ................. ....••• 22 8.8 Stop or Suspend Work;Terminate
5.14 Acceptance of Bonds and Insurance; -
CONTRACTOR's Services ......... 29
Option to Replace ...•••••••••••••• 8.9 Limitations on OWNER's
5.15 partial Utilization-Property 23 Responsibilities ..............a dour 30
Insurance .......................... Asbestos,PCBs,Petroleum,Hazardous
8.10 30
23
Waste or Radioactive Material ......
6. CONTRACTOR'S RESPONSIBILITIES .......... 8 11 Evidence of Financial Arrangements .. 3
6.1-6.2 Supervision and Superintendence ..•••• 23 9• ENGINEER'S STATUS DURING
6.3-6.5 Labor,.Materials and Equipment .••.••..•..• •, 30
6.6 Progress Schedule .................... 23 CONSTRUCTION ..•••.. 30
6.7 9.1 OWNER's Representative .... 30
Substitutes and"Or-Equal" Items;
R's Expense; g,2 Visits to Site •••••••••"
CONTRALTO P '................ 30
Substitute Construction g,3 Project Representative 30
Methods or Procedures; 9.4 Clarifications and Interpretations •••••' 30
ENGINEER's Evaluation .......... 23. 9.5 Authorized Variations in Work ........ 30
Suppliers 9.6 Rejecting Defective Work .............
6.8-6.11 Concerning Subcontractors,Rights
24 9.7-9.9 Shop Drawings,Change Orders add
and Others;Waiver of Rights ... 25 •.•••.•••••• 31
Patent Fees and Royalties ............. Payments ...••••••••••• 31
6.12 25 9' Determinations for Unit Prices ........
Permits .................
6.13 25
Lawas
s and Regulations ......... 9.11-9.12 Decisions on Disputes;ENGINEER... 31
6.14 - 25 Initial Interpreter .................
6.15 Taxes. ............................ 26 31
Use of Premises ...................... g,13 Limitations on ENGINEER's
6.16 . ......
- Site Cleanliness . •••••••••••••• 26 Authority and Responsibilities
6.17 ........ 26
6.18 : Safe Structural Loading ............... 26 WORK..................... 32
6.19 Record Documents ................... 26 10. CHANGES IN THE ............
32
Safety and Protection. ................. . 10.1 OWNER Ordered Cha nge
6.20:'. ........ 26 32
Safety Representative ......... 10.2 Claim for Adjustment Contract
6.21 Y 27
- d Communication Programs ••••• 10.3 � Work Not Required y
6.22` H 27. Documents 32
::. Emergencies . ............
. .............
6.23
P 27
6.24 : Sop Drawings and Samples .......... ...........
10 4 Change Orders 32
Notification of Surety ..•
-- 10.5 N ety
6.25 : Submittal Procedures; PRICE .............. 32
CONTRAC TOR's Review Prior to
Shop Drawing or Sample Submittal 27 11. CHANGE OF Contract Price;Claim for Adjustment; 32
616. Shop Drawing&Sample Submittals
GINEER 27 Value of the Work .................. 33
Review by EN ••••••'''` Cost of the Work
11.4 34
6.27 Responsibility for Variation From 27 11 5 Exclusions to Cost of the Work .......
34
Contract Documents ................ 11.6 . CONTRACPOR's Fee .............. 34
6.28 Related Work Performed Prior to 11.7 Cost Records ........ ...••
' �"' 35
Approval ENGIN EER's Review and App 27 11 8 Cash Allowances ..•••�.••••••••''''' 35
of Required Submittals Unit Price Work .......................
.............
- ....... 28 11.9
6.29 Continuing the Work ........... 35
R's General 12. CHANGE OF CONTRACT TIMES ..............
6.30 CONTRALTO 28 35
12.1 Claim for Adjustment ........••••••••' 35
Warranty and Guarantee 28 Time of the Essence
6.31-6.33 Indemnification ....................... 12.2 '•''
............
28 12 3 Delays Beyond CONTRACTOR'S
6.34 Survival of Obligations ................ 35
Control ...... ...............
7. OTHER WORK ...••••••••••••••"""""" 29 12.4 Delays Beyond OWNER's and
29 R's Control 35
7.1-7.3
Related Work at Site .................. CONTRACTO ••""""
7.4 Coordination
8. OWNER'S RESPONSIBILITIES .................
29
g i Communications to Contractor ........ 299 13: ESTSREMO AL OR ACCEPTANCE OF EFEICTIVE 36
8.2 Replacement of ENGINEER .....a.... 2
tl When WORK ....................................... 36
8.3 Furnish Data and Pay promptly 13.1 Notice of Defects ..........••••••''••• 36
29 ...
_ Due . 13,2 Access to the Work ...............
8•4 Lands and Easements;Reports and 29 13.3 Tests and Inspections;Contractor's
Tests •••"" 36
8.5 Insurance ............................. 29
..............
- 2

Article or Paragraph Page Article or Paragraph Page
Number& Title Number Number& Title Number
' 13.4` 'OWNER's Responsibilities; 14.12 Final Application for Payment ......... 40
Independent Testing Laboratory• ..... 36 14.13-14.14 Final Payment and Acceptance ........ 40
13.5 CONTRACTOR's Responsibilities ..... 36 14.15 Waiver of Claims ...................... 40
13.6-13.7 . CoveringWork Prior to Inspection, 15. SUSPENSION OF WORK AND
Testing or Approval ................ 36 TERMINATION .•••••••••• •• 40
13.8-13.9 Uncovering Work at ENGINEER's R May S °'°°°
Request ............................ 36 15.1 OWNER May Suspend Work ......... 40
15.2-15.4 OWNER May Terminate ...........
OWNER May Stop the Work ......... 36 15.5 CONTRACTOR May Stop Work or
13:10::
:.13:11 Correction or Removal of Defective Terminate .......................... 41
Work
�... .. 37 .......................
.
`.:13.12 Correction Period ..:.............. '
16. DISPUTE RESOLUTION 41
13.13- Acceptance of Defective Work ........ 37 """"""""""'�'
13.14 OWNER May Correct Defective 17. MISCELLANEOUS
Work ............... 37 42
17.1 Giving Notice 4
17.2 Computation of Times ................ 42
14. PAYMENTS TO CONTRACTOR AND 17.3 Notice.of Claim....................... 42
COMPLETION 37 17.4 -Cumulative Remedies ................. 42
14.1 ` Schedule of Values ...:................ .37 - 17.5 Professional Fees and Court Costs
14.2 -Application for Progress Payment ..... 38 Included ........................... 42
14.3 CONTRACTOR's Warranty of Title ... 38..
14.4-14.7 . Review of Applications for EXHIBIT GC-A(Optional):
Progress Payments ................... 38 Dispute Resolution Agreement(Optional) .....GC-Al
14.8-14.9 Substantial Completion ............... : : 39 .16.1-16.6 Arbitration ........GC-A1
.............
M.10 Partial Utilization ....................... . 39 16.7 Mediation .....................GC-A2
14.11 Final Inspection ....... 39 :. ...
1 .
. 3

INDEX TO GENERAL CONDITIONS
Article or Paragraph . Article or Paragraph
Number Number
Acceptance of- Bidding pocuments-definition of................ 1.6(6.8.2)
.5.14 Bidding Requirements-definitions of ...... 1.7(1.1,4.2.6.2)
Bonds and Insurance ..........
Bonds-
defective Work .......... 10.4.1 13.13 13.15 Bonds-
............. acceptance of ..............:............S.14
final payment .................................9.12, 14.15 additional bonds ........................... 10.5, 11.4.5.9
insurance ...........................................5.14 .. 11.5.4
.insurance Cost of the Work ...................:::..........
other'�Work,by CONTRACTOR ......................7.3 definition of
Substitutes and "Or-Equal" Items ................. delivery of
............2.5 6.30 6.34. ......................................2.1,5.1
Work by OWNER ............ final application for payment ... 14.12-14.14
Access to the- general ...............1.10,5.1-5.3,5.13,9.13,10.5, 14.7.6
Lands,OWNER and CONTRACTOR performance,Payment and Other .................5.1-5.2
_responsibilities .....................................4.1 Bonds and Insurance-in general
site,related work ............................ .......7.2. Builder's risk"all-risk" policy form ...................5.6.2
Work, ................................... 13.2, 13.14, 14.9 Cancellation Provisions,Insurance ........5.4.11.,5.8.5.15
Acts or Omissions-, Acts and Omissions- Cash Allowances ................................. 11.8
CONTRACTOR ...:........................6.9.1,9.13.3
•,,,,•,•,,,,,;,,,,,,,,,,,,,,,,,,6.20,9.13.3 Certificate of Substantial Completion ......... T.38 6.30.2.3
ENGINEER 14.8, 14.10
OWNER .......................................6.20,8.9 Certificates of Inspection ................9.13.4, 13.5, 14.12
Addenda-definition of(also see Certificates of Insurance ..2.7,5.3,5.4.11,5.4.13,5.6.5,5.8,
definition of Specifications) ...........(1.6, 1.10,6.19) 1.1 ...................5.i4 9.13.4 14.12
Additional Property Insurances .......................:.5.7 Change in Contract Pnce-
Adjustments Cash Allowances ................................... 11.8
Contract Price or Contract claim for price adjustment .....4.1,4.2.6,4.5,5.15,6.8.2,
..Times ......... 1.5,3.59 4.1,4.3.2,4.5.2,4.5.3,9.4,9.5, 9.4,9.5,9.11, 10.2, 10.5, 11.2, 13.9,
10.2-10.4, 11, 12, 14.8, 15.1 13.13, 13.14, 15.1, 15.5
.........6.6 CONTRACTOR's fee .............
progress schedule ........................ ................... 11.6
Agreement Cost of the Work ,
definition of...................:...................... 1.2 general ........................... 11.4-11.7
Allrisk Insurance,policy form ........................5.6.2 Exclusions to ....................................... 11.5
Allowances,Cash ............. 11.8 _ Cost Records ......................••• 11.7
.3.5. 1.19 1.44 9.11 10.4.2 10.4.3. 11
Amending,Contract Documents'................:....... in general ..............
Amendment,Written- Lump Sum Pricing ...................... ....... 11.3.2
...
:. . ... 10.5
i eneral .... 1.10, 1.45,3.5,5.10,5.12,6.6.2,6.8.2,6.19, Notification of Surety ............................
n g . 10.3-10.4
10.1, 10.4, 11.2, 12.1, 13.12.2,:14.7.2 Scope of ......................................
Appeal,OWNER or CONTRACTOR Testing and Inspection, Uncovering the Work . . .. 13.9
intent to ...9.10 9.11 10.4 16.2 16.5 Unit Price Work ..................... •. .. . . 11.9
Application for.Payment- Value of Work ................ 11.3
definition of.......................................... 1.3 Change in Contract Times- ,
ENGINEER's Responsibility .........................9.9 Claim for times adjustment .... 4.1,4.2.6,4.5.5.15,6.8.2,
final payment ..................9.13.4,9.13.5, 14.12-14.15 9.4,9.5,9.11, 10.2, 1.5, 12.1, 13.9,113.1,
in general .......................2.8,2.9,5.6.4,9.10, 15.5
13.14,progress payment.............................. 14.1, 14.7 Contractual time limits .............................. 12.2
review of ...................................... 14.4-14.7 Delays beyond CONTRACTOR's control ............ 12.3
Arbitration(Optional) ............................. 16.1-16.6 Delays beyond OWNER's and CONTRACTOR's con-
trot ........................................ 12.4
Asbestos- """. ,5
.4.5.2,4.5.3 Notification of surety ............................... 10
claims pursuant thereto ......................CONTRACTOR authorized to stop Work ...........4.5.2 Scope of change ..... 10.3_10.4
definition of ............................. 1.4 Change Orders-
•••• •• 13.13
OWNER responsibility for ..........4.5.1 8.10 Acceptance of Defective Work ...........:.........
possible price and times change•......................�4.5.2 Amending Contract Documents .............•••::::•• 3.5
Authorized Variations in Work ........... 3.6,6.25,6.27,9.5 Cash Allowances
Availability of Lands ...............................
.4.1,8.4 Change of Contract Price .......... ......... ..,111
12
Award, Notice of-defined 1.25 Change of Contract Times .............................
........................ .2.5-2.8 Changes in the Work .................................. 10
Before Starting Construction ....................... ••• 11 6
""""""
Bid-definition of ...................................
.... 1.5 CONTRACTOR's fee ............................
� Cost of the Work ........... 11.4-11.7
(1.1, 1.10, 2.3. 3.3,4.22.6.4,6.13. 11.4.3 11.9.1)
- 4

Article or Paragraph Article or Paragraph
Number Number
CostRecords ....................................... 11.7 general ....................................6.2,6.9.2,8.1
definition of.......................................... 1.9 Hazard Communication Programs ...................6.22
emergencies ........................................6.23 Completion-
ENGINEER's responsibility .........9.8;10.4, 11.2, 12.1 Final Application for Payment ...................... 14.12
executionof ........................................ 10.4 Final Inspection ................................... 14.11
Indemnification .....................6.12,6.16,6.31,6.33 Final Payment and Acceptance ............... 14.13-14.14
Insurance, Bonds and ...................5.10,5.13, 10.5 Partial Utilization .................................. 14.10
OWNER may terminate ........................ 15.2-15.4 Substantial Completion ................... 1.38, 14.8-14.9
OWNER's Responsibility .......................8.6, 10.4 Waiver of Claims .................................. 14.15
Computation of Times ............
Physical Conditions- � ............ 17.2.1-17. .
Subsurfaceand. .....................................4.2 Concerning Subcontractors,
Underground Facilities ...........................4.3.2 Suppliers and Others ............................ 6.8-6.11
RecordDocuments .................................6.19 Conferences-
Scope of Change ................................ 10.3-10.4 initially acceptable schedules .........................2.9
Substitutes ...................................6.7.3,6.8.2 'preconstruction ......................................2.8
Unit Price Work ..........................:......... 11.9 Conflict,Error,Ambiguity,Discrepancy-
value of Work,covered by .......................... 11.3 CONTRACTOR to Report .....................2.5,3.3.2
Changes in the Work .................................... 10 Construction,before starting by CONTRACTOR. ....2.5-2.7
Notification of surety ............................... 10.5 Construction Machinery, Equipment,etc. ......... ...6.4
OWNER's and CONTRACTOR's responsibilities .... 10.4 Continuing the Work ............•.................6.29, 10.4
Right to an adjustment ....................:.......... 10.2 Contract Documents-
Scopeof change .....................:......... 10.3-10.4 Amending ...........................................3.5
Claims- ' Bonds ...............................................5.1
against CONTRACTOR .......................:...:..6.16 Cash Allowances ................................... 11.8
ENGINEER ..............................:1.6.32
againstChange of Contract Price ............................. 11
against OWNER .................................:..6.32 Change of Contract Times ...............,•............ 12
Change of Contract Price .......................9.4, 11.2 Changes in the Work ........................... 10.4-10.5
Change of Contract Times ......................9.4, 12.1 check and verify .....................................2.5
CONTRACTOR's 4,7.1,9.4,9.5,9.11, 10.2, 11.2, 11.9, Clarifications and Interpretations .......3.2,3.6,9.4,9.11
12.1, 14.8, 15.1, 15.5, 17.3 definition of ........................................ 1.10
CONTRACTOR's Fee .............................. 11.6 ENGINEER as initial interpreter of .................9.11
CONTRACTOWs liability ............5.4,6.12,6.16,6.31 ENGINEER as OWNER's representative ............9.1
Costof the Work ............................... 11.4, 11.5 general ................................................3
Decisions on Disputes ...................:......9.11,9.12 Insurance ............................................5.3
...
Dispute Resolution ................. ..........:... 16.1 Intent ............................................ 3.1-3.4
Dispute.Resolution Agreement ...... 16.1-16.6 minor variations in the Work .........................3.6
ENGINEER as initial interpretor ....................9.11 OWNER's responsibility to furnish data ..............8.3
Lump Sum Pricing ................................ 11.3.2 OWNER's responsibility to make
Notice of ............................................ 17.3 prompt payment ........................8.3, 14.4, 14.13
OWNER's ........... 9.4,9.5,9.11, 10.2, 11.2, 11.9, 12.1, precedence ....................................3.1,3.3.3
13.9, 13.13, 13.14, 17.3 Record Documents ..................................6.19
OWNER's liability ...................................5.5 Reference to Standards and Specifications
OWNER may refuse to make payment .............. 14.7 of Technical Societies ..............................3.3
Professional Fees and Court Costs Included .......... 17.5 Related Work ........................................7.2
request for formal decision on .......................9.11 Reporting and Resolving Discrepancies ...........2.5,3.3
Substituteitems ..................................6.7.1.2 Reuse of.............................................3.7
TimeExtension .........................:............ 12.1 Supplementing ....................................... 3.6
Time requirements ............................9.11, 12.1 Termination of ENGINEER's Employment ........... 8.2
Unit Price Work ................................... 11.9.3 Unit Price Work .................................... 11.9
Valueof ............................................ 11.3 variations .................................3.6,6.23,6.27
Waiver of-on Final Payment ................ 14.14, 14.15 Visits to Site, ENGINEER's .........................9.2
Work Change Directive .............................. 10.2 Contract Price-
- written notice required ...................9.11, 11.2, 12.1 adjustment of ................ 3.5,4.1.9.4, 10.3, 11.2-11.3
Clarifications and Interpretations ............3.6.3,9.4,9.11 Change of ............................................ 11
CleanSite ......................:..........:...........6.17 Decision on Disputes ............................•...9.11
Codes of Technical Society, Organization or definition of ........................................ 1.11
Association ..............................:........3.3.3 Contract Times-
Commencement of Contract Times .....................2.3 adjustment of ......................3.5,4.1,9.4, 10.3, 12
Communications- Change of....................................... 12.1-12.4
5

-Article or Paragraph Article or Paragraph
Number Number
For Acts and Omissions of Others ..... 6.9.1-6.9.2,9.13
Commencementof .................................:.2.3 5.9
definition of ......................................... ,.
1.12 - � for deductible amounts,insurance ..................
general ................................. 6, 7.2,7.3, 8.9
CONTRACTOR- 5.14 Hazardous Communication Programs .............6.22
Acceptance of Insurance ............................ .... 6.31-6.33
.....4.2.2 Indemnification ..........................
Limited Reliance on Technical Data Authorized .
....6.2 6.9.2 Labor,Materials and Equipment ................ 6.3-6.5
Communications ........................ Laws and Regulations ... 6.14
Continue Work ......................6.29, 10.4 g .............................5.4
......
. . ..-. .: .... ..............6.9.2 Liability Insurance ...........
coordination and scheduling........... .....6.27
definition of ................. 1.13 Notice of variation from Contract Documents
• �- • .. 15.5 Patent Fees and Royalties ......................... 6.12
May Stop''Work or Terminate .....................
.7.2, 13.2 Permits ........................................... 6.13
provide site access to others ................... 6.6
.......4.3.1.2,6.16,6.18,6.21-6.23, Progress Schedule ..............................
Safety and Protection .. ..........................6.19
_. 7.2, 13.2 .Record Documents ..
relatedoW 1 k performed prior to ENGINEER's
Shop Drawing and Sample Review Prior to Submittal.6.25 pe ....,,, ,,,,•,,,.6.28
Stop Work requirements ...........................4.5.2 pp of required submittals• •.. 6.18
CONTRACPOR's- safe structural loading ......., ... .6 20,7 2, 13.2
Compensation ........................................ 11.1-11.2 Safety and Protection ....
14.15 - Safety Representative .............................6.21
Continuing Obligation ........................ 6.9.2
....9.6 13.10-13.14 Scheduling the Work
Defective;Work ...................... .....6.24
Duty to correct defective Work ..................... I3.11 Shop Drawings and Samples ..v.............
Shop Drawings and Samples Review
Duty to Report- :...............................
Changes in the Work caused by b ENGINEER....•.............. ... ..
y R 62
Emergency ..................................::..:6.23 .............................6.25
Site Cleanliness 6.17
` Defects in Work of Others ....................... .
7.3 Submittal Procedures
.4.2.3 Substitute Construction Methods and
:r
Differing conditions ............................. ................................6.7.2
....
:_.:,.Discrepancy in Documents ...........2.5,3.3....4.3.2 r- Items ................ . .
Procedures 6 7 1
Underground Facilities not indicated ..............4.3.2 Substitutes and"O Equal"
....6.23 Superintendence ...................
Emergencies 6.2
.
uperintende e
Equipment and Machinery Rental,Cost Supervision..................................
6 1
... 11.4.5.3 o tons .
-of the Work ................................... Survival f Obligations
................... 11.4.5.6, 11.5.1, 11.6 Taxes ...
6
Fee=Cost-Plus ..
.6.30 :�Tests and Inspections ............................. 13.5
GeneralWarranty and Guarantee ...........••••••"•6.22 To Report .....................................:.. 2.5
Hazard Communication Programs ..................
6 16-b 18,6.30.2.4
Indemnification ......................6.12,6.16,6.31-6.33 .. .
Use of Premises
:.. : Review Prior to Shop Drawing or Sample Submittal 6 25
Inspection of the Work .........................7.3, 13.4, g J g ,,,,,,,.. 10.2
Labor;Materials and Equipment ..................6.3r6.5 Right to adjustment for changes in the Work
Laws.and Regulations,Compliance by .............6.14.1 right to claim ..4,7.1,9.4,9.5,9.11, 10.2, 11.2, 11.9, 12.1,
...5.4 ' � 13.9, 14.8 15.1, 15.5, 17.3
Liability Insurance ...............................• Safety and Protection .....6.20-6.22 7.2 13.2
Notice of Intent to Appeal .....................9.10, 10.4 ••••• •........'. '
obligation to perform and complete the Work
........6.30 � Safety Representative ................. ....6.21
6.12 Shop Drawings and Samples Submittals ........ 6.246.28
Patent Fees and Royalties, paid for by ............... • 11.4.4
Performance and Other Bonds ........................5.1 Special Consultants ..................................6.7
Permits,obtained and paid for by ....................6.13 Substitute Construction Methods and Procedures
6.6,6.29, 10.4, 15.2.1 Substitutes and "Or-Equal" Items, Expense .. 6.7.1,6.7.2
Progress Schedule .....2.6,2.8.2•9,
.............9.11 Subcontractors, Suppliers,and Others ............6.8-6.11
Request for formal decision on disputes
Supervision and Superintendence ........... 6.1,6.2,6.21
Responsibilities- .Taxes,Payment by ..................................61
...................
Changes in the Work .•••..•... 10.1 6.16-6.18
Use of Premises ........................••••••''• 6.30,6.5
Concerning Subcontractors,Suppliers and Others.6.8- Warranties and guarantees ......................
6.11 Warranty of Title .................. 14.3
Continuing the Work 10.4
""""•.....••... 6.7.1 Written Notice Required- • 15.5
CONTRACTOR's expense ......................
CONTRACTOR stop Work or terminate ..........
CONTRACTOR's General. Warranty and Guara 0 Reports of Differing Subsurface and Physical Condi-
t ...............6.30 P
tee ................................ lions •................................4.2.3
. . .............
CONTRACTOR's review prior to Shop Drawing or am- .. 14.8
,,,,,:; ........6.25 Substantial Completion .........................
ple submittal ................ CONTRACTORS-other
Coordination of Work .. .............•••••••••••••6.9.2 5.4.10
. Emergencies .....................................6.23 Contractual Liability Insurance ......................
Contractual Time Limits .............................. 12.2
ENGINEER's evaluation,Substitutes
or"Or-Equal" Items ..........................6.7:3 Coordination
6

i
Article or Paragraph Article or Paragraph
Number Number
CONTRACTOR's responsibility 6.9.2 Determinations for Unit Prices ........................9.10
Copies of Documents ..................................2.2 Differing Subsurface or
Correction Period .................................... 13.12 Physical Conditions
Correction, Removal or Acceptance of Notice of ..........................................4.2.3
Defective Work ENGINEER's Review ............:................4.2.4
in general ............................. 10.4.1, 13.10-13.14 Possible Contract Documents Change ...............4.2.5
Acceptance of Defective Work ..................... 13.13 Possible Price and Times Adjustments ...............4.2.
Correction or Removal of Defective Work .....6.30, 13.11 Discrepancies-Reporting and Resolving ....2.5, 3.3.2,6.14.2
Correction Period .................................. 13.12 Dispute Resolution-
-OWNER May Correct Defective Work ............. 13.14 Agreement ..................................... 16.1-16.6
OWNER May Stop Work .......................... 13.10 Arbitration ..................................... 16.1-16.5
..... l6
Cost-. general ..........................................
ofTests and Inspections ............................. 13.4 Mediation .......................................... 16.6
Records ............................................ 11.7 Dispute Resolution Agreement .................... 16.1-16.6
Cost of the Work- Disputes,Decisions by ENGINEER ..............9.11-9.12
Bonds and insurance,additional ................. 11.4.5.9 Documents-
Cash Discounts .. 11.4.2 Copies of ............................................2.2
CONTRACTOR's Fee...................................
.............................. 11.6 Record ............................................6.19
EmployeeExpenses 11.4.5.1 Reuse of............................................ 3.7
Exclusions to ................... 11.5 Drawings-definition of ............................... 1.15
General .......................................... 11.411.5 Easements .......................................... 4.1
16
Home office and overhead expenses .............. 11.5 Effective date of Agreement-definition of ............. 1.
Lossesand damages ............................. 11.4.5.6 Emergencies ............................................6.23
Materials and equipment .......................... 11.4.2 ENGINEER-
Minor expenses .................................. I IA.5.8 as initial interpreter on disputes .................9.11-9.12
Payroll costs on changes I I A.1 definition of ........................................ 1.17
performed by Subcontractors ....................... 11.4.3 Limitations on authority and
Records-............................................ 11.7 . responsibilities ..................................9.13
Rentals of construction equipment and machinery. 11.4.5.3 Replacement of ...............................I......8.2
Royalty payments,permits and license fees .... I I A.5.5 Resident Project Representative ..:...................9.3
Site office and temporary facilities
............... 11.4.5.2 ENGINEER's Consultant-definition of ............... 1.18
Special Consultants,CONTRACTOR's ............ 11.4.4 ENGINEER's-
Supplemental ....................... 11.4.5 authority and responsibility, limitations on ...:.......9.13
Taxes related to the Work .....................`.. 11.4.5.4 Authorized Variations in the Work ..:........:........9.5
Testsand.lnspection ............... 13.4 Change Orders,responsibility for ..........9.7, 10, 11, .
Trade Discounts ...................11.4.2 Clarifications and Interpretations ...............3.6.3, .
'Utilities;fuel and sanitary facilities ............... 11.4.5.7 Decisions on Disputes ..........................9.11-9.12
Work after regular hours .......................... 11.4.1 defective Work, notice of ........................... 13.1
Covering Work `........:.... 13.6-13.7 Evaluation of Substitute Items .................. 6.7.3
Cumulative Remedies...............................
............................ 17.4-17.5 Liability ............................:.... . ...6.32,9.12
..............7.2 Notice Work is Acceptable ' ............ 14.13
Cutting,fitting and patching .............. ••••••....•."
Data,to be furnished by OWNER ......................8.3 Observations ................................. 6.30.2,9.2
Day-definition of................................... 17.2.2 OWNER's Representative ....................
..
9.1
Decisions on Disputes ...........................9.11,9.12 Payments to the CONTRACTOR,
defective-definition of................................. 1.14 Responsibility for ..............................9.9, 14
defective Work- Recommendation of Payment .................. 14.4, 14.13
Acceptance of .............................. 10.4.1, 13.13 Responsibilities-
Correction or Removal of 10.4.1; 13.11 Limitations on ...............................9.11-9.13
Correction Period .................................. 13.12 Review of Reports on Differing Subsurface
in general 13 14.7 14.11 and Physical Conditions ..........................4.2.4
Observation by ENGINEER .........................9.2 Shop Drawings and Samples, review
OWNER May Stop Work .......................... 13.10 responsibility .....................................6.26
- Prompt Notice of Defects ........................... 13.1 Status During Construction-
Rejecting ............................................9.6 authorized variations in the Work ..................9.5
Uncovering the Work ............................... 13.8 Clarifications and Interpretations ..............:....9.4
Definitions • ...•••• 1 Decisions on Disputes ........................9.11-9.12
Delays .................................4.1,6.29, 12.3-12.4 Determinations on Unit Price .....................9.10
Delivery of Bonds ................................ . ...2.1 ENGINEER as Initial Interpreter.............9.11-9.12
Delivery of certificates of-insurance .....................23 ENGINEER's Responsibilities ................9.1-9.12
7

Article or Paragraph
'Article or Paragraph Number
Number
Limitations on ENGINEER's Authority and deductible amounts,CONTRACTOR's
responsibility ...............•.• •••••••••••••5.9
po ...
Responsibilities ...................................9.13 payment .............. 14.12
,,,,,,;,,,.,..:.9.1 Final Application for Pay •••••••' ..............5.3
OWN ER's Representative ......... Licensed Insurers ......................
Project Representative ........9.3
.....................
Rejecting Defective Work .. .•••••••9.6 Notice requirements,material5,8 10.50
changes ..................................
Shop Drawings, Change Orders and Option to Replace .:...........5.14
:wpayments .. 5.10
••...'........." other special insurances
Visits to Site ..............5.12-5.13
Unit Price Determinations .............9.10 OWNER as fiduciary for insureds .5.5
Visits to Site .......... "'
.9.2 OWN ER's Liability ..................................8.5
...................... ...........................
.,,,....7.2,9.1 OWNER's Responsibility. •,5.15
Written consent required ................. Insurance .............
6.3-6.5 Partial Utilization, Property 5,6-5,10
Equipment, Labor, Materials and Property •••••"""""""
Equipment rental, Cost of the Work .............:.. 11.4.5.3 Pe Y ..............
Equivalent Materials and Equipment ....................6.7 Receipt and Application of Insurance Proceeds ••5.12-5.10
.............6.33 Special Insurance ...................................
Errors or omissions ...................... ....5.11
.8.11 Waiver of Rights ...........................••••' .3,1-3.4
Evidence of Financial Arrangements ..................•4.11 Intent of Contract Documents ......................
Explorations of physical conditions ...••••••••••• . Interpretations and Clarifications ..3.6.3,9.4
Fee,CONTRACTOR's-Costs-Plus ................... 11.6 ,......4.2
Investigations of physical conditions .............
Field Order Labor,.Materials and Equipment ....................6.3�i.5
definition of 1.19
...... ................................ Lands-
issued 3.6.1 9.5
issued by ENGINEER ....................... ........................................8.
••....,•,•,,,,,,,,,,,,,, 14.12 and Easements
Final Application for Payment Availability of 4.1,8.4
. ....................................
......... 14.11 Reports&Tests ...........8.4
FinalInspection ••••••••""" ••••••••"""""""��•� -...............
Final Payment Laws and Regulations-Laws or Regulations-
. ...: 14.13-14.14 Bonds 5.1-5.2 -
and Acceptance.................. ......................•.............:......
. 10.4
Prior to,for cash allowances ........................ 11.8 Changes in the Work 17.3-17.4 ;,,,;,,•..................3.1
General Provisions .............................. Contract Documents ....... 6.14
General Requirements- CONTRACTOR'S Responsibilities ...................13.12
defintion of .....................................6.. 1.20 Correction Period,defective Work ..................
2.6 6.4 6.6-6.7,6.24 Cost of the Work,taxes .....:................... 11.4.5.4
principal references to .............. 1 22
:.............. 17.1 definition of ..............:.:.......................
Giving Notice .................••••••••• 6.14
general 6.31-6.33
Guarantee of Work-b .........................................
CONTRACTOR ..............6.309' 14.12 Indemnification ................................
6.22 Insurance ......................................3.1 •3 3.3
Hazard.Communication Programs ...................... precedence .....................................: J
Hazardous-Waste- ....3.3.1
definition of ...................... 1.21 Reference to .....................•••••••""".6,20 13.2
. ..........4.5 Safety and Protection .......................... .6.8 6.11
general ................................... Subcontractors,Suppliers and Others .........•-
OWNER's responsibility for ........................
8.10 . 13.5
.....6.12,6.16,6.31-6.33 Tests and Inspections ...........•••••i• • ••
Indemnification .............. ..............6.l6
..•....2.9 Use of Premises ......................
Initially Acceptable Schedules ................... 9.2
CONTRACTOR'S Inspection-
Visits to Site ..........................
Certificates of .........................9.13.4, 13.5, 14.12 Liability Insurance- ,,,,,5.4
Final ..........................................
.... 14.11 CONTRACTOR's ............................... ..5.5
y .....................9.6 OWN ER's .........................................
Special, required b ENGINEER ,,,,•,,....5.3
. ,,,,,......8.7, 13.3-13.4 Licensed Sureties an
Insurers ..............
Tests and Approval ............. Liens-
Insurance- 14.2
....S.14 Application for Progress Payment ...................
Acceptance of,by OWNER ........... ..............•..._. 14.3
. Contractor's Warranty of Title 14.12
,
Additional, required by changes Final Application for Payment ......................
in the Work ................................. 11.4.5.9 1.23
definition of ..................... „ 14.15
Before starting the Work .............................2.7 WMver of Claims '•"""""'
Bonds and-in general .................................5
,,.,,S,g Limitations on ENGINEER'S authority and q,13
Cancellation Provisions .......................... ......
Certificates of ..2.7,5,5.3,5.4.11,5.4.13,5.6.5,5.8,5.14, responsibilities ...............................
9.13.4, 14.12 Limited Reliance by CONTRACTOR Authorized ...:..4.2.2
••.••••,,,,,,,,,,,,,,,,,,,5.4.13 Maintenance and Operating Manuals- •.... 14.12
completed operations .... Final Application for Payment .................
CONTRACTOR's Liability ...........................5.4 PP
CONTRACTOR's objection to coverage ..............5.14 Manuals(of others}-
Precedence.......:. ......3.3.3.1 •
Contractual Liability ..............................5.4.10
........................
- 8

Article or Paragraph Article or Paragraph
Number
Number
...........8.7, 13.4
Reference to in Contract Documents ...............
.3.3.1 Inspections,tests and approvals ......
Liability Insurance ............... 13.1
............ .
Materials and equipment- � ,
furnished by CONTRACTOR
,,,,;,,,,,,,,,,6.3 Notice of Defects ............................6....,
not incorporated in Work ..................6......... 14.2 Representative-During Construction,
Materials or equipment--equivalent .....................6.7
ENGINEER's Status ............................9.
Mediation(Optional) ...... 16.7 Responsibilities-
• ••..••.•••.•• .••,,,••,•,,...... 1.24 Asbestos, PCBs, Petroleum, Hazardous
.10
Milestones�Iefinition of ............... 8
.. � Waste on Radioactive Material ..................
Miscellaneous- ...................8.6
... 17.2 Change Orders .................
Computation of Times ........................... 10.1
............... 17.4 Changes in the Work ...............
Cumulative Remedies ................Giving Notice......................6................ 17.1 communications ...................................8.1
, 17.3 � CONTRACTOR'S responsibilities ..................8.
Notice of Claim ...6....................... 8.11
Professional Fees and Court Costs Included .......... 17.5 evidence of financial arrangements ................
•....•.•••..••••,,,,,,,,,,,,,,•,,,,,7 • inspections,tests and approvals ....................8.7
Multi-prime contracts ,,,,•.•..... 8.5
NotShown orindicated ..................4.3.2 Insurance ............................
landsand easements ...............6...............8.4
Notice of- 14.13 prompt payment by ...............................8.3
Acceptability of Project .............6.............. ..8.2
...... 1.25 replacement of ENGINEER .....................
Award,definition of........................... reports and tests •8.4
Claim ! .....................................6.6.... 17.3 ...........;..................6
,•................ 13.1 stop or suspend Work ....... .8.8,.13.10, 15.1
Defects: .......................... ..........8.8 15.2
Differing Subsurface or Physical Conditions ..........4.2.3 terminate CONTRACTOR'S services
.6... 17.1 separate representative at site ........................9.3
Giving ......................................... ... 13.4
...:...... 13.3 independent testing ......
Tests and Inspections ..................... .....................
Variation,Shop Drawing and Sample .:..............6.27 use or occupancy of the 5.15, 14.10
Notice to Proceed-
Work ....................................
Proceed-
definition of ................ 1.26 written consent or approval
givingof . ....................................2.3 required ...............................9.1,6.3, 11A
Notification to Surety ...... 10.5 written notice
Observations,by ENGINEER .........6...........6.30,9.2 required ..........7.1,9.4,9.11, 11.2, 11.9, 14.7, 15.
Occupancy of the Work ...........6....5.15,6.30.2A, 14.10 PCBs- ... 1.29
Omissions or acts by CONTRACTOR .............6.9,9.13 definition of .........................6...........
6..........6.....6.5.6.2 general ..6................6......... 4.5
"Open peril" policy form, Insurance •"""""""'
Optionrto Replace .......................6.6.6 6........5.14 OWNER's responsibility for
"Or Equal" Items ................................:.....6.7 Partial Utilization- .,, 1.28
Otherwork ..........6.........7 definition of ............................:........
Overtime Work-prohibition of ......:.6.3 general ...................................6.30.2A 14.10
5.15
OWNER- Property Insurance ........6........................
Patent Fees and Royalties ........................... 6.12
Acceptance of defective Work ...................... 13.13 ••••••.••.•..••..••.• .•.•••.•..,•5.1-5.2
appoint an ENGINEER ..........8.2 Payment Bonds ...
as fiduciary
•�•���•�•����•�••��� .5.12-5.13 " Payments,Recommendation of ............. 14.4-14.7, 14.13
Availability of Lands,responsibility ...................4.1 Payments to CONTRACTOR and Completion-
.................. 14.2
definition of ........................................ 1.27 Application for Progress Payments 143
8.3 CONTRACT�OR's Warranty of Title .................
data,furnish. ................-...................... . 14.12
,,••••........ 13.14 Final Application for Payment .....................
May Correct Defective Work ......... 14.11
,,,...... 14.7 Final ...........6.......................
May refuse to make payment ............... ,,,,,• 14.13-14.14
May Stop the Work ................................ 13.10 Final Payment and'Acceptance ......... .•••.••••8 3 14
maysuspend work, � general ............................................
....."............................
....8.8 13.10 15.1-15.4 Partial Utilization .................................. 14.10
terminate .................. .. 14.2
......... 8.3 14.4 14.13. Retainage .......................................
Payment, make prompt .......... + +
performance of other Work ...........................7.1 Review of Applications for Progress• .••.•••••.. 14.4-14.7
permits and licenses, requirements 6.13 Payments .....................
...............5.6-5.10 prompt payment .................... .............6 8.3
purchased insurance requirements •.............. 14.1
Scheduleof Values .......................6..........
OWNER's- Substantial Completion ... ........... 14.8-14.9
6.30.2.5 """""'
Acceptance of the Work ........................• Waiver of Claims ................................:. 14.15
Change Orders,obligation to when payments due ... 14.4 14.13
execute ....................................8.6, 10.4 P Y 6..... 143
Communications 8.1 withholding payment ..........................
Coordination of the Work ............................7.4 Performance Bonds .................................
Disputes, request for decision .........:.............9.11 Permits ...............................................6.13
9

'Article or Paragraph Article or Paragraph
Number Number
Regulations, Laws and(or) ............................ 6.14
Petroleum- Rejecting Defective Work ....................•••••.••••.9.6
definitionof ........................................ 1.30
general .........4.5 Related Work-
OWNER's responsibility for ........................8.10 at Site ......•...........................
Physical Conditions- Performed prior to Shop Drawings 6 28
•.••,4.2.1.2 and Samples submittals review ........:.........
Drawings of, in or relating to .............. . 17.4 17,5
ENGINEER's review ..............................4.2.4 Remedies,cumulative ........................... ,
existing structures ........ .......4.2.2 Removal or Correction of
general .................................................
Defective Work .......... 13.11
•Subsurface and. ............................. 4.2 rental agreements,OWNER approval.•..••...••.•.. 11.4.5.3
4.3 required .......................
Underground Facilities .........................juju.. 8.2
Possible Contract Documents Change ................4.2.5 replacement of ENGINEER,by OWNER
Possible Price and Times Adjustments ..............4.2.6 Reporting and Resolving Discrepancies ....2.5,3.3.2,6.14.2
Reports and Drawings •••............................
4.2.1 Reports-
Notice of Differing Subsurface or, .•••
....4.2.3 and Drawings ......................................4.2.1
Subsurfaceand ...................................
4.2 and Tests,OWNER's responsibility ..................8.
Subsurface Conditions .......................:....4.2.1.1 Resident Project Representative-
Subsurface ...........................I......... 1.33
Technical.Data,Limited Reliance by "'
CONTRACTOR Authorized .........4.2.2 provision for .............................•••••••=•••• 6.3
............. juju 6.2
Underground Facilities- Resident Superintendent,CONTRACTOR's ...:.....
general ...........4.3 Responsibilities- ••.•.6
...............................
Not Shown or Indicated
4.3.2 CONTRACTOR's-in general .....................
..................4.3,6.20 � ENGINEER'S-in general ...............................9
Protection of ............. .,....9.13
Shown or Indicated ............................4.3.1 Limitations on general
..................................8
Technical Data ......................................
4.2.2 OWNER's-in general juju..
.....2.8 Retainage ................................................• 3
Preconstruction Conference Reuse of Documents .......... ...... •••••• 3.7
Preliminary Matters ......................................2 .....awin .
2.6 Review by CONTRACTOR: Shop Drawings
Preliminary Schedules ••'•••""' " •6•u
Premises, Use of ........................................�•. .. . .....6.16-6.18 and Samples Prior to Submittal ................. ...
Price,Change of Contract .................:. 11 Review of Applications for Progress •14.4-14.7
Price,Contract-definition of...............juju.. .. lull Payments ...........................
just.••................................... 10.2
Progress Payment,Applications for ................... 14.2 Right to an adjustment 4.1
........ 14.2 Rights of Way ..........................................
Progresspayment retainage .................. ,,,,,,,,,,;...6.12
Progress:schedule,CONTRACTOR's .....2.6,2.8,2.9,6.6, Royalties,Patent Fees and ...............
6.29, 10.4, 15.2.1 Safe Structural Loading ..........6.1 8
Project-definition of.........................:..........1.31 Safety-
and Protection .......4.3.2,6.16,6.18,6.20-6.21,1.2, 13.2
Project Representative- general .............6'20-6•23
ENGINEER'S Status During Construction ............9.3
Representative,CONTRACTOR's juju:. ...6.21
..........
Project Representative,Resident= 133 Samples-
definition of ...................................... . 1.34
prompt payment by OWNER juju...8.3 definition of ..........................!..........
............... 6.2".28
.....
general ........................................
Property Insurance Review by CONTRACTOR •••.••••••••••••••••••••'6'25
Additional """" -5'7 •...6.26 6.27
................................. .5.6-5.10 Review by ENGINEER ...................
general ......................................... related Work ........................6.28
.....5.15 14.10.2 ••••••••""""
Partial Utilization ...................... � submittal of � ...6.24.2
receipt and application of
submittal procedures •••"""6'�
proceeds .....................:.......5.12-5.13 .................juju
•••• .2.6,2.8-2.9,6.6,6.29. 10.4, 15.2.1
Protection,Safety and .......................6.20-6.21, 13.2 Schedule of progress .
•, •,,,,,,,,,,,,,,•••..... 14.11 Schedule of Shop Drawing and Sample
Punch list .................. Submittals .....2.6 2.8-2.9,6.24-6.28
Radioactive Material- 2.6 2.8-2.9. 14.1
definition ..................................
,,,juju.. 1.32 Schedule of Values ......................... ,
general ..........................4.5 Schedules- 15.2.1
OWNER's responsibility for ........................8.10 Adherence to ................................... 6.6
6.6
Recommendation of Payment .............. 14.4, 14.5, 14.13 Adjusting .. '. 10.4
..6.19 14.12 Change of Contract Times .....:...................
Record Documents ........................... 2.8-2.9
Records,procedures for maintaining ................
,,..2.8 Initial) Acceptable •'•••••.... .
Reference Points .......................................4.4 Preliminary ...... 10.3-10.4
Scopeof Changes ........................
Reference to Standards and Specifications 33 Subsurface Conditions ..............................4.2.1.1
of Technical Societies ................................
10

Arlicle or Paragraph Arlic•le or Paragraph
Number Number
Shop Drawings- '
Substitute Items ..................................6.7.1.2
and Samples,general ...........................6.24-6.28 Subsurface and Physical Conditions- ,......,....4.2.1.2
Change Orders&Applications for Drawings of,in or relating to ..........
..........................9.7-9.9 ENGINEER's EER's Review .............................4.2.4
Payments,and ..... general ...
....... 1.35
. ...................
definition of .................................
ENGINEER's approval of .........................3.6.2 Limited Reliance by CONTRACTOR
ENGINEER'S responsibility , Authorized ....................................4.2.2
for review ...............................9.7,6.24-6.28 Notice of Differing Subsurface or .;• ••,4,2.3
rela(ed.Work ........................................6.28 Physical Conditions .............................
........2.8 6.24-6.28 Physical Conditions ................ .4.2.1.2
review procedures ...........E.... ,,,,,,,•4.2.5
submittal required .................................6.24.1 Possible Contract Documents Change .........
6.25 Possible Price and Times Adjustments ................4.2.6
SubmittalProcedures ............................... 4 2 1
use to approve substitutions ........................6.7.3 Reports and Drawings ................................
Shown or Indicated 4.3.1 Subsurface and ......................................4.2
................................... 4.2.1.1
Site Access 7.2 13.2 Subsurface Conditions at the Site .................
................................... , 13.2 Technical Data .....................................4.2.2
SiteCleanliness ...................................
Site,Visits to- Supervision-
by ENGINEER ..............:.................9.2, 13.2 CONTRACTOR's responsibility ............. .. .
.............. 13.2 OWNER shall not supervise 8.9
by others ..................... ...............9.2,9.13.2
"Special causes of loss" policy form,insurance .......5.6.2 ENGINEER shall not supervise
Specifications-
Superintendence .......................................6.2
' .. 1.36 � Superintendent,CONTRACTOR's resident ...........6.
definition of ...............:..................:... IIA.5
of Technical Societies,reference to .................3.3.1 Supplemental costs ................................_.
precedence ..................:.....................3.3.3 Supplementary Conditions-
Standards and Specications of Technical
definition of
fi .................................
1.39
• Societies ......................................... . 1.10 1.18 2.2 2.7 4.2,4.3,5.1,
' .3.3 principal reference to ... +
Starting Construction, Before .......................2.5-2.8' � 5.3,5.4,5.6-5.9,5.11,6.8,6:13:7.4�8.11:9.3:9.10
Starting the Work ..........................
,...........2.4 Supplementing Contract Documents ..............3.6
Supplier-=
Stop or Suspend Work- •�
.............. 15.5 definition of ..................................... ..
by CONTRACTOR
3.7 6.5 6.8-6.11,
by OWNER ..................8.8, 13.10, 15.1 principal references to .................. ,
••••••••••• 6.20,6.24,9.13, 14.12
Storage of materials and equipment .........:.......4..6.181,7.2 .6.11
' Waiver of Rights ...................................
Structural Loading,Safety ..........................
Subcontractor- Surety-
...6.8-6.11 consent to final payment ..................... 14.... 14.14
Concerning. .................................. ......9.13
definition of ........................... 1.37 ENGINEER has no duty to ...................
10.1 10.5 15.2
delays ......... 12.3 Notification of ........................... ,
............................ ..6.11 qualification of ...............................5.1-5.3
waiver of rights . .
............ ........:..6.34
...6.8-6.11 Survival of Obligations ......
Subcontractors-in general ..................... ...... 13.10 15.1
5.11 6.11 11.4.3 Suspend Work,OWNER May ...........1
Subcontracts-required provisions ........ .
Submittals- .. 15
Suspension of Work and Termination- ...i•
14.2 CONTRACTOR May Stop Work or
Applications for Payment ............................ 15.5 '
.14.12 Terminate ........ ...............................
Maintenance and Operation Manuals ............... ... 15.1
Procedures .........................................6.25 OWNER May Suspend Work ••••••••:'•'•'.•.•..•..•.•.•.•15.2-15.4
Progress Schedules 2.6,2.9 OWNER May Terminate .......
6.24-6.28 Taxes-Payment by CONTRACTOR ....................6.15
Samples .......................................
Schedule of Values .............................2.6, 14.1 Technical Data- 4 2 2
Schedule of Shop Drawings and Limited Reliance by CONTRACTOR ...:::::::::
Samples Submissions*.................... 2.6,2.8-2.9 Possible Price and Times Adjustments ..............4.2.6
Shop Drawings ............................... 6.24-6.28 Reports of Differing Subsurface and ••.•.•...........4 23
Substantial Completion-
Physical Conditions .............
certification of ........................6.30.2.3, 14.8-14.9 Temporary construction facilities ........................4.1
definition of ........................................ 1.38 Termination- ,,, 15.5
....
.......6.7.2 by CONTRACTOR ......................... .
Substitute Construction Methods or Procedures g,8 15.1-15.4
Substitutes and "Or Equal" Items ......................6.7 by OWNER ...............................
CONTRACTOR's Expense .......................6.7.1.3 of ENGINEER's employment ........................ 8.2
ENGINEER's Evaluation ..................
........6.7.3 Suspension of Work-in general ........................ 15
"Or-Equal" ..................................
......6.7.1 Terms and Adjectives .....................:............3.4
Substitute Construction Methods of Procedures .....6.7.2 Tests and Inspections-
' 11 .

Article or Paragraph Article or Paragraph
Number Number
........ 1.28,5.15,6.30,2.4, 14.10
• Access to the Work, by others ...................... 13.2 Utilization,Partial ...... 11 3 .
CONTRACTOR's responsibilities .................... 13.5. Value of the Work ..................................... .
costof.............................................. 13.4
Values Schedule of .......................2.6,2.8-2.9, 14.1
covering Work prior to ......... 13.6-13.7 . Variations in Work-Minor
Laws and Regulations(or) .......................... 13.5 Authorized .................
Visits of Site-by ENGINEER .........................
9.2
Notice of Defects ................................... 13.1 . Waiver of Claims-on Final
OWNER May Stop Work .......................... 13.10 .................................... 14.15
13.4 Payment .......
OWNER's independent testing ...................... 5.11 6.11
special;:required by ENGINEER ..........9.6. Waiver of Rights by insured parties ...............
...........
timely notice required ................. 13.4 Warranty and Guarantee,General-by
.............. CONTRACTOR ...................6.30
Uncovering the Work,at ENGINEER's Warranty of Title,CONTRACTOR's ................... 14.3
request .................... 13.8-13.9
:, .. .
Work-
Timesr-' Access to ........................... 13.
Adjusting ............................................6.6 by others, .....7
Changeof Contract ................................... 12 Changes in the•....................................... 10
Adjusting ............................................6 2 Continuing the, ...........:.........................6.29
Computation*of ..................................... CONTRACTOR May Stop Work
Contract Times-definition of ....................... 1.12 or Terminate ................................... 15.5
day.- I.............................................17.72 Coordination of ......................................7.4
Milestones ........................................... 12 Cost of the ....... 11.4-11.5
..............................
43
Requirements- definition of ......................................... 1.
16
appeals ..:............:.......................... neglected by CONTRACTOR ...................... 13.14
clarifications,claims and other.Work ....................................
disputes .............................9.11, 11.2, 12 OWNER May Stop Work ............................ 13.10
commencement of contract times OWNER May Suspend Work 13.10, 15.1
pre construction conference ..........................2.8 Related,Work at Site .............................7.1 7.3
schedules .................................2.6,2.9,6.6 ...........................................
................. .
Starting the ••• 2
-, ..:.. starting the Work ................................:.2.4
Stopping by CONTRACTOR ........................ 15.5
Title,Warranty of ................ 14.3 Stopping by OWNER .............. 15.1-15.4
Uncovering Work ...............................: 13.8-13.9 Variation and deviation authorized, 3 6
Underground Facilities,Physical Conditions- ................................... ..... .
minor "'
Directive-
definition of ....... 1.41 Work Change Directive-
. 4.3.2 � claims pursuant to .................................. 10.2
Not Shown or Indicated ............................ . 1.44
protection of ..................... :....:.....:.4.3,6.20 definition of ........:............:..:....:...........
- ..........4.3.1 principal references to .3.5.3, 10.1-10:2
Shown or Indicated ......................
Unit.Price Work- Written Amendment
.. ......... 11.9.3 definition of ....................................71 45
claims ................................. . 1.10 3.5 5.10,5.12,6.6.2,6.8.2,
definition of ........................................ 1.42 principal references to.. +
general .................................. 6.19, 10.1, 10.40- 11.2, 12.1, 13.12.2, 14.7.2
Written Clarifications and
Unit Prices- ...3.6.3 9.4 9.11
general ........................................... 11.3.1 Interpretations ,
Determination for ...................................9.10 Written Notice Required
Use 9.10-9.11, 10.4, 11.2, 12.1
Use of Premises ........................6.16,6.18,6.30.2.4 by CONTRACTOR .........•.,9..10-9-11 10.4, 11.2, 112.1
Utility owners ......................6.13,6.20,7.1-7.3, 13.2 by OWNER..........:.....
12

GENERAL CONDITIONS' ment,together with all Written Amendments,Change Orders,
Work Change Directives, Field Orders and ENGINEER's
written interpretations and clarifications issued pursuant to
ARTICLE 1—DEFINITIONS 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
Wherever used in these General Conditions or in the other referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract
Contract Documents the following terms have the meanings Documents.
indicated which are applicable to both the singular and plural
thereof: 1.11. Contract Price—The moneys payable by OWNER to
CONTRACTOR for completion of the Work in accordance
Addenda—Written or graphic instruments issued prior with the Contract Documents as stated in the Agreement
to the opening of Bids which clarify, correct or change the (subject to the provisions of paragraph 11.9.1 in the case of
Bidding Requirements or the Contract Documents. Unit Price Work).
1.2. Agreement—The written contract between OWNER 1.12. Contract Times—The numbers of days or the dates
and CONTRACTOR covering the Work to be performed;other stated in the Agreement:(i)to achieve Substantial Completion,
Contract Documents are attached to the Agreement and made and (ii) to complete the Work so that it is ready for final
a part thereof as provided therein. payment as evidenced by ENGINEER's written recommenda-
tion of final payment in accordance with paragraph 14.13.
1.3. Application for Payment—The form accepted by EN-
GINEER which is to be used by CONTRACTOR in requesting 1.13. CONTRACTOR The person, firm or corporation
progress or final payments and which is to be accompanied by with whom OWNER has entered into the Agreement.
such supporting documentation as is required by the Contract
Documents. 1.14. defective-An adjective which when modifying the
word Work refers to Work that is unsatisfactory, faulty or.
1.4. Asbestos—Any material that contains more than one. deficient,in that it does not conform to the Contract Docu-
percent asbestos and is friable or is releasing asbestos fibers ments,or does not meet the requirements of any inspection,
into the air above current•action levels established by the reference standard, test or approval referred to in the
United States Occupational Safety and Health Administration. Contract Documents, or has been.damaged prior to ENGI-
NEER's recommendation of final payment(unless responsi-
1.5. Bid—The offer or proposal of the bidder submitted on bility for the protection thereof has been assumed by OWNER
the prescribed form setting forth the prices for the Work to be at Substantial Completion in accordance with paragraph 14.8
performed. or 14.10).
1.6: Bidding Documents—The advertisement or invitation 1.15. Drawings The drawings which show the scope,
to Bid,instructions to bidders,the Bid form,and the proposed extent and character of the Work to be furnished and per-
Contract Documents (including all Addenda issued prior to formed by CONTRACTOR and which have been prepared or
receipt of Bids). approved by ENGINEER and are referred to in the Contract
Documents.Shop drawings are not Drawings as so defined.
1.7. Bidding Requirements—The advertisement or invita-
tion to Bid,instructions to bidders,and the Bid form. 1.16. Effective Date of the Agreement-The date indicated
in the Agreement on which it becomes effective,but if no such
1.8. Bonds—Performance and Payment bonds and other date is indicated it means the date on which the Agreement is
instruments of security. signed and delivered by the last of the two parties to sign and
deliver.
1.9. Change Order=A document recommended by ENGI- 1.17. ENGINEER—The person,firm orcorporati6n named
NEER,which is signed by CONTRACTOR and OWNER and
authorizes an addition,deletion or revision in the Work,or an as such in the Agreement.
adjustment in the Contract Price or the Contract Times,issued
on or after the Effective Date of the Agreement. 1.18. ENGINEER's Consultant—A person,firm or corpo-
ration having a contract with ENGINEER to furnish services
1.10. Contract Documents—The Agreement, Addenda as ENGINEER's independent professional associate or con-
(which pertain to the Contract Documents),CONTRACTOR's sultant with respect to the Project and who is identified as such
Bid (including documentation accompanying the Bid and any in the Supplementary Conditions.
post Bid.documentation submitted prior to the Notice of
Award) when attached as an exhibit to the Agreement, the 1.19. Field Order—A written order issued by ENGINEER
Notice to Proceed, the Bonds, these General Conditions, the which orders minor changes in the Work in accordance with
Supplementary Conditions, the Specifications and the Draw- paragraph 9.5 but which does not involve a change in the
ings as the same are more specifically identified in the Agree- Contract Price or the Contract Times.
13

1.20. General Requirements—Sections of Division 1 of the 1.33. ' Resident Project Representative— The authorized '
Specifications. representative of ENGINEER who may be assigned to the site
or any part thereof.
1.2Li 'Hazardous Waste—The term Hazardous Waste shall
have the meaning provided in Section 1004 of the Solid Waste 1.34. Samples—Physical examples of materials,equipment,
Disposal Act(42 USC Section 6903)as amended from time to or workmanship that are representative of some portion of the
time. Work and which establish the standards by which such portion
of the Work will be judged.
1.2il.: Laws and Regulations; Laws or Regulations—Any diagrams, illustra-
and all applicable laws, rules, regulations, ordinances, codes 1.35. Shop Drawings drawings,
and orders of any and all governmental bodies, agencies, [ions, schedules and othea All r data or information which are
authorities and courts having jurisdiction. specifically prepared or assembled by or for CONTRACTOR
and submitted by CONTRACTOR to illustrate some portion of
1.23." Liens—Liens, charges, security interests or encum- the Work.
brances upon real property or personal property.
1.36. Specifications—Those portions of the Contract Doc-
1.24:". Milestone—A principal event specified in the Con- uments consisting of written technical descriptions of materi-
tract Documents relating to an intermediate completion date or als,equipment,construction systems,standards and workman-
ship as applied to the Work and certain administrative details
time prior to Substantial Completion of all the Work.
applicable thereto.
1.25:, Notice of Award—The written notice by OWNER to 1.37. Subcontractor—An individual, firm or corporation
the apparent successful bidder stating that upon compliance by having a direct contract with CONTRACTOR or with any
the apparent successful bidder with the conditions precedent other Subcontractor for the performance of a part of the Work
enumerated therein, within the time specified, OWNER will at the site.
sign and deliver the Agreement.
1.38. Substantial Completion The Work (or a specified
1.26:"..Notice toProceed—A written noticegivenby OWNER part thereof)has progressed to the point where,in the opinion
to CONTRACTOR (with a copy to ENGINEER) fixing the of ENGINEER as evidenced by ENGINEER's definitive
date on which the Contract Times will commence to run and on certificate of Substantial Completion, it is sufficiently com-
which CONTRACTOR shall start to perform CONTRA& plete,in accordance with the Contract Documents,so that the
'POR's obligations under the Contract Documents. Work(or specified part) can be utilized for the purposes for
which it is intended;or if no such certificate is issued,when the
1.27. OWNER—The public body or authority, corpora- Work is complete and ready for final payment as evidenced by
tion,_association, firm or person with whom CONTRACTOR ENGINEER's written recommendation of final-payment in
has entered into the Agreement and for whom the Work is to be accordance with paragraph 14.13. The terms "substantially
provided. complete"and "substantially completed" as applied to all or
Substantial Completion thereof.
part of the Work refer to
1.28.:' Partial Utilization—Use by OWNER of a substan-
tially completed part of the Work for the purpose for which it is 1.39. Supplementary Conditions The part of the Contract
intended(or a related purpose)prior to Substantial Completion Documents which amends or supplements these General Con-
of all the Work. ditions.
1.29. PCBs—Polychlorinated biphenyls. 1.40. Supplier—A manufacturer, fabricator, supplier, dis-
tributor,materialm n or vendor having a direct contract with
1.30.- Petroleum—Petroleum, including crude oil or any CONTRACTOR or with any Subcontractor to furnish materi-
fraction thereof which is liquid at standard conditions of als or equipment to be incorporated in the Work by CON-
temperature and pressure (60 degrees Fahrenheit and 14.7 TRACTOR or any Subcontractor.
pounds per square inch absolute), such as oil, petroleum,fuel
oil,oil sludge,oil refuse,gasoline,kerosene,and oil mixed with 1.41. Underground Facilities—All pipelines,conduits,ducts,
other non-Hazardous Wastes and crude oils. cables, wires, manholes, vaults, tanks, tunnels or other such
facilities or attachments,and any encasements containing such
1.31. Project—The total construction of which the Work to facilities which have been installed underground to furnish any
be provided under the Contract Documents may be the whole, of the following services or materials:electricity,gases,steam,
or a part as indicated elsewhere in the Contract Documents. liquid petroleum products, telephone or other communica-
tions,cable television,sewage and drainage removal,traffic or
1.32.. Radioactive Material—Source, special nuclear, or other control systems or water.
byproduct material as defined by the Atomic Energy Act of
1954(42 USC Section 2011 et seq.) as amended from time to 1.42. Unit Price Work—Work to be paid for on the basis of
time, unit prices.
14

1.43. Work—The entire completed construction or the var- Contract Times commence to run later than the sixtieth day after
ious separately identifiable parts thereof required to be fur- the day of Bid opening or the thirtieth day after the Effective Date
nished under the Contract Documents. Work includes and is of the Agreement,whichever date is earlier.
the result of performing or furnishing labor and furnishing and
incorporating materials and equipment into the construction, Starting the Work:
and performing or furnishing services and furnishing docu-
ments,all as required by the Contract Documents. 2.4. CONTRACTOR shall start to perform the Work on the
date when the Contract Times commence to run,but no Work
1.44. Work Change Directive—A written directive to CON- shall be done at the site prior to the date on which the Contract
TRACTOR, issued on or after the Effective Date of the Times commence to run.
Agreement-and signed by OWNER and recommended by
ENGINEER,ordering an addition,deletion or revision in the Before Starting Construction:
Work,or responding to differing or unforeseen physical condi-
tions under which the Work is to be performed as provided in 2.5. Before undertaking each part of the Work, CON-
paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23.A TRACTOR shall carefully study and compare the Contract
Work Change Directive will not change the Contract Price or Documents and check and verify pertinent figures shown
the Contract Times,but is evidence that the parties expect that thereon and all applicable_field measurements. CONTRAC-
the change directed or documented by a Work Change Direc- ' TOR shall promptly report in writing to ENGINEER any
tive will be incorporated in a subsequently issued Change conflict, error, ambiguity or discrepancy which CONTRAC-
Order following negotiations by the parties as to its effect, if TOR may discover and shall obtain a written interpretation or
any, on the Contract Price or Contract Times as provided in clarification from ENGINEER before proceeding with any
paragraph 10.2. Work affected thereby;however,CONTRACTOR shall not be
liable to OWNER or ENGINEER for failure to report any
1.45. Written Amendment—A written amendment of the conflict,error,ambiguity or discrepancy in the Contract Doc-
Contract Documents,signed by OWNER and CONTRACTOR uments, unless CONTRACTOR knew or reasonably should
on or after the Effective Date of the Agreement and normally have known thereof.
dealing with the nonengineering or nontechnical rather than 2.6. Within ten days after the Effective Date of the Agree-
strictly construction-related aspects of the Contract Docu-
ments. 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
ARTICLE 2—PRELIMINARY MATTERS 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-
Delivery of Bonds: pie submittals which will list each required submittal and the
times for submitting,reviewing and processing such submit
-
2.1. When CONTRACTOR delivers the executed Agree- tal;
ments to OWNER, CONTRACTOR shall also deliver to 2.6.3. a preliminary schedule of values for all of the
OWNER such Bonds as CONTRACTOR may be required to
Work which will include quantities and prices of items
furnish in accordance with paragraph 5.1. 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
Copies of Documents: include an appropriate amount of overhead and profit appli-
cable to each item of Work.
2.2. OWNER shall furnish to CONTRACTOR up to ten
copies(unless otherwise specified in the Supplementary Con- 2.7. Before any Work at the site is started,CONTRACTOR
ditions) of the Contract Documents as are reasonably neces- and OWNER shall each deliver to the other, with copies to
sary for the execution of the Work. Additional copies will be each additional insured identified in the Supplementary Condi-,
furnished, upon request, at the cost of reproduction. 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
Commencement of Contract Times,Notice to Proceed. required to purchase and maintain in accordance with para-
graphs 5.4,5.6 and 5.7.
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 Preconstruction Conference:
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 2.8. Within twenty days after the Contract Times start to
after the Effective Date of the Agreement. In no event will the run, but before any Work at the site is started, a conference
15

attended by CONTRACTOR;ENGINEER and others as ap- cations and interpretations of the Contract Documents shall be
propriate will be held to establish a working understanding issued by ENGINEER as provided in paragraph 9.4.
among the parties as to the Work and to discuss the schedules
referred to.in paragraph 2.6, procedures for handling Shop f
3.3.Reference to Standards and Specifications of Technical
Drawings and other submittals, processing Applications for
Societies;Reporting and Resolving Discrepancies:
Payment and maintaining-required records.
3.3.1. Reference to standards,specifications,manuals or
codes of any technical society, organization or association,
Initially Acceptable Schedules: or to the Laws or Regulations of any governmental authority,
whether such reference be specific or by implication, shall
2A Unless otherwise provided in the Contract Docu- mean the latest standard, specification, manual, code or
ments;at least ten days before submission of the first Applica- Laws or Regulations in effect at the time of opening of Bids
tion for Payment a conference attended by CONTRACTOR, (or,on the Effective Date of the Agreement if there were no
ENGINEER and others as appropriate will be held to review Bids),except as may be otherwise specifically stated in the
for acceptability to ENGINEER as provided below the sched- Contract Documents.
ules submitted in accordance with paragraph 2.6.CONTRA&
TOR shall have an additional ten days to make corrections and 3.3.2. if, during the performance of the Work, CON-
adjustments and to complete and resubmit the schedules.No TRACTOR discovers any conflict, error, ambiguity or dis-
progress payment shall be made to CONTRACTOR-until the crepancy within the Contract Documents or between the
schedules are submitted to and acceptable to ENGINEER as Contract Documents and any provision of any such Law or
provided below. The progress schedule will be acceptable to Regulation applicable to the performance of the Work or of
ENGINEER as providing an orderly progression of the Work any such standard, specification, manual or code or of any
to completion within any specified Milestones and the Contract instruction of any Supplier referred to in paragraph 6.5,
Times, but such acceptance will neither impose on ENGI- CONTRACTOR shall report it to ENGINEER in writing at
NEER responsibility for the sequencing,schedulingor progress once,and,CONTRACTOR shall not proceed with the Work
of the Work nor interfere with or relieve CONTRACTOR from affected thereby (except in an emergency as authorized by
CONTRACTOR's full responsibility therefor.CONTRACTOR's paragraph 6.23) until an amendment or supplement to the
schedule of Shop Drawing and Sample submissions will be Contract Documents has been issued by one of the methods
acceptable to ENGINEER as providing a workable arrange- indicated in paragraph 3.5 or 3.6; provided, however, that
ment for reviewing and processing the required submittals. CONTRACTOR shall not be liable to OWNER or ENG1-
CONTRAC POR's schedule of values will be acceptable to NEER for failure to report any such conflict,error,ambigu-
ENGINEER as s form and substance. 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
ARTICLE 3—CONTRACT DOCUMENTS: INTENT, or supplement thereto issued by one of the methods indi-
AMENDING,REUSE cated in paragraph 3.5 or 3.6,the provisions of the Contract
J Documents shall take precedence in resolving any conflict,
error, ambiguity or discrepancy between the provisions of
the Contract Documents and:
Intent:
3.3.3.1. the provisions bf any such standard,speci-
3.1. The Contract Documents comprise the entire agree- fication, manual, code or instruction (whether or not
ment between OWNER and CONTRACTOR concerning the specifically incorporated by reference in the Contract
Work. The Contract Documents are complementary;what is Documents);or
called for by one is as binding as if called for by all. The
Contract Documents will be construed in accordance with the 3.3.3.2. the provisions of any such Laws or Regu-
law of the place of the Project. lations applicable to the performance of the Work
(unless such an interpretation of the provisions of the
3.2. It is the intent of the Contract Documents to describe Contract Documents would result in violation of such
a functionally complete Project (or part thereof) to be con- Law or Regulation)..
structed in accordance with the Contract Documents. Any
Work,materials or equipment that may reasonably be inferred No provision of any such standard,specification,manual,
from the Contract Documents or from prevailing custom or code or instruction shall be effective to change the duties and
e intended result responsibilitiesofOWNER,CONTRACTORorENGINEER,
trade usage as being required to produce th
will be furnished and performed whether or not specifically or any of their subcontractors, consultants, agents, or em-
called for. When words or phrases which have a well-known ployees from those set forth in the Contract Documents,nor
technical or construction industry or trade meaning are used to shall it be effective to assign to OWNER, ENGINEER or
describe Work,materials.or equipment,such words or phrases any of ENGINEER's Consultants,agents or employees any
shall be interpreted in accordance with that meaning. Clarifi- duty or authority to supervise or direct the furnishing or
16

an M or authority to under- of the Drawings, Specifications.or other documents(or copies
performance of the Work or y y Y
take responsibility inconsistent with the provisions of para- of any thereof)prepared by or bearing the seal of ENGINEER
graph 9.13 or any other provision of the Contract Docu- or ENGINEER's Consultant, and (ii) shall not reuse any of
" ments. such Drawings, Specifications, other documents or copies on
extensions of the Project or any other project without written
3.4. Whenever in the Contract Documents the terms"as consent of OWNER and ENGINEER and specific written
ordered," "as directed," "as required;' "as allowed," "as verification or adaption by ENGINEER.
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- ARTICLE 4—AVAILABILITY OF LANDS;
menfof ENGINEER as to the Work,it is intended that such SUBSURFACE AND PHYSICAL
requirement, direction, review or judgment will be solely to CONDITIONS; REFERENCE POINTS
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 Availability of Lands:
indicated in the Contract Documents (unle"ss there is a
specific statement indicating otherwise).The use of any such 4.1. OWNER shall furnish, as indicated in the Contract
term or adjective shall not be effective to assign to ENGI-
NEER any duty-or authority to supervise or direct the Documents,the lands upon which the Work is to be performed,
furnishing-or performance of the Work or any duty or rights-of-way and easements for access thereto,and such other
authority to undertake responsibility contrary to the provi- lands which are designated for the use of CONTRACTOR.
are
of 'paragraph 9.13 or any other.-provision of the Upon reasonable written request,OWNER shall furnish CON-
Contract Documents. 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
Amending and Supplementing Contract Documents: giving notice of or filing a mechanic's lien against such lands in
accordance with applicable Laws and Regulations. OWNER
3.5. The Contract Documents may be amended to provide shall identify any encumbrances or restrictions not of general
for additions,deletions and revisions in the Work or to modify application but specifically related to use of lands so furnished
lthe terms and conditions thereof in one or more of the following with which CONTRACTOR will have to comply in performing
ways: the Work. Easements for permanent structures or permanent
changes in existing facilities will be obtained and paid for by
3.5.1.' a formal Written Amendment, OWNER, unless otherwise provided in the Contract Docu-
ments.If CONTRACTOR and OWNER are unable to agree on
.%--3.5.2.-: a Change Order(pursuant to paragraph 10.4), or entitlement to or the amount or extent of any adjustments in the
J " Contract Price or the Contract Times as a result of any delay in
3.5.3. a Work Change Directive(pursuant to OWNER's furnishing these lands,rights-of-way or easements,
paragraph 10.1). CONTRACTOR may make a claim therefor as provided*in
Articles 11' and 12. CONTRACTOR shall provide for all
3.6. In addition, the requirements of the Contract Docu- additional lands and access thereto that may be required for
ments may be supplemented,and minor variations and devia- temporary construction facilities or storage of materials and
tions in the Work may be authorized, in one or more of the equipment.
following ways:
3.6.1. a Field Order(pursuant to paragraph 9.5), 4.2.Subsurface and Physical Conditions:
3.6.2. ENGINEER's approval of a Shop Drawing or 4.2.1. Reports and Drawings: Reference is made to the
Sample(pursuant to paragraphs 6.26 and 6.27),or Supplementary Conditions for identification of:
3.6.3. ENGINEER's written interpretation or clarifica- 4.2.1.1. Subsurface Conditions:Those reports of explo-
tion(pursuant to paragraph 9.4). 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_ Reuse of Documents:
4.2.1.2. Physical Conditions:Those drawings of physical
3.7. CONTRACTOR, and any Subcontractor or Supplier conditions in or relating to existing surface or subsurface
or other person or organization performing or furnishing any of structures at or contiguous to the site(except Underground
the Work under a direct or indirect contract with OWNER(i) Facilities)that have been utilized by ENGINEER in prepar-
shall not have or acquire any title to or ownership rights in any ing the Contract Documents.
17

4.2.2. Limited Reliance by CONTRACTOR Authorized; 4.2.5. Possible Contract Documents Change: If ENGI-
Technical Data: CONTRACTOR may rely upon the general NEER concludes that a change iri the Contract Documents is
accuracy of the"technical data"contained in such reports and required as a result of a condition that meets one or more of the
drawings, but such reports and drawings are not Contract categories in paragraph 4.2.3., a Work Change Directive or a
Documents.Such"technical data" is identified in the Supple- Change Order will be issued as provided in Article 10 to reflect
mentary Conditions. Except for such reliance on such "tech- and document the consequences of such change.
nical data, CONTRACTOR may not rely upon or make any
claim against OWNER,ENGINEER or any of ENGINEER's 4.2.6. Possible Price and Times Adjustments:An equitable
Consultants with respect to: 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
4.2.2.1. the completeness of such reports and drawings -
for CONTRACTOR'S purposes, including, but not limited crease in CONTRACPOR's cost of, or time required for
Performance of,the Work;subject,however,to the following:
to, any.aspects of the means, methods, techniques, se-
quences and procedures of construction to be employed by 4.2.6.1. such condition must meet anyone or more of the
CONTRACTOR and safety precautions and programs inci- categories described in paragraphs 4.2.3.1 through 4.2.3.4,
dent thereto,or. inclusive;
4.2.2.2. other data, interpretations, opinions and infor- 4.2.6.2. a change in the Contract Documents pursuant to
mation contained in such reports or shown or indicated in paragraph 4.2.5 will not be an automatic authorization of nor
such drawings,or a condition precedent to entitlement to any such adjustment;
4.2.2.K. any CONTRACTOR interpretation of or conclu- 4.2.6.3. with respect to Work that is paid for on a Unit
sion drawn from any "technical data" or any such data, Price Basis,any adjustment in Contract Price will be subject
interpretations, opinions or information. to the provisions of paragraphs 9.10 and 11.9;and
4.2.3. Notice of Differing Subsurface or Physical Condi- 4.2.6.4. CONTRACTOR shall not be entitled to any
l tions: If CONTRACTOR believes that any subsurface or adjustment in the Contract Price or Times if;
physical condition at or contiguous to the site that is uncovered
_ or revealed either: 4.2.6.4.1. CONTRAC POR knew of the existence of
such conditions at the time CONTRACTOR made a final
4.2.3.1. is of such a nature as to establish that any commitment to OWNER in respect of Contract Price and
"technical data" on which CONTRACTOR is entitled to Contract Times by the submission of a bid or becoming
rely as provided in paragraphs 4.2.1 and 4.2.2 is materially bound.under a negotiated contract;or
inaccurate,or
4.2.6.4.2. the existence of such condition could rea-
:A.2.3,2, is of such a nature as to require a change in the sonably have been discovered or revealed as a result of
'trontracE Documents,or any examination,investigation,exploration;test or study
of the site and contiguous areas required by the Bidding
4.23.3. ' differs materially from that shown or indicated in Requirements
for CONTRACTOR prior toCONTcuments tRACPOR's making
the Contract Documents,or o be conducted by
or
such final commitment;or
4.2.3.4. is of an unusual nature, and differs materially
from conditions ordinarily encountered and generally recog- 4.2.6.4.3. CONTRACTOR failed to give the h written
nized as inherent in work of the character provided for in the notice within the time and as required by pa g p
Contract Documents;then
If OWNER and CONTRACTOR are unable to agree on
CONTRACTOR shall,promptly after becoming aware thereof entitlement to or as to the amount or length of any such
and before further disturbing conditions affected thereby or equitable adjustment in the Contract Price or Contract Times,
ection therewith (except in an a claim may be made therefor as provided in Articles 11 and 12.
performing any Work in conn
Consult-
emergency as permitted by paragraph 6.23), notify OWNER However,OWNER,ENGINEER and ENGINEER's Consult-
and ENGINEER in writing about such condition.CONTRAC- ants shall not be liable to CONTRACTOR for any claims,
TOR shall not further disturb such conditions or perform any costs,losses or damages sustained by CONTRACTOR on or in
_ Work in connection therewith (except as aforesaid) until re- connection with any other project or anticipated project.
ceipt of written order to do so.
4.2.4. ENGINEER's Review: ENGINEER will promptly 4.3.Physical Conditions—Undergrbund Facilities:
review the pertinent conditions, determine the necessity of
OWNER's obtaining additional exploration or tests with re- 4.3.1. Shown or Indicated:The information and data shown
spect thereto and advise OWNER in writing(with a copy to or indicated in the Contract Documents with respect to existing
CONTRACTOR) of ENGINEER's findings and conclusions. Underground Facilities at or contiguous to the site is based on
18

information and data fumished to OWNER or ENGINEER by without the prior written approval of OWNER. CONTRAC-
the owners of such Underground Facilities or by others.Unless it TOR shall report to ENGINEER whenever any reference
is otherwise expressly provided in the Supplementary Conditions: point is lost or destroyed or requires relocation because of
necessary changes in grades or locations,and shall be respon-
4.3.1.1. OWNER and ENGINE
ER shall not be respon- sible for the accurate replacement or relocation of such refer-
sible for the accuracy or completeness of any such informa- ence points by professionally qualified personnel.
tion or data;and
4.5, Asbestos,PCBs,Petroleum,Hazardous Waste or Radio-
4.3.1.2. The cost of all of the following will be included in active Material:
the Contract Price and CONTRACTOR shall have full respon- 4.5.1. OWNER shall be responsible for any Asbestos,
sibility for:(i)reviewing and checking all such information and PCBs, Petroleum, Hazardous Waste or Radioactive Material
data,(ii)locating all Underground Facilities shown or indicated uncovered or revealed at the site which was not shown or
in the Contract Documents,(iii)coordination of the Work with
the owners of such Underground Facilities during construction, indicated in Drawings or Specifications or identified in the
Contract Documents to be within the scope of the Work and
and (iv) the safety and protection of all such Underground
which may present a substantial danger to persons or property
Facilities as provided in paragraph 6.20 and repairing any
damage thereto resulting from the Work. .exposed thereto in connection with the Work at the site.
OWNER shall not be responsible for any such materials
4.3.2. Not Shown or Indicated:If an Underground Facility brought to the site by CONTRACTOR,Subcontractor,Suppli-
ers or anyone else for whom CONTRACTOR is responsible.
is uncovered or revealed at or contiguous to the site which was
not shown or indicated in the Contract Documents, CON- 4.5.2. CONTRACTOR shall immediately: (i) stop all
TRACTOR shall, promptly after becoming aware thereof and Work in connection with such hazardous condition and in
before further disturbing conditions affected thereby or per- any area.affected thereby (except in an emergency as re-
forming any Work in connection therewith (except in an quired by paragraph 6.23), and (ii) notify OWNER and
emergency as required by paragraph 6.23),identify the owner ENGINEER(and thereafter confirm such notice in writing).
of such Underground Facility and give written notice to that OWNER shall promptly consult with ENGINEER concern-
owner and to OWNER and ENGINEER. ENGINEER will ing the necessity for OWNER to retain a qualified expert to
promptly review the Underground Facility and determine the evaluate such hazardous condition or take corrective action,
extent, if any, to which a change is required in the Contract ' if any.CONTRACTOR shall not be required to resume Work
= Documents to reflect and document the consequences of the in connection with such hazardous condition or in any such
existence of the Underground Facility. If ENGINEER con- affected area until after OWNER has obtained any required
cludes that a change in the Contract Documents is required,a permits related thereto and delivered to CONTRACTOR
Work Change Directive or a Change Order will be issued as special written notice: (i)specifying that such condition and
provided in Article 10 to reflect and document such conse- any affected area is or has been rendered safe for the
quences. During such time, CONTRACTOR shall be respon- resumption of Work,or(ii)specifying any special conditions
sible for the safety and protection of such Underground Facility under which such Work may be resumed safely.If OWNER
as.provided in paragraph 6.20. CONTRACTOR shall be.al- and CONTRACTOR cannot agree as to entitlement to or the
lowed an increase in the Contract Price or an extension of the amount or extent of an adjustment,if any,in Contract Price
Contract Times,or both,to the extent that they are attributable or Contract Times as a result of such Work stoppage or such
to the existence of any Underground Facility that was not special conditions under which Work is agreed by CON-
shown or indicated in the Contract Documents and that CON- TRACTOR to be resumed, either party may make a claim
TRACTOR did not know of and could not reasonably have therefor as provided in Articles 11 and 12.
been expected to be aware of or to have anticipated. If
OWNER and CONTRACTOR are unable to agree on entitle- 4.5.3. If after receipt of such special written notice
merit to or the amount or length of any such adjustment in CONTRACTOR does not agree to resume such Work based
Contract Price or Contract Times,CONTRACTOR may make on. a reasonable belief it is unsafe, or does not agree to
a claim therefor as provided in Articles 11 and 12. However, resume such Work under such special conditions, then
OWNER, ENGINEER and ENGINEER's Consultants shall OWNER may order such portion of the Work that is in
not be liable to CONTRACTOR for any claims,costs,losses or connection with such hazardous condition or in such af-
damages incurred or sustained by CONTRACTOR on or in fected area to be deleted from the Work. If OWNER and
connection with any other project or anticipated project. 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
Reference Points: Work, then either party may make a claim therefor as
provided in Articles 11 and 12. OWNER may have such
4.4. OWNER shall provide engineering surveys to estab- deleted portion of the Work performed by OWNER's own
lish reference points for construction which in ENGINEER's forces or others in accordance with Article 7.
judgment are necessary to enable CONTRACTOR to proceed
Reg-
with the Work.CONTRACTOR shall be responsible for laying 4.5.4. To the fullest extent permitted by Laws and Reg-
out the Work, shall protect and preserve the established ulations,OWNER shall indemnify and hold harmless CON-
reference points and shall make no changes or relocations TRACTOR, Subcontractors, ENGINEER, ENGINEER's
19

Consultants and the officers,directors, employees, agents, companies that are duly licensed or authorized in the juris-
other consultants and subcontractors of each and any of diction in which the Project is.located to issue Bonds or
them from and against all claims,costs,losses and damages insurance policies for the limits and coverages so required.
arising out of or resulting from such hazardous condition, Such surety and insurance companies shall also meet such
provided that: (i) any such claim, cost, loss or damage is additional requirements and qualifications as may be pro-
attributable to bodily injury,sickness,disease or death,or to vided in the Supplementary Conditions.
injury to or destruction of tangible property(other than the
Work itself), including the loss of use resulting therefrom, 5.3.2. CONTRACTOR shall deliver to OWNER, with
and (ii) nothing in this subparagraph 4.5.4 shall obligate copies to each additional insured identified in the Supple-
OWNER to indemnify any person or entity from and against inentary Conditions, certificates of insurance (and other
the consequences of that person's or entity's own negli- evidence of insurance requested by OWNER or any other
gence. additional insured) which CONTRACTOR is required to
purchase and maintain in accordance with paragraph 5.4.
4.5.5. The provisions of paragraphs 4.2 and 4.3 are not OWNER shall deliver to CONTRACTOR, with copies to
intended to apply to Asbestos,PCBs,Petroleum,Hazardous each additional insured identified in the Supplementary
Waste or Radioactive Material uncovered or revealed at the Conditions,,certificates of insurance(and other evidence of
site. in 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.
ARTICLE 5. BONDS AND INSURANCE Insurance:
CONTRACTOR's Liability -
5.4. CONTRACTOR shall purchase and maintain such
Performance,Payment and Other Bonds: liability and other insurance as is appropriate for the Work
being performed and furnished and as will provide protection
5.1. CONTRACTOR shall furnish Performance and from claims set forth below which may arise out of or result
Payment Bonds, each in an amount at least equal to the from CONTRACTOR's performance and furnishing of the
Work and CONTRACTOR's other obligations under the Con-
Contract Price as security for the faithful performance-and
payment of all CONTRACTOR'S obligations under the tract Documents,whether it is to be performed or furnished by
Contract Documents. These Bonds shall remain in effect at CONTRACTOR,any Subcontractor or Supplier,or by anyone
least until one year after the date when final payment becomes directly or indirectly employed by any of them to perform or
due,except as provided otherwise by Laws or Regulations or furnish any of the Work,or by anyone for whose acts any of
by the Contract Documents. CONTRACTOR shall also fur- them may be liable:
nish such other Bonds as are required by the Supplementary
Conditions:All Bonds shall be in the form prescribed by the 5.4.1. claims under workers' compensation, disability
Contract Documents except as provided otherwise by Laws or benefits and other similar employee benefit acts;
Regulations,'and shall be executed by such sureties as are
named in the current list of"Companies Holding Certificates 5.4.2. claims for damages because of bodily injury, oc-
of Authority as Acceptable Sureties on Federal Bonds and as cupational sickness or disease, or death of CONTRAC-
Acceptable Reinsuring Companies" as published in Circular TOR's employees;
570 (amended) by the Audit Staff, Financial Management
Service, Surety Bond Branch, U.S. Treasury Department. 5.4.3. claims for damages because of bodily injury,sick-
(Phone [phone]).All Bonds signed by an agent must be
accompanied by a certified copy of such agent's authority to, ness or disease, or death of-any person other than CON-
TRACTOR's employees;
act.
5.2. if the surety on any Bond furnished by CONTRA&- 5.4.4. claims for damages'insured by customary personal
TOR is declared a bankrupt or becomes insolvent or its right to injury liability coverage which are sustained: (i) by any
do business is terminated in any state where any part of the person as a result of an offense directly or indirectly related
Project is located or it ceases to meet the requirements of to the employment of such person by CONTRACTOR,or(ii)
paragraph 5.1,CONTRACTOR shall within ten days thereafter by any other person for any other reason;
substitute another Bond and surety, both of which must be 5.4.5. claims for damages,other than to the Work itself,
acceptable to OWNER.
because of injury to or destruction of tangible property
wherever located,including loss of use resulting therefrom;
5.3.Licensed Sureties and Insurers;Certificates of Insurance: and
5.3.1. All Bonds and insurance required by the Contract 5.4.6. claims for damages because of bodily injury or
Documents to be purchased and maintained by OWNER or death of any person or property damage arising out of the
CONTRACTOR shall be.obtained from surety or insurance ownership,maintenance or use of any motor vehicle.
20

1
The policies of insurance so required by this paragraph 5.4 to ance upon the Work at the site in the amount of the full
be purchased and maintained shall: replacement cost thereof(subject to such deductible amounts
as may be provided in the Supplementary Conditions or
5.4.7. with respect to insurance required by paragraphs required by Laws and Regulations). This insurance shall:
5.4.3 through 5.4.6 inclusive, include as additional insureds
(subject to any customary exclusion in respect of profes- 5.6.1. include the interests of OWNER, CONTRAC-
sional liability)OWNER,ENGINEER,ENGINEER's Con- TOR, Subcontractors, ENGINEER, ENGINEER's Con-
sultants and any other persons or entities identified in the sultants and any other persons or entities identified in the
.Supplementary Conditions, all of whom shall be listed as Supplementary Conditions,each of whom is deemed to have
additional insureds,and include coverage for the respective an insurable interest and shall be listed as an insured or
officers and employees of all such additional insureds; additional insured;
5.4.8. include the specific coverages and be written for
• not less than the limits of liability provided in the Supple- 5.6.2. be written on a Builder's Risk "all-risk" or open
mentary Conditions or required by Laws or Regulations, peril or special causes of loss policy form that shall at least
whichever is greater; include insurance for physical loss or damage to the Work,
temporary buildings,falsework and Work in transit and shall
5.4.9. include.completed operations insurance; insure against at least the following perils:fire,lightning,
extended coverage,theft,vandalism and malicious mischief,
5.4.10. include contractual liability insurance covering earthquake,collapse,debris removal,demolition occasioned
CONTRACTOR's indemnity obligations under paragraphs by enforcement of Laws and Regulations, water damage,
6.12,6.16 and 6.31 through 6.33; and such other perils as may be specifically required by the
5.4.11. contain a provision or endorsement that the
Supplementary Conditions;
coverage afforded will not be cancelled,materially changed 5.6.3. include expenses incurred in the repair or replace-
or renewal refused until at least thirty days prior written ment of any insured property (including but not limited to
notice has been given to OWNER and CONTRACTOR and fees and charges of engineers and architects);
to each other additional insured identified in the Supplemen-
tary,Conditions to whom a certificate of insurance has been
y issued (and the certificates of insurance furnished by the S.b.4. cover materials and equipment stored at the site or
-: CONTRACTOR pursuant to paragraph 5.3.2 will so pro- at another location that was agreed to in writing by OWNER
vide); prior to being incorporated in the Work,provided that such
materials and equipment have been included in an Applica-
5.4.12. remain in effect at least until final payment and at tion for Payment recommended by ENGINEER;and
all times thereafter when CONTRACTOR may be correct-
ing, removing or replacing defective Work in accordance 5.6.5. be maintained in effect until final payment is made
:.with paragraph 13.12;and unless otherwise agreed to in writing by OWNER, CON-
TRACTOR and ENGINEER with thirty days written notice
5.4.13. with respect to completed operations insurance, to each other additional insured to whom a certificate of
and any insurance coverage written on a claims-made basis, insurance has been issued.
remain in effect for at least two years after final payment
(and CONTRACTOR shall furnish OWNER and each other 5.7. OWNER shall purchase and maintain such boiler and
additional insured identified in the Supplementary Condi-
' lions to whom a certificate of insurance has been issued machinery insurance or additional property insurance as may
be required by the Supplementary Conditions or Laws and
evidence satisfactory to OWNER and any such additional
insured of continuation of such insurance at final payment Regulations which will include the interests of OWNER,
and one year thereafter). CONTRACTOR,Subcontractors,ENGINEER,ENGINEER's
Consultants and any other persons or entities identified in the
Supplementary Conditions, each of whom is deemed to have
OWNER's Liability Insurance: an insurable interest and shall be listed as an insured or
additional insured.
5.5. In addition to the insurance required to be provided by
CONTRACTOR under paragraph 5.4,OWNER,at OWNER's. 5.8. All the policies of insurance (and the certificates or
option, may purchase and maintain at OWNER's expense other evidence thereof) required to be purchased and main-
OWNER's own liability insurance as will protect OWNER tained by OWNER in accordance with paragraphs 5.6 and 5.7
against claims which may arise from operations under the will contain a provision or endorsement that the coverage
Contract Documents. afforded will not be cancelled or materially changed or renewal
refused until at least thirty days' prior written notice has been
Property Insurance: given to OWNER and CONTRACTOR and to each other
additional insured to whom a certificate of insurance has been
5.6. Unless otherwise provided in the Supplementary Con- issued and will contain waiver provisions in accordance with
ditions,OWNER shall purchase and maintain property insur- paragraph 5.11.
21

5.9. OWNER shall not be-responsible for purchasing and 5.11.2.2. loss or damage to the completed Project or
maintaining any property insurance to protect the interests of part thereof caused by,arising out of or resulting from fire
CONTRACTOR, Subcontractors or others in the Work to the or other insured peril covered by any property insurance
maintained on the completed Project or part thereof by
extent of any deductible amounts that are identified•in the OWNER during partial utilization pursuant to paragraph
Supplementary Conditions. The risk of loss within such iden- 14.10,after substantial completion pursuant to paragraph
tified deductible amount, will be borne by CONTRACTOR, 14.8 or after final payment pursuant to paragraph 14.13.
Subcontractor or others suffering any such loss and if any of
them wishes property insurance coverage within the limits of Any insurance policy maintained by OWNER covering any
such amounts, each may purchase and maintain it at the loss,damage or consequential loss referred to in this paragraph
purchaser's own expense. 5.11.2 shall contain provisions to the effect that in the event of
payment of any such loss, damage or consequential loss the
5.10.`v If CONTRACTOR requests in writing that other insurers will have no rights of recovery against any of CON-
special insurance be included in the property insurance policies TRACTOR,Subcontractors,ENGINEER,ENGINEER's Con-
provided under paragraphs 5.6 or 5.7,OWNER shall,if possi- sultants and the officers, directors, employees and agents of
ble, include such insurance, and the cost thereof will be any of them.
charged to CONTRACTOR by appropriate Change Order or Receipt and Application of Insurance Proceeds
Written Amendment. Prior to commencement of the Work at 5 12. An insured loss under the policies of insurance
the site, OWNER shall in writing advise CONTRACTOR Y
whether or not such other insurance has been procured by required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER. 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.
5.11. Waiver of Rights: 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
policies purchased in accordance with paragraphs 5.6 and
_ replaced,the moneys so received applied on account thereof
5.7 will protect OWNER,CONTRACTOR,Subcontractors,
ENGINEER, ENGINEER's Consultants and all other per- and the Work and the cost thereof covered by an appropriate
Change Order or Written Amendment.
sons or entities identified in the Supplementary Conditions to
be listed as insureds or additional insureds in such policies 5.13. OWNER as fiduciary shall have power to adjust and
and will provide primary coverage for all losses and damages settle any loss with the insurers unless one of the parties in
caused by the perils covered thereby.All such policies shall interest shall object in writing within fifteen days after the
contain provisions to the effect that in the event of payment occurrence of loss to OWNEWs exercise of this power.If such
of any loss or damage the insurers will have no rights of objectionbe made,OWNER as fiduciary shall make settlement
recovery against any of the insureds or additional insureds with the insurers in accordance with such agreement as the
thereunder. OWNER and CONTRACTOR waive all rights parties in interest may reach.if no such agreement among the
-against each other and their respective officers, directors, parties in interest is reached,OWNER as fiduciary shall adjust
ges caused by, and settle the loss with the insurers and,if required in writing
employees and agents for all losses and dama
arising out of or resulting from any of the perils covered by - by any party in interest,OWNER as fiduciary shall give bond
such policies and any other property insurance applicable to for the proper performance of such duties.
the Work; and, in addition, waive all such rights against o Bonds and Insurance,Option to Replace:
Accelance
p
Subcontractors, ENGINEER, ENGINEER's Consultants f
and all other persons or entities identified in the Supplemen- 5.14. If either party(OWNER or CONTRACTOR)has any
tary Conditions to be listed as insureds or additional insureds objection to the coverage afforded by or other provisions of the
under such policies for losses and damages so caused.None Bonds or insurance required to be purchased and maintained
of the above waivers shall extend to the rights that any party by the other party in accordance with Article 5 on the basis of
making such waiver may have to the proceeds of insurance non-conformance with the Contract Documents,the objecting
held by OWNER as trustee or otherwise payable under any ply shall so notify the other party in writing within ten days
policy so issued. after receipt of the certificates (or other evidence requested)
required by paragraph 2.7.OWNER and CONTRACTOR shall
5.11.2. In addition, OWNER waives all rights against each provide to the other such additional information in respect
CONTRACTOR, Subcontractors, ENGINEER, ENGI- of insurance provided as the other may reasonably request.if
NEER's Consultants and the officers,directors,employees either party does not purchase or maintain all of the Bonds and
and agents of any of them,for: insurance required of such party by the Contract Documents,
such party shall notify the other party in writing of such failure
5.11.2.1. loss due to business interruption,loss of use to purchase prior to the start of the Work,or of such failure to
or other consequential loss extending beyond direct phys- maintain prior to any change in the required coverage.Without .
the other art may
ical loss or damage to OWNER's property or the Work prejudice to any other right or remedy, party Y
caused by, arising out of or resulting from fire or other elect to obtain equivalent Bonds or insurance to protect such.
peril,whether or not-insured by OWNER;and other party's interests at the expense of the party who was
22

CONTRAR
perfor-
required to provide such coverage, and a Change Order shall mane of Work on l Saturday, y or any legal not permit
ame work or ehol day
be issued to adjust the Contract Price accordingly. mane
without OWNER's written consent given after prior written
notice to ENGINEER.
Partial Utilization—Property Insurance: 6.4. Unless otherwise. specified in the General Require-
.
5.15. If OWNER finds it necessary to occupy or use a ments, CONTRACTOR shall furnish and assume full respon-
portion or portions of the Work prior to Substantial Completion sibility for all materials,equipment,labor,transportation,
con
fuel,
of all the Work,such use or occupancy may be accomplished in struction equipment and machinery, tools, appliances,
accordance with paragraph 14.10;provided that no such use or power,light,heat,telephone,water, sanitary facilities,tempo-
occupancy shall commence before the insurers providing the rary facilities and all otth�anclittestinges and
incidentals
and cessar-
property insurance have acknowledged notice thereof and in for the furnishing, pe o
writing effected any changes in coverage necessitated thereby. tion of the Work.
The insurers providing the property insurance shall consent by
endorsement on the policy or policies,but the property insur- 6.5. All materials and equipment shall be of good quality
ance shall not be cancelled or permitted to lapse on account of and new,except as otherwise provided in the Contract Docu-
any such partial use or occupancy. 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
ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES
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.
Supervision and Superintendence:
6.1. CONTRACTOR shall supervise,inspect and direct the progress Schedule:
Work competently and efficiently, devoting such attention
thereto and applying such skills and expertise as may be 5 ti. CONTRACTOR shall adhere to the progress schedule
necessary to perform the Work in accordance with the Con- established in accordance with paragraph 2.9 as it may be
tract Documents. CONTRACTOR shall be solely responsible adjusted from time to time as provided below:
for the means,methods,techniques,sequences and procedures J
of construction,but CONTRACTOR shall not be responsible
for the negligence of others in the design or specification of a 6.6.1:
method,technique, CONTRACTOR shall submit to ENGINEER for
sequence or procedure of acceptance (to the extent indicated in paragraph 2.9) pro
specific means, -
construction which is shown or indicated in and expressly posed adjustments in the progress schedule that will not
required by.the Contract Documents.CONTRACTOR shall be change the Contract Times (or Milestones). Such adjust-
responsible:to see that the completed Work complies accu- ments will conform generally to the progress schedule then
rately with the Contract Documents. in effect and additionally will comply with any prov
the General Requirements applicable thereto.
6.2. CONTRACTOR shall keep on the Work at all times
during its progress a competent resident superintendent,who 6.6.2. Proposed adjustments in the';progress schedule
shall not be replaced without written notice to OWNER and that will change the Contract Times(or Milestones)shall be
submitted in accordance with the requirements of paragraph
ENGINEER except under extraordinary circumstances.-The
superintendent will be CONTRACTOR's representative at the 12.1. Such adjustments may only be made by a Change
site and shall have authority to act on behalf of CONTRAC- Order or Written Amendment in accordance with Article 12.
TOR. All communications to the superintendent shall be as
binding as if given to CONTRACTOR.
6.7. Substitutes and"Or-Equal"Items:
Labor,Materials and Equipment: 6.7.1. Whenever an item of material or equipment is
specified or described in the Contract Documents by using
6.3. CONTRACTOR shall provide competent,suitably qual- the name of a proprietary item or the name of a particular
ified personnel to survey, lay out and construct the Work as Supplier, the specification or description is intended to
required by the Contract Documents.CONTRACTOR shall at establish the type,function and quality required. Unless the
all times maintain good*discipline and order at the site.Except specification or description contains or is followed by words
as otherwise required for the safety or protection of persons or reading that no like, equivalent or "or-equal" item or no
te or adjacent thereto,and except substitution is permitted, other items of material or equip
the Work or property at the si -
indicated in the Contract Documents,all Work at ment or material or equipment of other Suppliers may be
as otherwise
the site shall be per during regular working hours and accepted by ENGINEER under the following circumstances:
23

6.7.1.1. "Or-Equal": If in ENGINEER's sole discre- construction is shown or indicated in and expressly required by
tion an item of material or equipment proposed by CON- the Contract Documents, CONTRACTOR may furnish or -
TRACTOR is functionally equal to that named and suffi- utilize a substitute means, method, technique, sequence or
ciently similar so that no change in related Work will be procedure of construction acceptable to ENGINEER. CON-
required, it may be considered by ENGINEER as an TRACTOR shall submit sufficient in to allow ENGI-
"or-equal"item,in which case review and approval of the NEER,in ENGINEER's sole discretion,to determine that the
proposed item may, in ENGINEER's sole discretion, be substitute proposed is equivalent to that expressly called for by
accomplished without compliance with some or all of the the Contract Documents.The procedure for review by ENGI-
requirements for acceptance of proposed substitute items. NEER will be similar to that provided in subparagraph 6.7.1.2.
6.7.1.2. Substitute Items. If in ENGINEER's sole 6.7.3. Engineer's Evaluation:ENGINEER will be allowed
discretion an item of material or equipment proposed by a reasonable time within which to evaluate each proposal or
CONTRACTOR does not qualify as an "or-equal" item submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2.
under subparagraph 6.7.1.1, it will be considered a pro- ENGINEER will be the sole judge of acceptability. No "or-
posed substitute item. CONTRACTOR shall submit suffi- equal" or substitute will be ordered, installed or utilized
cient information as provided below to allow ENGINEER without ENGINEER's prior written acceptance which will be
to determine that the item of material or equipment evidenced by either a Change Order or an approved Shop
proposed is essentially equivalent to that named and an Drawing.OWNER may require CONTRACTOR to furnish at
acceptable substitute therefor. The procedure for review CONTRACTOR's expense a special performance guarantee or
by the ENGINEER will include the following as supple- other surety with respect to any "or-equal" or substitute.
mented in the General Requirements and as ENGINEER ENGINEER will record time required by ENGINEER and
may decide is appropriate under the circumstances. Re- ENGINEER's Consultants in evaluating substitutes proposed
quests for review of proposed substitute items of material orsubmitted by CONTRACTOR pursuant to paragraphs 6.7.1.2
or equipment will not be accepted by ENGINEER from and 6.7.2 and in making changes in the Contract Documents(or
anyone other than CONTRACTOR. If CONTRACTOR in the provisions of any other direct contract with OWNER for
wishes to furnish or use a substitute item of material or work on the Project) occasioned thereby. Whether or not
equipment,CONTRACTOR shall first make written appli- ENGINEER accepts a substitute item so proposed or submit-
cation to ENGINEER for acceptance thereof, certifying ted by CONTRACTOR, CONTRACTOR shalt reimburse
that the proposed substitute will perform adequately the OWNER for the charges of ENGINEER and ENGINEER's
functions and achieve the results called for by the general Consultants for evaluating each such proposed substitute item.
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 Concerning Subcontractors,Suppliers and Others:
acceptance of the proposed substitute will prejudice CON-
TRACTOR's achievement of Substantial Completion on 6.8.1. CONTRACTOR shall not employ any Subcon-
time,whether or not acceptance of the substitute for use in tractor, Supplier or other person or organization (including
the Work will require a change in any of the Contract those acceptable to OWNER and ENGINEER as indicated
..'Documents (or in the provisions .of any other direct in paragraph 6.8.2), whether initially or as a substitute,
contract with OWNER for work on the Project)to adapt against whom OWNER.or ENGINEER may have reason-
the design to the proposed substitute and whether of'not able objection. CONTRACTOR shall not be required to
incorporation or use of the substitute in connection with employ any Subcontractor, Supplier or other person or
the Work is subject to payment of any license fee or organization to fumish or perform any of the Work against
royalty.All variations of the proposed substitute from that whom CONTRACTOR has reasonable objection.
specified will be identified in the application and available �.
maintenance, repair and replacement service will be indi- 6.8.2. If the Supplementary Conditions require the iden-
cated.The application will also contain an itemized esti- tity of certain Subcontractors,Suppliers or other persons or
mate of all costs or credits that will result directly or organizations(including those who are to furnish the princi-
indirectly from acceptance of such substitute, including pal items of materials or equipment) to be submitted to
costs of redesign and claims of other contractors affected OWNER in advance of the specified date prior to the
by the resulting change,all of which will be considered by Effective Date of the Agreement for acceptance by OWNER
ENGINEER in evaluating the proposed substitute. EN- and ENGINEER, and if CONTRACTOR has submitted a
r GINEER may require CONTRACTOR to furnish addi- list thereof in accordance with the Supplementary Condi-
tional data about the proposed substitute. dons, OWNER's or ENGINEER's acceptance (either in
writing or by failing to make written objection thereto by the
6.7.1.3. CONTRACTOR's Erpense: All data to be date indicated for acceptance.or objection in the bidding
provided by CONTRACTOR in support of any proposed documents or the Contract Documents)of any such Subcon-
"or-equal"or substitute item will be at CONTRACTOR's tractor,Supplier or other person or organization so identified
expense. may be revoked on the basis of reasonable objection after
due investigation, in which case.CONTRACTOR shall sub-
6.7.2. Substitute Construction ftfelhods or Procedures:l f a mit an acceptable substitute, the Contract Price will be
specific means, method, technique, sequence or procedure.of adjusted by the difference in the cost occasioned by such
24

substitution and an appropriate Change Order will be issued of the Work or the incorporation in the Work of any invention,
or Written Amendment signed. No acceptance by OWNER design, process, product or device which is the subject of
or ENGINEER of any such Subcontractor.Supplierorother patent rights or copyrights held by others. if a particular
person or organization shall constitute a waiver of any right invention,design,process,product or device is specified in the
of OWNER or ENGINEER to reject defective Work. Contract Documents for use in the performance of the Work
and if to the actual knowledge of OWNER or ENGINEER its
6.9.1. CONTRACTOR shall be fully responsible to use is subject to patent rights or copyrights calling for the
OWNER and ENGINEER for all acts and omissions of the . payment of any license fee or royalty to others,the existence of
Subcontractors, Suppliers and other persons and organiza- such rights shall be disclosed by OWNER in the Contract
tions performing or furnishing any of the Work under a direct Documents. To the fullest extent permitted by Laws and
or indirect contract with CONTRACTOR just as CON- Regulations, CONTRACTOR shall indemnify and hold harm-
TRACTOR is responsible for CONTRACTOR's own acts less OWNER, ENGINEER, ENGINEER's Consultants and
-and omissions. Nothing in the Contract Documents shall the officers,directors,employees,agents and other consultants
create for the benefit of any such Subcontractor,Supplier or of each and any of them from and against all claims, costs,
other person or organization any contractual relationship losses and damages arising out of or resulting from any
between OWNER or ENGINEER and any such Subcon- infringement of patent rights or copyrights incident to the use in
tractor,Supplier or other person or organization,nor shall it the performance of the Work or resulting from the incorpora-
create any obligation on the part of OWNER or ENG1- tion in the Work of any invention,design, process,product or
NEER to pay or to see to the payment of any moneys due device not specified in the Contract Documents.
any such Subcontractor,Supplier or other person or organi-
zation except as may otherwise be required by Laws and
Regulations. Permits:
6.9.2. CONTRACTOR shall be solely responsible for 6.13. Unless otherwise provided in the Supplementary
scheduling and coordinating the Work of Subcontractors, Conditions,CONTRACTOR shall obtain and pay for all con-
Suppliers and other persons and organizations performing or struction permits and licenses. OWNER shall assist CON-
furnishing any of the Work under a direct or indirect contract TRACTOR, when necessary, in obtaining such permits,and
with CONTRACTOR.CONTRACTOR shall require all Sub- licenses. CONTRACTOR shall pay all governmental charges
contractors,Suppliers and such other persons and organizes- and inspection fees necessary for the prosecution of the Work,
tions performing or furnishing any of the Work to communi- which are applicable at the time of opening of Bids,or,if there
cate with the ENGINEER through CONTRACTOR. are no Bids, on the Effective Date of the Agreement. CON-
TRACTOR shall pay all charges of utility owners for connec-
6.10. The divisions and sections of the Specifications and tions to the Work,and OWNER shall pay all charges of such
the identifications of any Drawings shall not control CON- utility owners for capital costs related thereto such as plant
TRACTOR in dividing the Work among Subcontractors or investment fees.
Suppliers or delineating the Work to be performed by any
specific trade.
6.11. All Work performed for CONTRACTOR by a Sub-
Lar'vs'and Regulations:
contractor or Supplier will be pursuant to an appropriate 6.14.1. CONTRACTOR shall give all notices and comply
agreement between CONTRACTOR and the Subcontractor or with all Laws and Regulations applicable to furnishing and
Supplier which specifically binds the Subcontractor or Supplier performance of the Work.Except where otherwise expressly
to the applicable terms and conditions of the Contract Docu- required by applicable Laws and Regulations,neither OWNER
ments for the benefit of OWNER and ENGINEER.Whenever ' nor ENGINEER shall be responsible for monitoring CON-
any such agreement is with a Subcontractor or Supplier who is TRACTOR's compliance with any Laws or Regulations.
listed as an additional insured on the property insurance
provided in paragraph 5.6 or 53, the agreement between the 6.14.2. If CONTRACTOR performs any Work knowing
CONTRACTOR and the Subcontractor or Supplier will con- or having reason to know that it is contrary to Laws or
tain provisions whereby the Subcontractor or Supplier waives Regulations, CONTRACTOR shall bear all claims, costs,
all rights against OWNER, CONTRACTOR, ENGINEER, losses and damages caused by, arising out of or resulting
ENGINEER's Consultants and all other additional insureds for therefrom; however, it shall not be CONTRACTOR's pri-
all losses and damages caused by, arising out of or resulting mary responsibility to make certain that the Specifications
from any of the perils covered by such policies and any other and Drawings are in accordance with Laws and Regulations,
property insurance applicable to the Work. If the insurers on but this shall not relieve CONTRACTOR of CONTRAC-
any such policies require separate waiver forms to be signed by TOR's obligations under paragraph 3.3.2.
any Subcontractor or Supplier,CONTRACTOR will obtain the
same.
Taxes:
Talent Fees and Royalties: 6.15. CONTRACTOR shall pay all sales,consumer,use
6.12. CONTRACTOR shall pay all license fees and royal- and other similar taxes required to be paid by CONTRACTOR
ties and assume all costs incident to the use in the performance in accordance with the Laws and Regulations of the place of
-25

the Project which are applicable during the performance of the the Work, these record documents, Samples and Shop Draw-
Work. ings will be delivered to ENGINEER for OWNER. -_
Use of Premises: Safety and Protection:
6.16. CONTRACTOR shall confine construction equip- 6.20. CONTRACTOR shall be responsible for initiating,
ment, the storage of materials and equipment and the opera- maintaining and supervising all safety precautions and pro-
tions of workers to the site and land and areas identified in and grams in connection with the Work.CONTRACTOR shall take
permitted by the Contract Documents and other land and areas all necessary precautions for the safety of, and shall provide
permitted by Laws and Regulations,rights-of-way,permits and the necessary protection to prevent damage, injury or loss to:
easements,and shall not unreasonably encumber the premises
with construction equipment or other materials or equipment. 6.20.1. all persons on the Work site or who may be
CONTRACTOR shall assume full responsibility for any dam- affected by the Work;
age to any such land or area, or to the owner or occupant
thereof or of any adjacent land or areas, resulting from the. 6.20.2. all the Work and materials and equipment to be
performance of the Work. Should any claim be made by any incorporated therein, whether in storage on or off the site;
such owner or occupant because of the performance of the and
Work, CONTRACTOR shall promptly settle with such other
party by negotiation or otherwise resolve the claim by arbitra- 6.20.3. other.property at the site or adjacent thereto,
tion'or other dispute resolution proceeding or at law. CON- including trees,shrubs,lawns,walks,pavements,roadways,
TRACTOR shall, to the fullest extent permitted by Laws and structures, utilities and Underground Facilities not desig-
Regulations, indemnify and hold harmless OWNER, ENGI- nated for removal,relocation or replacement in the course of
NEER, ENGINEER's Consultant and anyone directly or construction.
indirectly employed by any of them from and against all claims,
costs,losses and damages arising out of or resulting from any CONTRACTOR shall comply with all applicable Laws and
claim or action,legal or equitable,brought by any such owner Regulations of any public body having jurisdiction for safety of
or occupant against OWNER,ENGINEER or any other party persons or property or to protect them from damage,injury or
indemnified hereunder to the extent caused by or based upon loss;and shall erect and maintain all necessary safeguards for
CONTRACTOR's performance of the Work. such safety and protection.CONTRACTOR shall notify own-
ers of adjacent property and of Underground Facilities and
6.17. During the progress of the Work, CONTRACTOR utility owners when prosecution of the Work may affect them,
shall keep the premises free from accumulations of waste and shall cooperate with them in the protection, removal,
materials,rubbish and other debris resulting from the Work.At relocation and replacement of their property. All damage,
the completion of the Work CONTRACTOR shall remove all injury or loss to any property referred to in paragraph 6.20.2 or
waste materials, rubbish and debris from and about the pre- 6.20.3 caused, directly or indirectly, in whole or in part, by
mises as well as all tools, appliances,construction equipment CONTRACTOR, any Subcontractor, Supplier or any other
and'machinery and surplus materials. CONTRACTOR sha11 person or organization directly or indirectly employed by any
leave the site clean and ready for occupancy by OWNER at of them to perform or furnish any of the Work or anyone for
Substantial Completion of the Work. CONTRACTOR shall whose acts any of them may be liable, shall be remedied by
restore to original condition all property not designated for CONTRACTOR (except damage or loss attributable to the
alteration by the Contract Documents. fault of Drawings or Specifications or to the acts or omissions
of OWNER or ENGINEER or ENGINEER's Consultant or
6.18. CONTRACTOR shall not load nor permit any part of anyone employed by any of them or anyone for whose acts any
any structure to be loaded in any manner that will endanger the of them may be liable, and not attributable, directly or indi-
structure, nor shall CONTRACTOR subject any part of the rectly, in whole or in part, to the fault or negligence of
Work or adjacent property to stresses or pressures that will CONTRACTOR or any Subcontractor, Supplier or other per-
endanger it. 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
Record Documents: all the Work is completed and ENGINEER has issued a notice
to OWNER and CONTRACTOR in accordance with para-
6.19. CONTRACTOR shall maintain in a safe place at the graph 14.13 that the Work is acceptable (except as otherwise
site one record copy of all Drawings,Specifications,Addenda, expressly provided in connection with Substantial Comple- .
Written Amendments, Change Orders, Work Change Direc- tion).
tives, Field Orders and written interpretations and clarifica-
tions (issued pursuant to paragraph 9.4) in good order and Sae Representative:
annotated to show all changes made during construction. Safety P
These record documents together with all approved Samples
and a counterpart of all 'approved Shop Drawings will be 6.21. CONTRACTOR shall designate a qualified and expe-
available to ENGINEER for reference. Upon completion of rienced safety representative at the site whose duties and
26

responsibilities shall be the prevention of accidents and the 6.25.1.1. all field measurements, quantities, dimen-
maintaining and supervising of safety precautions and pro- sions,specified performance criteria, installation require
ments,materials,catalog numbers and similar information
grams.
with respect thereto,
Hazard Communication Programs: 6.25.1.2. all materials with respect to intended use,
fabrication, shipping, handling, storage, assembly and
6.22. CONTRACTOR shall be responsible for coordinating installation pertaining to the performance of the Work,and
any exchange of material safety data sheets or other hazard
communication information required to be made available to or 6.25.1.3. all information relative ea CONTR s, tech-
exchanged s
exchanged between or among employers at the site in accor- sole responsibilities in respect of means, methods, tec
dance with:Laws or Regulations. niques, sequences and procedures of construction and
safety precautions and programs incident thereto.
Emergencies: CONTRACTOR shall also have reviewed and coordinated
each Shop Drawing or Sample with other Shop Drawings
6.23. In emergencies affecting the safety or protection of and Samples and with the requirements of the Work and the
per or the Work or property at the site or adjacent Contract.Documents.
thereto,CONTRACTOR,without special instruction or au-
thorization from OWNER or ENGINEER, is obligated to 6.25.2. Each submittal will bear a stamp or specific
act to prevent threatened damage, injury or loss. CON- written indication that CONTRACTOR has satisfied CON-
TRACTOR shall give ENGINEER prompt written notice if TR.ACTOR's obligations under the Contact Documents with
CONTRACTOR believes that any significant changes in the respect to CONTRACTOR'S review and approval of that
Work or variations from the Contract Documents have been submittal.
caused thereby. If ENGINEER determines that a change in
the Contract Documents is required because of the action . 6.25.3. At the time of each submission,CONTRACTOR
taken by CONTRACTOR in response to such an emergency, shall give ENGINEER specific written notice of such vari-
a Work Change Directive or Change Order will be issued to ations, if any, that the Shop Drawing or.Sample submitted
document the consequences of such action. 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
6.24.Shop Drawings and Samples: to be made on each Shop Drawing and Sample submitted to
ENGINEER for review and approval of each such variation.
6.24.1. CONTRACTOR shall submit Shop Drawings to
ENGINEER for review and approval in accordance with the 6.26. ENGINEER will review and approve Shop Drawings
accepted schedule of Shop Drawings and Sample submittals and Samples in accordance with the schedule of Shop Draw-
:;_ (see paragraph 2.9). All submittals will be identified as ings•and Sample submittals accepted by ENGINEER as re-
ENGINEER may require and in the number of copies gaited by paragraph 2.9. ENGINEER's review and approval
specified in the General Requirements.The data shown on -will be only to determine if the items covered by the submittals
the Shop Drawings will be complete with respect to quanti- will,after installation or incorporation in the Work,conform to
ties,dimensions, specified performance and design criteria, the information given in the Contract Documents and be
? materials and similar data to show ENGINEER the materi- compatible with the design concept of the completed Project as
als and equipment CONTRACTOR proposes to provide and
a functioning whole as indicated by the Contract Documents.
to enable ENGINEER to review the information for the
ENGINEER's review and approval will not extend to means,
limited purposes required by paragraph 6.26. methods,techniques,sequences or procedures of construction
6.24.2. CONTRACTOR shall also submit Samples to (except where a particular means, method, technique, se-
quence or procedure of construction is specifically and ex-
ENGINEER for review and approval in accordance with
ample sub- pressly called for by the Contract Documents) or to safety
said accepted schedule of Shop Drawings and S
mittals.Each Sample will be identified clearly as to material, precautions or programs incident thereto. The review and
approval of a separate item as such will not indicate approval of
Supplier,pertinent data such as catalog numbers and the use
" for which intended and otherwise as ENGINEER may the assembly in which the item functions. CONTRACTOR
require to enable ENGINEER to review the submittal for shall make corrections required by ENGINEER, and shall
return the required number of corrected copies of Shop Draw-
the limited purposes required by paragraph 6.26.The num-
bers of each Sample to be submitted will be as specified in ings and submit as required new Samples for review and
approval. CONTRACTOR shall direct specific attention in
the Specifications. writing to revisions other.than the corrections called for by
ENGINEER on previous submittals.
6.25. Submittal Procedures:
6.27. ENGINEER's review and approval of Shop Draw-
6.25.1. Before submitting each Shop Drawing or Sam-' ings or Samples shall not relieve CONTRACTOR from respon-
and verified: . . sibility for any variation from the requirements of the Contract
pie,CONTRACTOR shall have determined
27

Documents unless CO
NTRACTOR has in writing called EN- 6.30.2.5. any acceptance by OWNER or any failure to
GINEER's attention to each such variation at the time of do so; '
submission as required by paragraph 6.25.3 and ENGINEER
has given written approval of each such variation by specific 6.30.2.6. any review and approval of a Shop Drawing
written notation thereof incorporated in or accompanying the or Sample submittal or the issuance of a notice of accept-
Shop Drawing or Sample approval; nor will any approval by ability'by ENGINEER pursuant to paragraph 14.13;
' ENGINEER relieve CONTRACTOR from responsibility for
complying with the requirements of paragraph 6.25.1. 6.30.2.7. any inspection,test or approval by others;or
<. 6.28. Where a Shop Drawing or Sample is required by the
6.30.2.8. any correction of defective Work by OWNER.
Contract Documents or the schedule of Shop Drawings and
Sample submissions accepted by ENGINEER as required by Indemnification:
J paragraph 2.9, any related Work performed prior to ENGI-
NEER's review and approval of the pertinent submittal will be 6.31. To the fullest extent permitted by Laws and Regula-
at the sole expense and responsibility of CONTRACTOR. tions, CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER, ENGINEER's Consultants and the
I officers,directors,employees,agents and other consultants of
Continuing the Work: each and any of them from and against all claims,costs,losses
and damages(including but not limited to all fees and charges
6.29. CONTRACTOR shall carry on the Work and adhere of engineers,architects,attorneys and other professionals and
to the progress schedule during all disputes or disagreements all court or arbitration or other dispute resolution costs)caused
with OWNER.No Work shall be delayed or postponed pend- by, arising out of or resulting from the performance of the
ing resolution of any disputes or disagreements, except as Work,provided that any such claim,cost,loss or damage:(i)is
permitted by paragraph 15.5 or as OWNER and CONTRAC- attributable to bodily injury, sickness, disease or death, or to
TOR may otherwise agree in writing. injury to or destruction of tangible property (other than the
Work itself),including the loss of use resulting therefrom,and
(ii) is caused in whole or in part by any negligent act or
6.30. CONTRACTOR's General Warranty and Guarantee: omission of CONTRACTOR,any Subcontractor,any Supplier,
any person or organization directly or indirectly employed by
6.30.1. CONTRACTOR warrants and guarantees to any of them to perform or furnish any of the Work or anyone
' OWNER,ENGINEER and ENGINEER'S Consultants that for whose acts any of them may be liable,regardless of whether
all Work will be in accordance with the Contract Documents or not caused in part by any negligence or omission of a person
and will not be defective. CONTRACTOR's warranty and or entity indemnified hereunder or whether liability is imposed
1 guarantee hereunder excludes defects or damage caused by: upon such indemnified party by Laws and Regulations regard-
less of the negligence of any such person or entity.
6.30.1.1. abuse,modification or improper maintenance 6.32.' In any and all claims against OWNER or ENGI-
or operation by persons other than CONTRACTOR,Sub-- NEER or any of their respective consultants,agents;officers,
contractdrs or Suppliers;or directors or employees by any employee (or the survivor or
6.30.1.2. normal wear and tear under normal usage. 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
6.30.2. CONTRACTOR's obligation to perform and com- furnish any of the Work,or anyone for whose acts any of them
plete.the Work in accordance with the Contract Documents may be liable,the indemnification obligation under paragraph
shall be absolute. None of the following will constitute an 6.31 shall not be limited in any way by any limitation on the
acceptance of Work that is not in accordance with the amount or type of damages,compensation or benefits payable
Contract Documents or a release of CONTRACTOR's obli- by or for CONTRACTOR or any such Subcontractor,Supplier
gation to perform the Work in accordance with the Contract or other person or organization under workers' compensation
Documents: acts,disability benefit acts or other employee benefit acts.
6.30.2.1. observations by ENGINEER; 6.33. The indemnification obligations of CONTRACTOR
under paragraph 6.31 shall not extend to the liability of ENGI-
6.30.2.2. recommendation of any progress or final NEER and ENGINEER's.Consultants, officers, directors,
payment by ENGINEER; employees or agents caused by the professional negligence,
errors or omissions of any of them.
6.30.2.3. the issuance of a certificate of Substantial
Completion or any payment by OWNER to CONTRAC-
TOR under the Contract Documents; Survival of Obligations:
6.30.2.4. use or occupancy of the.Work or any part. 6.34.• All representations,indemnifications,warranties and
thereof by OWNER; guarantees made in, required by or given in accordance with
28

the Contract Documents, as well as all continuing obligations Coordination:
indicated in the Contract Documents, will survive final pay- 7.4. If OWNER contracts with others for the performance
ment,completion and acceptance of the Work and termination of other work on the Project at the site,the following will be set
or completion of the Agreement. forth in Supplementary Conditions:
7.4.1. the person, firm or corporation who will have
authority and responsibility for coordination of the activities
...ARTICLE 7—OTHER WORK 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
Related Work at Site: 7.4.3. the extent of such authority and responsibilities
7.1. OWNER may perform other work related to the
will be provided.
Project at the site by OWNER's own forces, or let other Unless.otherwise provided in the Supplementary Condi-
direct contracts therefor which shall contain General Condi- tions,OWNER shall have.sole authority and responsibility in
tions similar to these, or have other work performed by respect of such coordination.
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 ARTICLE 8—OWNER'S RESPONSIBILITIES
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 8.1. Except as otherwise provided in these General Condi-
will involve additional expense to CONTRACTOR or re- . tions,OWNER shall issue all communications to CONTRAC-
quh,,*additional time and the parties are unable to agree as TOR through ENGINEER.
to the amount or extent thereof.
8.2. In case of termination of the employment of ENGI-
7.2. CONTRACTOR shall afford each other contractor NEER, OWNER shall appoint an engineer against whom
who is'a party to such a direct contract and each utility CONTRACTOR makes no reasonable objection,whose status
rming the addi- under the Contract Documents shall be that of the former
owner (and OWNER, if OWNER is perfo
tional work with OWNER's employees)"proper and safe ENGINEER.
access to the site and a reasonable opportunity for the
introduction and storage of materials and equipment and the 8.3� OWNER shall furnish the data required of OWNER
execution of such other work and shall properly connect and under the Contract Documents promptly and shall make pay-
=.:coordinate the Work with theirs. Unless otherwise provided ments to CONTRACTOR promptly when they are due as
in the Contract Documents, CONTRACTOR shall do all . provided in paragraphs 14.4 and 14.13.
cutting,fitting and patching of the Work that may be required .8.4. OWNER's duties in respect of providing lands and
to make its several parts come together properly and inte- easements and providing engineering surveys to establish ref-
grate with-such other work. CONTRACTOR shall not en- erence points are set forth in paragraphs 4.1 and 4.4.Paragraph
danger any work of others by cutting, excavating or other- 4 2 refers to OWNER's identifying and making available to
wise altering their work and will only cut or alter their work CONTRACTOR copies of reports of explorations and tests of
with the written consent of ENGINEER and the others subsurface conditions at the site and drawings of physical
whose work will be affected.The duties and responsibilities
of CONTRACTOR under this paragraph are for the benefit of conditions in existing structures at or contiguous to the site that
such utility owners and other contractors to the extent that have been utilized by ENGINEER in preparing the Contract
there are comparable provisions for the benefit of CON- Documents.
TRACTOR in said direct contracts between OWNER and 8.5. OWNER's responsibilities in respect of purchasing
such utility owners and other contractors. and maintaining liability and property insurance are set forth in
paragraphs 5.5 through 5.10.
7.3. If the proper execution or results of any part of -
CONTRACTOR's Work depends upon work performed by 8.6. OWNER is obligated to execute Change Orders as
others under this Article 7,CONTRACTOR shall inspect such indicated in paragraph 10.4.
other work and promptly report to ENGINEER in writing any
delays,defects or deficiencies in such other work that render it. 8.7. OWNER's responsibility in respect of certain inspec-
unavailable or unsuitable for the proper execution and results tions,tests and approvals is set forth in paragraph 13.4.
of CONTRACTOR's Work. CONTRACTOR's failure so to
o stop*Work or
report will constitute an acceptance of such other work as fit 8.8. In connection with OW3E0 and 15.1R"s right t
suspend Work,see paragraphs Paragraph 15.2
and proper for integration with CONTRACTOR's Work except
for latent or nonapparent defects and deficiencies in such other deals with OWNER's right to terminate services of CON-
work. TRACTOR under certain circumstances. .
29

8.9. The OWNER shall not supervise, direct or have observations of CONTRACTOR's Work ENGINEER will not
control or authority over, nor be responsible for, CONTRAC- supervise,direct,control or have authority over or be respon-
•TOR's means, methods, techniques, sequences or procedures sible for CONTRACTOR's means, methods, techniques, se-
of construction or the safety precautions and programs incident quences or procedures of construction, or the safety precau-
thereto, or for any failure of CONTRACTOR to comply with tions and programs incident thereto, or for any failure of
Laws and Regulations applicable to the furnishing or perfor- CONTRACTOR to comply with Laws and Regulations appli-
mance of the Work. OWNER will not be responsible for cable to the furnishing or performance of the Work.
CONTRACTOR's failure to perform or furnish the Work in
accordance with the Contract Documents.
• Project Representative:
S.10. OWNER'S responsibility in respect of undisclosed 9.3. If OWNER and ENGINEER agree,ENGINEER will
Asbestos,"PCBs,Petroleum, Hazardous Waste or Radioactive furnish a Resident Project Representative to assist ENGI-
Materials uncovered or revealed at the site is set forth in NEER in providing more continuous observation of the Work.
paragraph 4.5. The responsibilities and authority and limitations thereon of
any such Resident Project Representative and assistants will be
8.11. If and to the extent OWNER has agreed to furnish as provided in paragraph 9.13 and in the Supplementary
CONTRACTOR reasonable evidence that financial arrange- Conditions. If OWNER designates another representative or
ments have been made.to satisfy OWNER's obligations under agent to represent OWNER at the site who is not ENGI-
the Contract Documents, OWNER's responsibility in respect. NEER's Consultant, agent or employee, the responsibilities
thereof will be as set forth in the Supplementary Conditions. and authority and limitations thereon of such othAr person will
be as provided in the Supplementary Conditions.
ARTICLE 9-ENGINEER'S STATUS DURING Clarifications and Interpretations:
CONSTRUCTION
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 and reasonably inferable
9.1. ENGINEER will be OWNER's representative during
from Contract Documents. Such written clarifications and
the construction period.The duties and responsibilities and the
limitations of authority of ENGINEER as OWNER's repre- interpretations will be binding on OWNER and CONTRAC-
sentative•during construction are set forth in the Contract TOR. If OWNER or CONTRACTOR believes that a written
Documents and shall not be extended without written consent clarification or interpretation justifies an adjustment in the
Contract Price or the Contract Times and the parties are unable
of OWNER and ENGINEER. to agree to the amount or extent thereof, if any, OWNER or
CONTRACTOR may make a written claim therefor as pro-
vided in Article I I or Article 12.
Visits to Site:
9.2. ENGINEER will make visits to the site at intervals Authorized Variations in Work:
appropriate to the various stages of construction as ENGI-
NEER deems necessary in order to observe as an experienced 9.5. ENGINEER may authorize minor variations in the
and qualified design professional the progress that has been Work from the requirements of the Contract Documents which
made*and the quality of the various aspects of CONTRAC- do not involve an adjustment in the Contract Price or the
TOR's executed Work. Based on information obtained during Contract Times and are compatible with the design concept of
such visits and observations, ENGINEER will endeavor for the completed Project as a functioning whole as indicated by
the benefit of OWNER to determine,in general,if the Work is the Contract Documents. These may be accomplished by a
proceeding in accordance with the Contract Documents. EN- Field Order and will be binding on OWNER and also on
GINEER will not be required to make exhaustive or continu- CONTRACTORwho shall perform the Work involved promptly.
ous on-site inspections to check the quality or quantity of the If OWNER or CONTRACTOR believes that a Field Order
Work. ENGINEER's efforts will be directed toward providing justifies an adjustment in the Contract Price or the Contract
for OWNER a greater degree of confidence that the completed Times and the parties are unable to agree as to the amount or
Work will conform generally to the Contract Documents. On extent thereof, OWNER or CONTRACTOR may make a
the basis of such visits and on-site observations, ENGINEER written claim therefor as provided in Article I 1 or 12.
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 Rejecting Defective Work:
limitations on ENGINEER's authority and responsibility set
forth in paragraph 9.13,and particularly,but without limitation, 9.6. ENGINEER will have authority to disapprove or
during or as .a result of .ENGINEER's on-site visits or. reject Work which ENGINEER believes to be defective, or
30

that ENGINEER believes will not produce a completed Project to ENGINEER and the other party to the Agreement promptly
that conforms to the Contract Documents or that will prejudice (but in no event later than thirty days) after the start of the
the integrity of the design concept of the completed Project as occurrence or event giving rise thereto,and written supporting
a functioning whole as indicated by the Contract Documents. data will be submitted to ENGINEER and the othee party
ENGINEER will also have authority to require special inspec- within sixty days after the start of such occurrence or event
tion or testing of the Work as provided in paragraph 13.9, unless ENGINEER allows an additional period of time for the
whether or not the Work is fabricated,installed or completed. 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
Shop Drawings, Change Orders and Payments: thirty days after receipt of the claimant's last submittal(unless
ENGINEER allows additional time). ENGINEER will render
9.7. In connection with ENGINEER's authority as to a formal decision in writing within thirty days after receipt of
Shop Drawings and Samples,see paragraphs 6.24 through 6.28 the opposing party's submittal, if any, in accordance with this
inclusive. paragraph. ENGINEER's written decision on such claim.
dispute or other matter will be final and binding upon OWNER
9.8. In connection with ENGINEER's authority as to and CONTRACTOR unless:(i)an appeal from ENGINEER's
Change Orders, see Articles 10, 11,and 12. decision is taken within the time limits and in accordance with
the procedures set forth in EXHIBIT GC-A. "Dispute Reso-
9.9. In connection with ENGINEER's authority as to lution Agreement;'entered into between OWNER and CON-
Applications for Payment, see Article 14. 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
Determinations for Unit Prices: delivered by OWNER or CONTRACTOR to the other and to
9.10. ENGINEER will determine the actual quantities and ENGINEER within thirty days after the date of such decision
classifications of Unit Price Work performed by CONTRA& and a formal proceeding is instituted by the appealing party in
TOR. ENGINEER will review with CONTRACTOR the EN- a forum of competent jurisdiction to exercise such rights or
GINEER's preliminary determinations on such matters before remedies as the appealing party may have with respect to such
dance with applicable
rendering a written decision thereon(by recommendation of an claim, dispute or other matter in accor
Application for Payment or otherwise). ENGINEER's written Laws and Regulations within sixty days of the date of such
decision thereon will be final and binding upon OWNER and decision,unless otherwise agreed in writing by OWNER and
CONTRACTOR, unless, within ten days after the date of any CONTRACTOR.
such decision,either OWNER or CONTRACTOR delivers to
the other and to ENGINEER written notice of intention to 9.12. When functioning as interpreter and judge under
appeal from ENGINEER's decision and: (i) an appeal from paragraphs 9.10 and 9.11,ENGINEER will not show partiality
ENGINEER's decision is taken within the time limits and in to OWNER or CONTRACTOR and will not be liable in
accordance with the procedures se[ forth in Exhibit GC-A, connection with any interpretation or decision rendered in
"Dispute"Resolution Agreement, entered into between g� faith in such capacity. The rendering of a decision by
,.
OWNER and CONTRACTOR pursuant to Article 16,or(ii)if ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect
no such'Dispute Resolution Agreement has been entered into, to any such claim, dispute or other matter(except any which
a formal proceeding is instituted by the appealing party in a have been waived by the making or acceptance of final
forum of competent jurisdiction to exercise such rights or payment as provided in paragraph 14.15)_will be a condition
remedies as the appealing party may have with respect to precedent to any exercise by OWNER or.CONTRACTOR of
ENGINEER's decision,unless otherwise agreed in writing by such rights or remedies as either may otherwise have under the
OWNER and CONTRACTOR.Such appeal will not be subject Contract Documents or by Laws or Regulations in respect of
to the procedures of paragraph 9.1 I. any such claim,dispute or other matter pursuant to Article 16.
Decisions on Disputes: 9.13. Lbnitations on ENGINEER's Authority and ResponsibUl es:
.9.11. ENGINEER will be the initial interpreter of the 9.13.1. Neither ENGINEER's authority or responsibil-
requirements of the Contract Documents and judge of the it under this Article 9 or under any other provision of the
acceptability of the Work thereunder. Claims, disputes and Y
other matters relating to the acceptability of the Work or the Contract Documents nor any decision made by ENGINEER
interpretation of the requirements of the Contract Documents in good faith either to exercise or not exercise such authority
pertaining to the performance and furnishing of the Work and or responsibility or the undertaking,exercise or performance
Claims under Articles 11 and 12 in respect of changes in the of any authority or responsibility by ENGINEER shall
Contract Price or Contract Times will be referred initially to create,impose or give rise to any duty owed by ENGIN EER
ENGINEER in writing with a request for a formal decision in to CONTRACTOR, any Subcontractor, any Supplier, any
accordance with.this paragraph. Written notice of each such other person or organization, or to any surety for or em-
claim,dispute or other matter will be delivered by the claimant ployee or agent of any of them.
31

9.13.2. ENGINEER will not supervise, direct, control 10.4. OWNER and CONTRACTOR shall execute appro-
or have authority over or be responsible for CONTRAC- priate Change Orders recommended by ENGINEER(or Writ-
TOR's means, methods, techniques, sequences or proce- ten Amendments)covering:
dures-of construction, or the safety precautions and pro-
grams incident thereto,or for any failure of CONTRACTOR 10.4.1. changes in the Work which are (i) ordered by
to comply with Laws and Regulations applicable to the OWNER pursuant to paragraph 10.1,(ii)required because of
furnishing or performance of the Work.ENGINEER will not acceptance of defective Work under paragraph 13.13 or
be responsible for CONTRACTOR's failure to perform or correcting defective Work under paragraph 13.14, or (iii)
furnish the Work in accordance with the Contract Docu- agreed to by the parties;
ments.
10.4.2. changes in the Contract Price or Contract Times
19.13.3. ENGINEER will not be responsible for the acts which are agreed to by the parties;and
or omissions of CONTRACTOR or of any Subcontractor,
any Supplier,or of any other person or organization perform- 10.4.3. changes in the Contract Price or Contract Times
ing or furnishing any of the Work. which embody the substance of any written decision ren-
dered by ENGINEER pursuant to paragraph 9.11;
9.13.4. ENGINEER's review of the final Application for
Payment and accompanying documentation and all mainte- provided that,in lieu of executing any such Change Order,an
nance and'operating instructions, schedules, guarantees, appeal may be taken from any such decision in accordance
bonds and certificates of inspection,tests and approvals and with the provisions of the Contract Documents and applicable
Other documentation required to be delivered by paragraph Laws and Regulations, but during any such appeal, CON-
14.12 will only be to determine generally that their content TRACTOR shall carry on the Work and adhere to the progress
complies' with the requirements of, and in the case of schedule as provided in paragraph 6.29.
certificates of inspections, tests and approvals that the
results certified indicate compliance with,the Contract Doc- 10.5. If notice of any change affecting the general scope of
uments. . the Work or the provisions of the Contract Documents(includ-
ing, but not limited to, Contract Price or Contract Times) is
9.13.5. The limitations upon authority and responsibility required by the provisions of any Bond to be given to a surety,
set forth in this paragraph 9.13 shall also apply to ENGI- the giving of any such notice will be CONTRACTOR's respon-
NEER's Consultants, Resident Project Representative and sibility, and the amount of each .applicable Bond will be
assistants. adjusted accordingly.
ARTICLE 10—CHANGES IN THE WORK ARTICLE I I—CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the'total compensa-
10.1: .Without invalidating the Agreement and without tion (subject to authorized adjustments) payable to CON-;
notice to any surety,OWNER may,at any time or from time TRACTOR for performing the Work. All duties, responsibili-
to time, order additions,deletions or revisions in the Work. ties and obligations assigned to orundertakenby CONTRACTOR
Such additions, deletions or revisions will be authorized by shall be at CONTRACTOR's expense without change in the
a Written Amendment, a Change Order, or a Work Change Contract Price.
Directive. Upon receipt of any such document,CONTRAC-
TOR shall promptly proceed with the Work involved which 11.2. The Contract Price may only be changed by a Change
will be performed under the applicable conditions of the Order or by a Written Amendment. Any claim for an adjust-
Contract Documents (except as otherwise specifically pro- ment in the Contract Price shall be based on written notice
vided). delivered by the party making the claim to the other party and
to ENGINEER promptly (but in no event later than thirty
10.2. If OWNER and CONTRACTOR are unable to agree days)after the start of the occurrence or event giving rise to the
as to the extent, if any,of an adjustment in the Contract Price claim and stating the general nature of the claim.Notice of the
or an adjustment of the Contract Times that should be allowed amount of the claim with supporting data shall be delivered
as a result of a Work Change Directive,a'claim may be made within sixty days after the start of such occurrence or event
therefor as provided in Article 1 I or Article 12. (unless ENGINEER allows additional time for claimant to
submit additional or more accurate data in support of the claim)
10.3. CONTRACTOR shall not be entitled to an increase in and shall be accompanied by claimant's written statement that
the Contract Price or an extension of the Contract Times with the adjustment claimed covers all known amounts to which the
respect to any Work performed that is not required by the claimant is entitled as a result of said occurrence or event. All
Contract Documents as amended, modified and supplemented claims for adjustment in the Contract Price shall be determined
as provided in paragraphs 3.5 and 3.6 except in the case of an by ENGINEER in accordance with paragraph 9.11 if OWNER
emergency as provided in paragraph 6.23 or in the case of and CONTRACTOR cannot otherwise agree on the amount
uncovering Work as provided in paragraph 13.9. involved.No claim for an adjustment in the Contract Price will
32

be valid if not submitted in-accordance with this paragraph cash discounts shall accrue to OWNER.All trade discounts,
11 2. rebates and refunds and returns from sale of surplus materi-
als and equipment shall accrue to OWNER, and CON-
11.3: The value of any Work covered by a Change Order or TRACTOR shall make provisions so that they may be
of any claim for an adjustment in the Contract Price will be obtained.
determined as follows:
11.4.3. Payments made by CONTRACTOR to the Sub-
11.3.1. where the Work involved is covered by unit contractors for Work performed or furnished by Subcontrac-
prices contained in the Contract Documents,by application tors. If required by OWNER, CONTRACTOR shall obtain
of such unit prices to the quantities of the items involved competitive bids from subcontractors acceptable to OWNER
(subject to the provisions of paragraphs 11.9.1 through and CONTRACTOR and shall deliver such bids to OWNER
11.9.3;inclusive); who will then determine, with the advice of ENGINEER,
which bids, if any, will be accepted..If any subcontract
11.3.2. where the Work involved is not covered by unit provides that the Subcontractor is to be paid on the basis of
prices contained in the Contract Documents,by a mutually Cost of the Work Plus a fee,the Subcontractor's Cost of the
agreed lump sum (which may include an allowance for Work and fee shall be determined in the same manner as
overhead and profit not necessarily in accordance with -CONTRACTOR's Cost of the Work and fee as provided in
paragraph 11.6.2); paragraphs 11.4, 11.5, 11.6 and 11.7. All subcontracts shall
be subject to the other provisions of the Contract Documents
11.3.3. where the Work involved is not covered by unit insofar as applicable.
prices contained in the Contract Documents and agreement
to a lump.sum is not reached under paragraph 11.3.2,on the 11.4.4. Costs of special.consultants (including but not
basis of the Cost of the Work (determined as provided in limited to engineers,architects,testing laboratories,survey-
paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for ors,attorneys and accountants) employed for services spe-
overhead and profit.(determined as provided in paragraph cifically related to the Work.
11.4.5. Supplemental costs including the following:
Cost of the Work: 11.4.5.1. The proportion of necessary transportation,
travel and subsistence expenses of CONTRACTOR's em-
11.4. The term Cost of the Work means the sum of all costs ployees incurred in discharge of duties connected with the
necessarily incurred and paid by CONTRACTOR in the proper Work..
performance of the Work.Except as otherwise may be agreed
to in writing by OWNER, such costs shall be in amounts no . 11.4.5.2. Cost, including transportation and mainte-
higher than those prevailing in the locality of the Project,shall nance, of all materials, supplies, equipment, machinery,
include'onl.y the following items and shall not include any of the appliances,office and temporary facilities at the site and
:costs itemized in paragraph 11.5: hand tools not owned by the workers, which are con-
sumed in the performance of the Work, and cost less
11.4.1. Payroll costs for employees in the direct employ market value of such items used but not consumed which
of CONTRACTOR in the performance of the Work under remain the property of CONTRACTOR.
schedules of job classifications agreed upon by OWNER and
CONTRACTOR.Such employees shall include without lim- 11.4.5.3. - Rentals of all construction equipment and
itation superintendents, foremen and other personnel em- machinery and the parts thereof whether rented from
ployed full-time at the site. Payroll costs for employees not CONTRACTOR or others in accordance with rental agree-
employed full time on the Work shall be apportioned on the ments approved by OWNER with the advice of ENGI-
basis of their time spent on the Work. Payroll costs shall NEER, and the costs of transportation, loading, unload-
include, but not be limited to, salaries and wages plus the ing, installation, dismantling and removal thereof—all in
cost of fringe.benefits which shall include social security accordance with the terms of said rental agreements.The
contributions,unemployment,excise and payroll taxes,work- rental of any such equipment, machinery or parts shall
ers' compensation, health and retirement benefits,bonuses, cease when the use thereof is no longer necessary for the
sick leave,vacation and holiday pay applicable thereto.The Work.
expenses of performing Work after regular working hours,
on Saturday, Sunday or legal holidays, shall be included in 11.4.5.4. Sales,consumer,use or similar taxes related
the above to the'extent authorized by OWNER. to the Work, and for which CONTRACTOR is liable,
imposed by Laws and Regulations.
11.4.2. Cost of all materials and equipment furnished and
incorporated in the Work, including costs of transportation 11.4.5.5. Deposits lost for causes other than negli-
and storage thereof,and Suppliers'field services'required in gene of CONTRACTOR, any Subcontractor or anyone
connection therewith. All cash discounts shall accrue to directly or indirectly employed by any of them or for
CONTRACTOR unless OWNER deposits funds with CON- whose acts any of them may be liable, and royalty
TRACTOR with which.to make payments,in which case the payments and fees for permits and licenses.
33

11.4.5.6. Losses and damages.(and related expenses) 11.5.5. Costs due to the negligence of CONTRAC-
caused by damage to the Work, not compensated by TOR, any Subcontractor,'& anyone directly or indi-
insurance or otherwise, sustained by CONTRACTOR in rectly employed by any of them or for whose acts any
connection with the performance and furnishing of the of them may be liable,including but not limited to,the
Work (except losses and damages within the deductible correction of defective Work, disposal of materials or
amounts of property insurance established by OWNER in equipment wrongly supplied and making good any
accordance with paragraph 5.9), provided they have re- damage to property.
sulted from causes other than the negligence of CON-
TRACTOR, any Subcontractor, or anyone directly or Other overhead or general expense costs of any kind
indirectly employed by any of them or for whose acts any
_of them may be liable. Such losses shall include settle- and the costs of any item not specifically and expressly
ments made with the written consent and approval of included in paragraph 11.4.
OWNER.No such losses,damages and expenses shall be
included in the Cost of the Work for the purpose of 11.6. The CONTRACTOR's fee allowed to CONTRAC-
determining CONTRACTOR's fee. If,however,any such TOR for overhead and profit shall be determined as follows:
loss or damage requires reconstruction and CONTRAC-
TOR is placed in charge thereof,CONTRACTOR shall be 11.6.1. a mutually acceptable fixed fee; or
paid for services a fee proportionate to that stated in
paragraph 11.6.2. 11.6.2. if a fixed fee is not agreed upon, then a fee
based on the following percentages of the various
11.4.5.7. The cost of utilities, fuel and sanitary facili- portions of the Cost of the Work:
ties at the site.
11.6.2.1. for costs incurred under paragraphs 11.4.1
11.4.5.8. Minor expenses such as telegrams,long dis- and 11.4.2, the CONTRACTOR's fee shall be fifteen
tance telephone calls, telephone service at the site, ex- percent;
pressage and similar petty cash items in connection with
the Work. 11.6.2.2. for costs incurred under paragraph 11.4.3,
the CONTRACTOR's fee shall be five percent;
11.4.5.9. Cost of premiums for additional Bonds and
11.6.2.3. where one or more tiers of subcontracts are
.insurance required because of changes in the Work.
on the basis of Cost of the Work plus a fee and no fixed fee
11.5. The term Cost of the Work shall not include any of is agreed upon, the intent of paragraphs 11.4.1, 11.4.2,
the following: 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
11.5.1. Payroll costs and other compensation of CON-
•TRACTOR's officers, executives, principals(of partnership Subcontractor under paragraphs 11.4.1 and 11.4.2 and that
and sole proprietorships), general managers, engineers, ar- any higher tier Subcontractor and CONTRACTOR will
each be paid a fee of five percent of the amount paid to the
chitects'.estimators, attorneys, auditors, accountants;pug- next lower tier Subcontractor;
''chasing and contracting agents, expediters, timekeepers,
clerks and other personnel employed by CONTRACTOR . 11.6.2.4. no fee shall be payable on the basis of costs
whether at the site or in CONTRACTOR's principal or a itemized under paragraphs 11.4.4, 11.4.5 and 11.5;
branch office for general administration of the Work and not
specifically included in the agreed upon schedule of job 11.6.2.5. the amount of credit to be allowed by CON-
classifications referred to in paragraph 11.4.1 or specifically TRACTOR to OWNER for any change which results in a
covered by paragraph 11.4.4—all of which are to be consid- net decrease in cost will be the amount of the actual net
ered administrative costs covered by the CONTRACTOR's decrease in cost plus a deduction in CONTRACTOR's fee
fee. by an amount equal to five percent of such net decrease;
and
11.5.2. Expenses of CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at the site. 11.6.2.6. *when both additions and credits are involved
in any one change, the adjustment in CONTRACTOR's
11.5.3. Any part of CONTRACTOR's capital expenses, fee shall be computed on the basis of the net change in
including interest on CONTRACTOR's capital employed for accordance with paragraphs 11.6.2.1 through 11.6.2.5,
the Work and charges against CONTRACTOR for delin- inclusive.
quent payments.
11.7. Whenever the cost of any Work is to be determined
11.5.4. Cost of premiums for all Bonds and for' all pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will
insurance whether or not CONTRACTOR is required by the establish and maintain records thereof in accordance with
Contract Documents to purchase and maintain the same generally accepted accounting practices and submit in form
(except for the cost of premiums covered by subparagraph acceptable to ENGINEER an itemized cost breakdown to-
11.4.5.9 above). gether with supporting data.
34

of having incurred additional expense or OWNER be-
Cash Allowances:
lieves that OWNER is entitled to a decrease in Contract
Price and the parties are unable to agree as to the amount
11.8. .It is understood that CONTRACTOR has included in of an such increase or decrease.
the Contract Price all allowances so named in the Contract Y
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: ARTICLE 12—CHANGE OF CONTRACT TIMES
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 12.1. The Contract Times (or Milestones) may only be
site,and all applicable taxes;and changed by a Change Order or a Written Amendment. Any
claim for an adjustment of the Contract Times(or Milestones)
11.8.2. CONTRACTOR's costs for unloading and han- shall be based on written notice delivered by the party making
dling on the site, labor, installation costs, overhead, profit the claim to the other party and to ENGINEER promptly(but
and other expenses contemplated for the allowances have in no event later than thirty days) after the occurrence of the
been included in the Contract Price and not in the allowances event giving rise to the claim and stating the general nature of
and no demand for additional payment on account of any of the claim. Notice of the extent of the claim with supporting
the foregoing will be valid. data shall be delivered within sixty days after such occurrence
(unless ENGINEER allows an additional period of time to
Prior to'Ifinal payment,an appropriate Change Order will be ascertain more accurate data in support of the claim)and shall
issued as°,recommended by ENGINEER to reflect actual be accompanied by the claimant's written statement that the
amounts due CONTRACTOR on account of Work covered by adjustment claimed is the entire adjustment to which the
allowances, and the Contract Price shall be correspondingly claimant has reason to believe it is entitled as a result of the
adjusted. 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
11.9. Unit Price Work: CONTRACTOR cannot otherwise agree. No claim for an
11.9.1. Where the Contract Documents provide that all adjustment in the Contract Times(or Milestones)will be valid
or part of the Work is to be Unit Price Work, initially the if not submitted in accordance with the requirements of this
Contract Price will be deemed to include for all Unit Price paragraph 12.1.
Work_an amount equal to the sum of the established unit nit 2 All time limits stated in the Contract Documents are
price for.each separately identified item of Unit Price Work of the essence of the Agreement.
times the estimated quantity of each item a indicated in the
'Agreement.The estimated quantities of items of Unit Price
Work are not guaranteed and are solely for the purpose of 123. Where CONTRACTOR Work within
h n prevented pl
he Contract Times (or
comparison of Bids and determining an initial Contract ing any p o e
Price.Determinations of the actual quantities and classifica- Milestones) due to delay beyond the control of CONTRAC-
tions of Unit Price Work performed by CONTRACTOR will 'TOR,the Contract Times(or Milestones)will be extended in an
be made by ENGINEER in accordance with paragraph 9.10. made therefor ount equal tastprovided in paragraph 121he time lost due to such e1 claimay if a
Delays beyond
11.9.2. Each unit price will be deemed to include an the control of CONTRACTOR shall include,but not be limited
amount considered by CONTRACTOR to.be adequate to to,acts or neglect by OW NrER,acts other neglector k a contemplated owners
by
rs
or cover CONTRACTOR's overhead and profit for each sepa- Articler7,fires, floods, epidemics, abnormal weather condi-
rately identified item. tions or acts of God. Delays attributable to and within the
11.9.3. OWNER or CONTRACTOR may make a claim control of a Subcontractor or Supplier shall be deemed to be
for an adjustment in the Contract Price in accordance with delays within the control of CONTRACTOR.
Article 1 i if:
_ 12.4. Where CONTRACTOR is prevented from complet-
11.9.3.1. the quantity of any item of Unit Price Work ing any part of the Work within the Contract Times (or
performed by CONTRACTOR differs materially and sig- Milestones)due to delay beyond the control of both OWNER
nificantly from the estimated quantity of such item indi- and CONTRACTOR, an extension of the Contract Times (or
cated in the Agreement;and Milestones) in an amount equal to the time lost due to such
delay shall be CONTRACTOR's sole and exclusive remedy for
11.9.3.2. there is no corresponding adjustment with such delay.In no event shall OWNER al other person or
respect to any other item of Work;and TOR, any Subcontractor, any Supplier, ny
organization,or to any surety for or employee or agent of any
11.9.3.3. if CONTRACTOR believes that CONTRA& of them,for damages arising out of or resulting from(i)delays
TOR is entitled to an-increase in Contract Price as a result caused by or within the control of CONTRACTOR, or (ii)
35

pay all claims, costs, losses and damages attributable to
shall not give rise to any duty on the part of OWNER to
'exercise this right for the benefit of CONTRACTOR or any OWNER's evaluation of and determination to accept such
defective Work(such costs to be approved by ENGINEER as
surety or other party. to reasonableness). if any such acceptance occurs prior to
ENGINEERRIs recommendation of final payment, a Change
Order will be issued incorporating the necessary revisions in
Correction or Removal of Defective Work: theContract Documents with respect to the Work;and OWNER
hall shall be entitled to an appropriate decrease in the Contract
CONTRACTOR s
13.11. if required by ENGINEER, Price,and,if the parties•are unable to agree as to the amount
promptly,as directed,either correct all defective Work,whether thereof, OWNER may make a claim therefor as provided in
or not fabricated, installed or completed, or, if the Work has Article 11.if the acceptance occurs after such recommenda-
been rejected by ENGINEER, remove it from the site and tion,an appropriate amount will be paid by CONTRACTOR to
replace it with Work that is not defective.CONTRACTOR shall OWNER.
pay all claims,costs,losses and damages caused by or resulting
from such correction or removal(including but not limited to all OWNER May Correct Defective Work:
costs of repair or replacement of work of others).
13.14. if CONTRACTOR fails within a reasonable time
after written notice from ENGINEER to correct defective
13.12.Correction Period: Work or to remove and replace rejected Work as required by
ENGINEER in accordance with paragraph 13.11, or if CON-
13.12.1. If within one year after the date of Substantial TRACTOR fails to perform the Work in accordance with the
Completion or such longer period of time as may be pre- Contract Documents, or if CONTRACTOR fails to comply
with any other provision of the Contract Documents,OWNER
scribed by Laws or Regulations or by the terms of any may, after seven days' written notice to CONTRACTOR,
applicable special guarantee required by the Contract Doc- correct and remedy any such deficiency. In exercising the
uments or by any specific provision of the Contract Docu- rights and remedies under this paragraph OWNER shall pro-
ments,any Work is found to be defective,CONTRACTOR teed expeditiously. In connection with,such corrective and
shall promptly,without cost to OWNER and in accordance remedial action,OWNER may exclude CONTRACTOR from
with OWNER's written instructions: (i)correct such defec- all or part of the site,take possession of all or part of the Work,
tive Work,or,if it has been rejected by OWNER,remove it and suspend CONTRACTOR's services related thereto, take
from the site and replace it with Work that is not defective, possession of CONTRACTOR's tools, appliances, construc-
and..(ii) satisfactorily correct or remove and replace any tion equipment and machinery at the site and incorporate in the
damage to other Work or the work of others resulting Work all materials and equipment stored at the site or for which
therefrom. If CONTRACTOR does not promptly comply OWNER has paid CONTRACTOR but which are stored .
with the terms of such instructions, or in an emergency elsewhere.CONTRACTOR shall allow OWNER, OWNER's
where delay would cause serious risk of loss or damage, representatives,agents and employees, OWNER's other con-
OWNER may have the defective Work corrected or the tractors and ENGINEER and ENGINEER's Consultants ac-
...;,. cted Work removed and replaced,and all claims,costs, cess to the site to enable OWNER to exercise the rights and
rejlosses and damages caused by or resulting from such re- remedies under this paragraph. All claims, costs, losses and
losses
moval and replacement(including but riot limited to all costs damages incurred or sustained by OWNER in exercising such
of repair or replaceent of work of others)will be paid by rights and remedies will be charged against CONTRACTOR
m
CONTRACTOR. and a Change Order will be issued incorporating the necessary
revisions in the Contract Documents with respect to the Work;
13.12.2. In special circumstances where a particular item and OWNER shall be entitled to an appropriate decrease in the
of equipment is placed in continuous service before Substan- Contract Price,and,if the parties are unable to agree as to the
tial Completion of all the Work,the correction period for that amount thereof, OWNER may make a claim therefor as
item may start to run from an earlier date if so provided in provided in Article 11.Such claims,costs,losses and damages
the Specifications or by Written Amendment. will include but not be limited to all costs of repair or replace-
ment of work of others destroyed or damaged by correction,
t of fective
13.12.3. Where defective Work (and damage
age to other
er COovalorTplareplaceme not bOeN loweCdan'e eension of the
Work resulting therefrom) has been co .
replaced under this paragraph 13.12, the correction period Contract Times (or Milestones) because of any delay in the
hereunder with respect to such Work will be extended for an performance of the Work attributable to the exercisebyOWNER
additional period of one year after such correction or re- of OWNER's rights and remedies hereunder.
moval and replacement has been satisfactorily completed.
ARTICLE 14—PAYMENT8 TO CONTRACTOR AND
COMPLETION
Acceptance of Defective Work:
13.13. If, instead of requiring correction or removal and Schedule of Values:
replacement of defective Work,OWNER(and,prior to ENGI-
e of values bas provided in
NEER's recommendation of final payment,also ENGINEER) paragraph14.1. The schedul
2.9 will serve as the basis for progress payment and
prefers to accept it,OWNER may do so.CONTRACTOR shall
37

will be incorporated into a form of Application for Payment 14.5.1. the Work has progressed to the point indicated,
acceptable to ENGINEER. Progress payments on account of
. it Price Work will be based on the number of units com- 14.5.2. the quality of the Work is generally in accor-
Un
it : 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
Application for Progress Payment: tests called for in the Contract Documents, to a final
determination of quantities and classifications for Unit
.14.2. At least twenty days before the date established for Price Work under paragraph 9.10, and to any other quali-
each progress payment (but not more often than once a fications stated in the recommendation),and
month), CONTRACTOR shall submit to ENGINEER for 14.5.3. the conditions precedent to CONTRACTOR's
review an Application for Payment filled out and signed by being entitled to such payment appear to have been
CONTRACTOR covering the Work completed as of the date fulfilled in so far as it is ENGINEER's responsibility to
of the Application and accompanied by such supporting observe the Work.
documentation as is required by the Contract Documents. If
payment is requested on the basis of materials and equip- However, by recommending any such payment ENGINEER
ment not incorporated in the Work but delivered and suitably will not thereby be deemed to have represented that: (i)
stored at the site or at another location agreed to in writing, exhaustive or continuous on-site inspections have been made
the Application for Payment shall also be accompanied by a to check the quality or the quantity of the Work beyond the
bill of sale, invoice or other documentation warranting that responsibilities specifically assigned to ENGINEER in the
OWNER has received the materials and equipment free and Contract Documents or(ii)that there may not be other matters
clear of all Liens and evidence that the materials and or issues between the parties that might entitle CONTRAC-
equipment! are covered by appropriate property insurance TOR to be paid additionally by OWNER or entitle OWNER to
and other arrangements to protect OWNER's interest therein, withhold payment to CONTRACTOR.
all of which will be satisfactory to OWNER.The amount of
retainage with respect to progress payments will be as 14.6. -ENGINEER's recommendation of any payment,in-
stipulated in the Agreement. cluding final payment, shall not mean that ENGINEER is
responsible forCONTRACTOR's means,methods,techniques,
sequences or procedures of construction,or the safety precau-
CONTRACT'OR's Warranty of Title: tions and programs incident thereto, or for any failure of
CONTRACTOR to comply with Laws and Regulations appli-
14.3. CONTRACTOR warrants and guarantees that title to cable to the furnishing or performance of Work, or for any
all Work,materials and equipment covered by any Application failure of CONTRACTOR to perform or furnish Work in
for Payment, whether incorporated in the Project or not, will accordance with the Contract Documents.
pass to OWNER no later than the time of payment free and 14.7. ENGINEER may refuse to recommend the whole or
clear of all Liens. 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-
Review.of Applications for Progress Payment: mend any such payment,or,because of subsequently discov-
ered evidence or the results of subsequent inspections or tests,
14.4. ENGINEER will, within ten days after receipt of nullify any such payment previously recommended, to such
each Application for Payment, either indicate in writing a extent as may be necessary in ENGINEER's opinion to
recommendation of payment and present the Application to protect OWNER from loss because:
OWNER, or return the Application to CONTRACTOR indi-
cating in writing ENGINEER's reasons for refusing to recom- 14.7.1. the Work is defective,or completed Work has
mend payment. In the latter case,CONTRACTOR may make been damaged requiring correction or replacement,
the necessary corrections and resubmit the Application. Ten 14.7.2. the Contract Price has been reduced by Writ-
days after presentation of the Application for Payment to ten Amendment or Change Order,
OWNER with ENGINEER's recommendation, the amount 14.7.3. OWNER has been required to correct defec-
recommended will (subject to the provisions of the last sen- tive Work or complete Work in accordance with paragraph
tence of paragraph 14.7)become due and when due will be paid 13.14,or
by OWNER to CONTRACTOR.
14.7.4. ENGINEER has actual knowledge of the oc-
14.5. ENGINEER's recommendation of any payment re- currence of any of the events enumerated in paragraphs
quested in an Application for Payment will constitute a repre- 15.2.1 through 15.2.4 inclusive.
sentationby ENGINEER to OWNER,based on ENGINEER's OWNER may refuse to make payment of the full amount
on-site observations of the executed Work as an experienced recommended by ENGINEER because:
and qualified design professional and on ENGINEER's review
of the Application for Payment and the accompanying data and 14.7.5. 'claims have been made against OWNER on
schedules,that to the best of ENGINEER's knowledge,infor- account of CONTRACTORs performance or furnishing of
mation and belief. the Work,
• 38

14.7.6. Liens have been filed in connection with the ENGINEER in writing prior to ENGINEER's issuing the
Work, except where CONTRACTOR has delivered a definitive certificate of Substantial Completion, ENGINEER's
specific Bond satisfactory to OWNER to secure the aforesaid recommendation will be binding on OWNER and
satisfaction and discharge of such Liens, CONTRACTOR until final payment.
14.7.7. there are other items entitling OWNER to a 14.9. OWNER shall have the right to exclude CONTRAC-
set-off against the amount recommended,or TOR from the Work after the date of Substantial Completion,
but OWNER shall allow CONTRACTOR reasonable access to
14.7.8. OWNER has actual knowledge of the occur- complete or correct items on the tentative list.
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 Partial Utilization:
inclusive;
but OWNER must give CONTRACTOR immediate written
14.10. Use by OWNER at OWNER's option of any sub-.
stantially completed part of the Work which:(i)has specifically
notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so been identified in the Contract Documents, or (ii) OWNER,
ENGINEER and CONTRACTOR agree constitutes a sepa-
withheld,or any adjustment thereto agreed to by OWNER and rately functioning and usable part of the Work that can be used
CONTRACTOR, when CONTRACTOR corrects to OWN- by OWNER for its intended purpose without significant inter-
ER's satisfaction the reasons for such action. 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:
Substantial Completion:
14.10.1. OWNER at any time may request CON-
14.8. Wh;n CONTRACTOR considers the entire-Work TRACTOR in writing to permit OWNER to use any such
ready for its intended use CONTRACTOR shall notify OWNER part of the Work which OWNER believes to be ready for
and ENGINEER in writing that the entire Work is substantially its intended use and substantially complete. If CON-
complete (except for items specifically listed by CONTRAC- TRACTOR agrees that such part of the Work is substan-
TOR as incomplete) and request that ENGINEER issue a tially complete, CONTRACTOR will certify to OWNER
certificate of Substantial Completion.Within a reasonable time and ENGINEER that such part of the Work is substan-
thereafter, OWNER, CONTRACTOR and ENGINEER shall tially complete and request ENGINEER to issue a certif-
make an inspection of the Work to determine the status of icate of Substantial Completion for that part of the Work.
completion. If ENGINEER does not consider the Work sub- CONTRACTOR at any time may notify OWNER and
stantially complete, ENGINEER will notify CONTRACTOR ENGINEER in writing that CONTRACTOR considers
in writing giving the reasons therefor.If ENGINEER considers any such part of the Work ready for its intended use and
the Work substantially complete,ENGINEER will prepare and substantially complete and request ENGINEER to issue a
deliver to OWNER a tentative certificate of Substantial Com- certificate of Substantial Completion for that part of the
pletion which shall fix the date of Substantial Completion. Work.Within a reasonable time after either such request,
There shall be attached to the certificate a tentative list of items OWNER, CONTRACTOR and ENGINEER shall make
to be.completed or corrected before final payment. OWNER an inspection of that part of the Work to determine its
shall have seven days after receipt of the tentative certificate status of completion. If ENGINEER does not consider
during which to make written objection to ENGINEER as to that part of the Work to be substantially complete, ENGI-
any provisions of the certificate or attached list. If, after NEER will notify OWNER and CONTRACTOR in writ-
considering such objections, ENGINEER concludes that the ing giving the reasons therefor. If ENGINEER considers
Work is not substantially complete, ENGINEER will within that part of the Work to be substantially complete, the
fourteen days after submission of the tentative certificate to provisions of paragraphs 14.8 and 14.9 will apply with
OWNER notify CONTRACTOR in writing,stating the reasons respect to certification of Substantial Completion of that
therefor. If,after consideration of OWNER's objections,EN- part of the Work and the division of responsibility in
GINEER considers the Work substantially complete, ENGI- respect thereof and access thereto.
NEER will within said fourteen days execute and deliver to
OWNER and CONTRACTOR a definitive certificate of Sub- 14.10.2. ' No occupancy or separate operation of part
stantial Completion(with a revised tentative list of items to be of the Work will be accomplished prior to compliance with
completed or corrected) reflecting such changes from the the requirements of paragraph 5.15 in respect of property
tentative certificate as ENGINEER believes justified after insurance.
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 Final inspection:
written recommendation as to division of responsibilities Pend-
ing final payment between OWNER and CONTRACTOR with 14.11. Upon written notice from CONTRAC , ENGI-
at the
respect to security,operation, safety, maintenance,heat,utili- entire Work or an agreed portion thereof is complete,
ties,insurance and warranties and guarantees.UnlessOWNER NEER will make a final inspection with OWNER and CON-
and CONTRACTOR agree otherwise in writing and so inform TRACTOR and will notify CONTRACTOR in writing of all
39

particulars in which this inspection reveals that the Work is CONTRACTOR.
incomplete or defective.-CONTRACTOR shall immediately
take such measures as are necessary to complete such Work or 14.14. If, through no fault of CONTRACTOR, final com-
remedy such deficiencies. 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-
Final Application for Payment: NEER, and without terminating the Agreement, make pay-
ment of the balance due for that portion.of the Work fully
14.12. After CONTRACTOR has completed all such cor- completed and accepted.If the remaining balance to be held by
rections to the satisfaction of ENGINEER and delivered in OWNER for Work not fully completed or corrected is less than
...accordance with the Contract Documents all maintenance and the retainage stipulated in the Agreement, and if Bonds have
operating instructions, schedules, guarantees, Bonds, certifi- been furnished as required in paragraph 5.1, the written con-
cates or other evidence of insurance required by paragraph 5.4, sent of the surety to the payment of the balance due for that
certificates of inspection, marked-up record documents (as Portion of the Work fully completed and accepted shall be
provided in paragraph 6.19)and other documents,CONTRAC- submitted by CONTRACTOR to ENGINEER with the Appli-
TOR may make application for final payment following the cation for such payment. Such payment shall be made under
procedure for progress payments. The final Application for the terms and conditions governing final payment,except that
Payment shall be accompanied(except as previously delivered) it shall not constitute a waiver of claims.
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 Waiver of Claims:
payment, and (iii) complete and legally effective releases or 14.15. The making and acceptance of final payment will
waivers(satisfactory to OWNER)of all Liens arising out of or
filed in connection with the Work. In lieu of such releases or constitute:
waivers of Liens and as approved by OWNER, CONTRAC- 14.15.1. a waiver of all claims by OWNER against
TOR may furnish receipts or releases in full and an affidavit of CONTRACTOR,except claims arising from unsettled Liens,
CONTRACTOR that: (i) the releases and receipts include all from defective Work appearing after final inspection pursu-
labor,services,material and equipment for which a Lien could ant to paragraph 14.11, from failure to comply with the
be filed, and(ii)all payrolls,material and equipment bills and Contract Documents or the terns of any special guarantees
other indebtedness connected with the Work for which OWNER
or OWNER's property might in any way be responsible have specified therein,or from CONTRACTOR's continuing ob-
been paid or otherwise satisfied. If any Subcontractor or ligations under the Contract Documents;and
Supplier fails to furnish such a release or receipt in full, 14.15.2. a waiver of all claims by CONTRACTOR against
CONTRACTOR may furnish a Bond or other collateral satis- OWNER other than those previously made in writing and
factory to OWNER to indemnify OWNER against any Lien.
still unsettled.
Final Payment and Acceptance:
ARTICLE 1.5—SUSPENSION OF WORK AND
14.13. If,on the basis of ENGINEER's observation of the TERMINATION
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 OWNER May Suspend Work:
completed and CONTRACTOR's other obligations under the
Contract Documents have been fulfilled, ENGINEER will, 15.1. At any time and without cause, OWNER may sus-
within ten days after receipt of the final Application for pend the Work or any portion thereof for a period of not more
Payment, indicate in writing ENGINEER's recommendation than ninety days by notice in writing to CONTRACTOR and
of payment and present the Application to OWNER for pay- ENGINEER which will fix the date on which Work will be
ment. At the same time ENGINEER will also give written resumed. CONTRACTOR shall resume the Work on the date
notice to OWNER and CONTRACTOR that the Work is so fixed.CONTRACTOR shall be allowed an adjustment in the
acceptable subject to the provisions of paragraph 14.15. Oth- Contract Price or an extension of the Contract Times,or both,
erwise, ENGINEER will return the Application to CON- directly attributable to any such suspension if CONTRACTOR
TRACTOR, indicating in writing the reasons for refusing to makes an approved claim therefor as provided in Articles 11
recommend final payment,in which case CONTRACTOR shall and 12.
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 OWNER May Terminate:
and substance and with ENGINEER's recommendation and
notice of acceptability, the amount recommended by ENGI- 15.2. Upon the occurrence of any one or more of the
NEER will become due and will be paid by OWNER to following events:
40

15.2.1. if CONTRACTOR persistently fails to perform 15.4.2. for expenses sustained prior to the effective date
the Work in accordance with the Contract Documents (in- of termination in performing services and furnishing labor,
cu
cluding,but not limited to,failure to supply sufficient skilled materials or equiprtient as required by the Contract Work, lus it and
workers or suitable materials or equipment or failure to connection
withover unceadompleted
p profit on such expenses
adhere to the progress schedule established under paragraph reasonable or
2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.4.3. for all claims,costs,losses and damages incurred
15.2.2. if CONTRACTOR disregards Laws or Regula- in settlement of terminated contracts with Subcontractors,
• lions of any public body having jurisdiction; Suppliers and others;and
15.2.3. if CONTRACTOR disregards the authority of 15.4.4. for reasonable expenses directly attributable to
ENGINEER;or termination.
15.2.4. if CONTRACTOR otherwise violates in any sub- CONTRACTOR shall not be paid on account of loss of
stantial way any provisions of the Contract Documents; anticipated profits or revenue or other economic loss arising
_out of or resulting from such termination.
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 May Stop Work or Terminate:
CONTRACTOR,exclude CONTRACTOR from the site and
take possession of the Work and of all CONTRACTOR's 15.5. If, through no act or fault of CONTRACTOR, the
tools, appliances, construction equipment and machinery at Work is suspended for a period of more than ninety days by
the site and use the same to the full extent they could be used OWNER or under an order of court or other public author-
by CONTRACTOR(without liability to CONTRACTOR for ity, or ENGINEER fails to act on any Application for
trespass or conversion), incorporate in the Work all materi- Payment within thirty days after it is submitted or OWNER
als and equipment stored at the site or for which OWNER fails for thirty days to pay CONTRACTOR any sum finally
has paid CONTRACTOR but which are stored elsewhere, determined to be due, then CONTRACTOR may, upon
' written notice to OWNER and ENGINEER,
and finish the Work as OWNER may deem expedient. In seven days
such case CONTRACTOR shall not be entitled to receive and provided OWNER or ENGINEER do not remedy such
any further payment until the Work is finished. If the unpaid suspension or failure*within that time, to minate the the same eree
rors
balance of the Contract Price exceeds all claims, costs, rent and recover from OWNER pay
paragraph 15.4. In lieu of terminating the
losses and damages sustained by OWNER arising out of or as provided in
resulting from completing the Work such excess will be paid Agreement and without prejudice to any other right or
to CONTRACTOR. If such claims, costs, losses and dam- remedy, if ENGINEER has failed to act on an Application
ages exceed such unpaid balance,CONTRACTOR shall pay for Payment within thirty days after it is submitted, or
the'difference to OWNER. Such claims, costs, losses and OWNER has failed for thirty days to pay CONTRATRACTO y
damages incurred by OWNER will be reviewed by ENGI- any sum finally determined to be due,
NEER as:to their reasonableness and when so approved by upon seven day's written notice to OWNER and ENGI-
NEER stop the Work until payment of all such amounts due
ENGINEER incorporated in a Change Order,provided that
when exercising any rights or remedies under this paragraph CONTRACTOR, including interest thereon. The provisions
of this paragraph 15.5 are not intended to preclude CON-
OWNER shall not be required to obtain the lowest price for
TRACTOR from making claim under Articles 11 and 12 for
the Work performed. an increase in Contract Price or Contract Times or otherwise
- for expenses or damage directly attributable to CONTRAC
15.3. Where CONTRACTOR'S services have been so ter -
TOR's stopping Work as permitted by this paragraph.
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 ARTICLE 16—DISPUTE RESOLUTION
CONTRACTOR from liability.
15.4. Upon seven days' written notice to CONTRACTOR
and ENGINEER, OWNER may, without cause and without If and tprocedure for o the extent that OWNER and CONTRACTOR have
es
prejudice to any other right or remedy of OWNER, elect to agreed on the method andarise under this rAgree Agreement, sesolving uc
h
terminate the Agreement. In such case,CONTRACTOR shall between them that may
be paid(without duplication of any items): dispute resolution method and procedure,if any,shall be as set
forth in Exhibit GC-A,"Dispute Resolution Agreement;'to be
15.4.1. for completed and acceptable Work executed in attached hereto and made a part hereof. If no such agreement
accordance with the Contract Documents prior to the effec- on the method and procedure for resolving such disputes has
tive date of termination,including fair and reasonable sums been reached,and subject to the provisions of paragraphs 9.
for overhead and profit on such Work; 9.11, and 9.12, OWNER and CONTRACTOR may exercise
se
41

such rights or remedies as either may otherwise have under the act of the other party or of any of the other party's employees
Contract Documents or by Laws or Regulations in respect of or agents or others for whose acts the other party is legally
any dispute. 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
ARTICLE 17—MISCELLANEOUS.. construed as a substitute fbt or a waiver of the provisions of
any applicable statute of limitations or repose.
Giving Notice: Cumulative Remedies:
17.1. Whenever any provision of the Contract Documents 17.4. The duties and obligations imposed by these General
requires the giving of written notice,it will be deemed to have Conditions and the rights and remedies available hereunder to
been validly given if delivered in person to the individual or to the parties hereto,and,in particular but without limitation,the
a member of the firm or to an officer of the corporation for warranties, guarantees and obligations imposed upon CON-
whom it is intended,or if delivered at or sent by registered or TRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1,
certified mail, postage prepaid, to the last business address 13.12, 13.14, 14.3 and.15.2 and all of the rights and remedies
known to the giver of the notice. available to OWNER and ENGINEER thereunder, are in
addition to, and are not to be construed in any way as a
Computation of Times: limitation of,any rights and remedies available to any or all of
them which are otherwise imposed or available.by Laws or
17.2.1: When any period of time is referred to in the Regulations, by special warranty or guarantee or by other
Contract Documents by days, it will be computed to exclude provisions of the Contract Documents, and the provisions of
the first and include the last day of such period. If the last day this paragraph will be as effective as if repeated specifically in
of any such period falls on a Saturday or Sunday or on a day the Contract Documents in connection with each particular
made a legal holiday by the law of the applicable jurisdiction, duty,obligation,right and remedy to which they apply.:
such day will be omitted from the computation.
17.2.2. `A calendar day of twenty-four hours measured Professional Fees and Court Costs Included.
from midnight to the next midnight will constitute a day.
17.5. Whenever reference is made to"claims,costs,losses
Notice of Claim: and damages," it shall include in each case,but not be limited
to,all fees and charges of engineers,architects,attorneys and
17.3. Should OWNER or CONTRACTOR suffer injury or 'other professionals and all court or arbitration or other dispute
damage to person or property because of any error,omission or resolution costs.
- 1
I
[The remainder of this page was left blank intentionally.]
42

EXHIBIT GC-A to General Conditions of the_ American Arbitration Association, and a copy will be sent to
ENGINEER for information.The demand for arbitration will
Agreement Between OWNER and CON- be made within the thirty-day or ten- day period specified in
TRACTOR Dated — paragraph 16.2 as applicable, and in all other cases within a
For use with EJCDC No. 1910-8 (1990 ed.) 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
DISPUTE RESOLUTION AGREEMENT question would be barred by the applicable statute of limita-
tions.
OWNER and CONTRACTOR hereby agree that Article 16 16.4. Except as provided in paragraph 16.5 below, no
of the General Conditions to the Agreement between OWNER arbitration arising out of or relating to the Contract Documents
and CONTRACTOR is amended to include the following shall include by consolidation,joinder or in any other manner
agreement of the parties: any other person or entity (including ENGINEER, ENGI-
NEER's Consultant and the officers, directors, agents, em-
16.1. All claims, disputes and other matters in question ployees or consultants of any of them)who is not a party to this
between OWNER and CONTRACTOR arising out of or relat- contract unless:
ing to the Contract Documents or the breach thereof(except
for claims which have been waived by the making or accep- 16.4.1. the inclusion of such other person or entity is
tance of final payment as provided by paragraph 14.15)will be necessary if complete relief is to be afforded among those
decided by arbitration in accordance with the Construction who are already parties to the arbitration,and
Industry Arbitration Rules of the American Arbitration Asso-
ciation then obtaining,subject to the limitations of this Article 16.4.2. such other person or entity is substantially in
16.This agreement so to arbitrate and any other agreement or volved in a question of law or fact which is common to those
consent'to arbitrate entered into in accordance herewith as who are already parties to the arbitration and which will arise
provided in this Article 16 will be specifically enforceable under in such proceedings,and
the prevailing law of any court having jurisdiction.
16.4.3. the written consent of the other person or entity
_ sought to be included and of OWNER and CONTRACTOR
16.2. No demand for arbitration of any claim, dispute or
other matter that is required to be referred to ENGINEER has been obtained for such inclusion, which consent shall
initially for decision in accordance with paragraph 9.11 will be make specific reference to this paragraph; but no such
consent shall constitute consent to arbitration of any dispute
made until the earlier of(a)the date on which ENGINEER has not specifically described in such co
an nsent or to arbitration
rendered a written decision or(b)the thirty-first day after the with arty not specifically identified in such consent.
parties have presented their evidence to ENGINEER if a Y party
written decision has not been rendered by ENGINEER before 16.4 if a claim,dispute or
that date.-No demand for arbitration of any such claim,dispute 16.5. Notwithstanding paragraph
or other matter will be made later than thirty days after the date other matter in question between OWNER and CONTRAC-
on which ENGINEER has rendered a written.decision in TOR involves the Work of a Subcontractor,either OWNER or
respect thereof in accordance with paragraph 9.11; and the CONTRACTOR may join such Subcontractor as a party to the
failure to demand arbitration within said thirty days'period will arbitration between OWNER and CONTRACTOR hereunder.
result in ENGINEER's decision being final and binding upon CONTRACTOR shall include in all subcontracts required by
OWNER and CONTRACTOR. If ENGINEER renders a de- paragraph 6.11 a specific provision whereby the Subcontractor
cision after arbitration proceedings have been initiated, such consents to being joined in an arbitration between OWNER
decision may be entered as evidence but will not supersede the and CONTRACTOR involving the Work of such Subcontrac-
arbitration proceedings, except where the decision is accept- tor.Nothing in this paragraph 16.5 nor in the provision of such
able to the parties concerned.No demand for arbitration of any subcontract consenting to joinder shall create any claim,right
written decision of ENGINEER rendered in accordance with or cause of action in favor of Subcontractor and against
paragraph 9.10 will be made later than ten days after the party OWNER, ENGINEER or ENGINEER's Consultants that
making such demand has delivered written notice of intention does not otherwise exist.
to appeal as provided in paragraph 9.10.
16.6. The award rendered by the arbitrators will be final,
16.3. Notice of the demand for arbitration will be filed in judgment may be entered upon it in any court having jurisdic-
writing with the other party to the Agreement and with the 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

[This page.was left blank intentionally.]
GC-A3

MINORITY BUSINESS ENTERPRISE
-- REQUIREMENTS FOR_FEDERAL_ LOAN..PROJECTS.;
It is a federal'r'equir 'ment:'that`recioients' 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--th'e total- project funding; demographic;'factord and the
availability of�miaot'ity•'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
offirmative':=steps 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. �. :y:.=
�... _ ..
�. �Asssring that small and minority and women's business:s
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 and;women.'" business
: -4.::.:: Establis.hing:-'delivery: schedules, where the. requirements ire:ae�ts of
the 'work p,eimit,_which will encourage.part cipat .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 Enta.prise
of..the:U.S..:>Department. of... Commerce.
F.
`art to a subagieementy to take the affirmative
6. Requiring each p y _ .. . -
steps outlined in items one through five of this section.
' nnr nn

' C
Definitions
1, Minority Business Enterprise (MBE) is. a business concern which is:
a. Certified• asYsocially-and• economically disadvantaged by the
Small Business Administration.
(1).:- Socially-disadvantiged individuals teams. such_ -
_ _:•. persous_'wbich- are socially_disadvantaged because of .
theirz identif ication-.as ,members Of certain. groups .... .,.-.
that:.have: suffered. the effects. of. discriminatory..., -:.� .:,:_____
r _ - practices or _similar invidious circumstances. ;
_ (2)= !Economically -disadvantaged- individuals' zeans�
socially disadvantaged individuals .whose ability-,
- to compete in .the-free enterprise-- _ •_ , • _.
- impaired.due .to,'.diminished...opportunities to"'I __ob taro'capital and--credit as compared to :- - -;
others in the same lire 'of business who are ne.t
socially disadvantaged. Individuals who certify
:t►iat .:the are: membe-_:of. named:7groups ;(Black::;'_
Americans, Rispanic. Cr^c.erica-ns, Native Americans,
.si Pacifid'A-mericans,- Asian=Indian.?mericaris)
ii; ;
are to-be considered- socially'and economically•G`
di sadvantage&. .
b. CeTtif d°as a'mirioiity, busincss="e:iterpri�e by Statz or
federal agency,' or ..
c. A',i' indeenet` business 'concern Which is at least 51:percent
cc��ed and controlled byirority group"memb_er_(s)
-(I) "minority group member is ar.=iridividuai who is
a citizen of the tnited States='and one:of the
following:
(a) - Black:American;_ •' :.=
�:::- ;.,,.• e_ c��­(wit i
h_origins::fr6m;;: `: .;.;. ' :;.• j:.: .,a'o_ :c,
Puerto Rico, Me::ico; Cuba; 'South or .
Central,America); and,
(c) Asian-Pacific ,Emerican (with origins
from Japan, China, the Phillipires, Vietn;:r..,
Korea, Samoa, Guam, the U. S. Trust
Territories of the Pacific, Northern �. .
Marianas, Taos, Cambodia, Taiwan or the
Indian subcontinent) .
(d) American Indian or Alaskan NativeJall persons having
origins in any of the original peoples of North America
and maintaining identifiable tribal affiliations through
membership and participation or community identification) .
SrF-30

(?) . In order to. satisfy this third criteria of the• I-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 l . ^
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 s` gri`bids;aiid''centracts; -
_... . ; : (b)� .D•ecisions in price ne�otiatiors;'. -
(c) In_curring _liabilities.-for`r'the`firr•
__ _.. (d)=-.Find 'staffing deci.'sions;-
• .. _ •__. � (�)_ "Poltc};-making;=-azd =-• - - ':- -•. , ..:- . _ �. .:__.. __ri'.,
(f). : :.Gen eral COII:L+aT_ly manaRemea decisions.
d: =UL:�r=°°tnose= fins perforriin 'a usefu?: business'funCt- n
acc6rdin€ .to'-'custom-'and'practice= in the=industry=area
MB : ActiriQ-"mere-" . as�g=pacS1V2- COACL;t
y::
of:.fuiid-W "to some otfi- fief- waere%such- activit}�
urs�cecesszry to accomblish t15e project`toes='not'. constitute
a useful tusiness-fuactionattotd_ng"to custom zn
practice='iu the industry'.::"-=:•The= put osc o�:= this=appreac ,
i�.=to'=eiscourage- the use of- MEG:."froats" and lami t'the
cYe_tion~`of 2n artificial supplies• and broker r•�arketp"�ice.
,....( o _the':.a`= liates:j.
R.5L1c�'hi'BLS_i'ie.SSx-COITC�?rn a�+'-•:1`.ean-s: Iai:COi:Cerll•�:;.1nCZlldi.. g-.. _ = •;%''
that � is' independentl-r-ow-1 and operated,:�not' dominant`iu' the 'field' of•'
operation -in=i:hich; it is bidding- on government contracts, s::c eualifiEd
�s a small business• under the critciia end 'size standards •e-zt forth in
13 CFR. 12 1
A. Concern. lieans any business entity located inside: rdha
United States that is organize? for prof;,: (even o�i_
oi..ked by a noi�prof.it entity) , .pays U. S. to es , and/or uses
• Pxierican 'Products, materials" and/or labor, eCC. P CCIICC:I1
. ...rpy. be an. individual, a . partnership, a. col:poration , a joint
venture, 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- der ived 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:lersh=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=,lership, and bears the risk of loss or failure. Any
business• er_tity may.be an ..affil ate,.wh_ether .or- not it is
organi zed �for profit Or located inside the. IiIIi ted 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--fereig::
-'affiliates) from_=.sales_' of..produc_ts and- services,.,inter-s-,
_•.rents;' fees;_c o m ssions,; a: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 years'. its. aL1r:L`al
_receipts for the: purpose of a size standard will be.based on
one. year's receipts and shall be computed by dividing its
;average,.weekly T_f. a,concern. has; been...in
:''_business::less thaII three years, `its a�*erage `sanual::rece p`s:
for:the purpose_.of a size. standard based on three years'
: mputed by determining its average
receipts; shall .be.. co
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 as affiliate
during a.•portionyo•f..the,'.applicable. accounting period.
3. Positive .Efforts:are.documentable:attempts to;use small business
and minority-businesses
4. Women's' Business..Ente' rprise' (WBE)- is a business,,ahich-;is.-•�'
certified as .such by a State or.-.federal; agency; -or.which meets the
following definition:
A. ;.omen's business.'renterpris.e 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—unity 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 aualified WBE by virtue .of his wife's 50
percnt intergst .in 'his share of the business ."
As.'in- the case' of an MBE, only United States citizens will be
deemed to by. W'BEs.• 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 to Bidders shall -be, as previously noted,
included in . the specifications for all contracts and/or subcontracts in .
excess :of'.$10,000.

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 SPECIAL CONDITIONS
PART 1: GENERAL
1.01 SUMMARY OF WORK
A. This project generally includes the following:
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.
i
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.
ti
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.
1. 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

1
I 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:
i'
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
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
A. 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

r
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).
Rev. 10/7/98 PROJECT#99710 01200-Page 11

i
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

1
UNIT BID ITEM SUMMARY
UNIT TOTAL
ITEM OF CONTRACT TOTAL WORK WORK THIS TOTAL WORK PAYMENT
# DESCRIPTION MEAS. UNIT BID LAST APPL. APPLICATION TO DATE EARNED
E (G FROM LAST G H
A" AB C D APPL,) F (E&F) (DXG)
unbidsum.doc

SALES TAX REIMBURSEMENT FORM
PROJECT
CONTRACTOR OWNER
FOR PERIOD
VENDOR ADDRESS INVOICE DATE AMOUNT N.C. TAX COUNTY COUNTY
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
slstxstm.doc Notary Public

TRANSMITTAL FORM
( ) Shop Drawings Transmittal Date:
( ) Printed Materials Return Date:
( ) Other
REFERENCE: FOR: ( ) Transmittal Only
Project
( ) Approval
Owner
( ) Approved as noted
Address
( ) Revise & Resubmit
Location
FROM: TO
Name Name
Company Company
Address Address
telephone/fax telephone/fax
Log# Description Copies Sheet/Drawing # Status
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 Review
(in order) Code COMMENTS Date Initials
Project Engineer's approval: Date

McGill
EQUIPMENT START-UP FORM Proj. #
ASSOCIATES NO. Date:
PROJECT DATA
NAME: NUMBER:
LOCATION: DATE:
OWNER: DRAWING NO.:
OTHER: SPEC. SECTION:
NAME OF EQUIPMENT CHECKED:
NAME OF MANUFACTURER OF EQUIPMENT
1. The equipment furnished by us has_. . ._ .._. _.. _ _.. . . ....._.., . ,. - .__
s been checked on the job by us. We have reviewed (where applicable)
the performance verification information submitted to us by the Contractor.
2. The equipment is properly installed,except for the items noted below.*
3. The equipment is operating satisfactorily, except for the items noted below.* .
4. The written operating and maintenance information (where applicable)has been presented to the Owner, and
gone over with him in detail. Three(3)copies of all applicable operating and maintenance information and
parts lists have been furnished to him.
77
,.._.F ,. ,u.. .. _.......,
CHECKED BY:
;,
Name of Manufacturer's Representative I Name of General Contractor
Address&Phone No.of Representative Authorized Signature/Title/Date
� E
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.)
COPIES TO:
❑ OWNER: ❑ CONTRACTOR:
❑ ENGINEER: ❑ FIELD:
❑ ARCHITECT: ❑ OTHER:
EquipStartup.doc

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 MOBILIZATION
PART 1: GENERAL
1.01 SCOPE OF WORK
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 EARTHWORK
PART 1: GENERAL
1.01 SCOPE OF WORK
A. GENERAL
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 62200-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.
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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.9/22199 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 Subgrade 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:
r
1„ 100
3/4" 85 - 100
3/8" 50 - 80
No. 4 35 - 60
No. 40 15 - 30
No. 200 05.- 10
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

i
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.
11
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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.
r
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

i
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 BITUMINOUS PAVING
PART 1: GENERAL
1.01 SCOPE OF WORK
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.
Page 3
Rev. 1017/98 PROJECT#99710 02510-

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
i

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 i. Asphalt, Grade RC-30
12. Bituminous Tack Coat
All materials shall meet the requirements shown below:
1 a. 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 CRS-1
1 b. 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.
PART 3: EXECUTION
I ' 3.01 CONSTRUCTION REQUIREMENTS
A. BASE COURSE, TYPE HB; SURFACE COURSES TYPES 1-1 AND 1-2
1. General
Ia. 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

j 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.
i. 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
i. 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

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.
b. 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:
s
THICKNESS OF
MATERIA[ru LAYER BING AIRTEMPERATURE'
�._
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 r a
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.
Rev. 10/7198
PROJECT#99710 02510-Page 11

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
Brtumrnous Material Applrcatron Rates Application
(Gallons Per Te"mperature,.
Square Yartl)
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. Application
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

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.
3. 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
Bituminous Material : Temperature Range
Asphalt Cement AC-20 3850 F - 500OF
Asphalt, Grade RS-111 90°F - 150OF
Asphalt, Grade CRS-1 H 90°F - 1500E
Asphalt, Grade CRS-1 90°F - 150OF
4. 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 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:
Pipe Nominal Diameter ln'ches Wall ThiIj
ckness Inches
16 .250
20 .250
24 .250
30 .312
36 .500
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.
i
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

f
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
i. 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
i
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.
i
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 Type 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
1
Rev.2124/99 PROJECT#99710 02730-Page 8

i
f
I
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
l 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
i. Frames and covers shall be cast iron of superior
I 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
�I coating, tough and tenacious when cold, not tacky
and not brittle. The bearing surface between frame
11
'� 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
L 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
i. 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
j 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.
Y�
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
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.".
1 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
i 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
i

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 laid on a grade of 10% a ragreater, the
laying shall start at the bottom of the p d proceed
upward with the bell end of the new pipe upgrade. All pipe
laid on a grade of 10% or greater shall require thrust
blocking and keying as shown on the drawings and standard
details.
i. Where pipe lines of different materials are joined together, a
standard sewer repair coupling shall be used. The
couplings shall be Eastern Standard Sewer
Fernco Joint
Couplings (Miss the n Rubber Company), by the
Sealer Company or an equal product approved
Engineer.
j. 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.
v 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
i 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 lbs.).
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
j 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. Fittings (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
i
�f
Rev.2124199 PROJECT#99710 02730-Page 18

i
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.
i 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
ifinished 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
drawings and specifications,
Y
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

a
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).
a 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

i
I
y
I
ii. The sewer section shall be plugged at both ends and
air pressure shall be applied until the pressure inside
v the pipe reaches 4 PSIG. When a stable condition
r
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
P 9 (height pressure readings hei ht of water in feet X 0.433 =
d air pressure in psig). A minimum of five (5) readings
will be required for each test.
4 Ili. If the time for the air pressure to decrease from 3.5
I ;
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
i_ pass the air tests.
Minimum Test Time for PipePipe _
I _size j 4" 6"� 8" I 10 12"" I 15" I 18" ( 21" `I 24"
25 _� 0:04 0:10 0:17 0:22 0:26 , 0:31 0:36 j 0:44 i 0:53 I
50 i 0:09 1 0:20 0:35 0:44 0:53 1:02 1:12 1:29 1 1:47
LV I— 75 ��0.13 0:30 j 0:53 1:06 1:20 1:34 1:48 2:14 i�2:40 j
f E"' 100 017 0:40 ( 1.11 1:29 1:47 2:05 2
2:24 58 3:53^i
125 0:22 0:50_ 1:29 1:51 2:13 1 2:36 3:00L 1 _4:27 �
LV 150 0:26 1:00 1:47 2:13 2:40 3:07 1 3:36 1 4:27 5:20 '
~ 175 0:31 1:10 2:04 2:35 3:07 3:39 4:12, 5:12 6:14
! _ .200 0:35 1:20 2:22 2:58 3:33 4:10 4:48 5:57�
225 0:40 1:30 2:40 3:20 4:00 1 5:24 16:41 i 8:00
(' 250 0:44 -� 1:40 2:58 1 3:42 1 4:27 5:13 1 6:00 7:26 8:54T i
12 Z 275 0:49 1 1:50 3:16 1 4:05 1 4:53 5:44 6:36 8:10Tul
W 300 0:53 1 2:00 3:33 4:27 5:20 6:15 7:12 8:55 ,
J 325 0:58 2:10 3:51 4:49 5:47 6:47 7:48 9:40 11:34 +i
350 1:02 2:20 4.09 5:11 6:14 7:18 8:25 10:24 _12:28
375 1:06 2:3015:34 6.40 7:49 9:01 1 11:09 '' 13:21
400 1:11 2:40 4:45 r 5:56 7:07 8.21 9:37 11:54 f 14:14 1
425 1:15 _2:50 ` 5:02 6:18 7:34 8:52 1 10:13 12:38 115:08
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 5:56 725 8:54 10:26 12:01 14:52 17:48
I 525 1:33 3:30 6:14 747 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 19:35I
575 1:42 3:50 6:49 8:32 10:14 12:00 13:49 17:06 20:28
I _
600 1:47 4:00 7:07 8:54 10:41 U-.31 14:25 V-.51 21.22 3
Rev.2/24/99 PROJECT#99710 02730-Page 24

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= T +Q
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

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 Pipe
Pipe
Size 4" 6' 8" 10. 12" 15" 18" 21" 24"
25 0:04 0:10 017 0:22 0:26 0:31 0:36 0:44 0:53
0 50 0:09 0:20 0:35 0:44 ±1-:20
3 1:02 1:12 1:29 1:47
W 75 1 0:13 0:30 0:53 1:06 1:34 1:48 2:14 2:40
100 0:17 1 0:40 1:11 1:29 1:47 2:05 2:24 2:58 3:33
U) 125 0:22 0:50 1:29 1:51 2:13 2:36 3:00 3:43 4:27
Lu 150 0:26 1:00 1:47 2:13 2:40 3:07 3:36 4:27 5:20
175 0:31 1:10 2:04 2:35 3:07 3:39 4:12 5:12 6:14
_ .200 0:35 1:20 2:22 2:58 3:33 4:10 4:48 5:57 7:07
�.. 225 0:40 1:30 2:40 3:20 4:00 4:41 5:24 6:41 1 8:00
0 250 0:44 1:40 2:58 3:42 4:27 5:13 6:00 7:26 8:54
Z 275 0:49 1:50 3:16 4:05 4:53 5:44 6:36 8:10 9:47
LV 300 0:53 2:00 3:33 4:27 5:20 6:15 7:12 8:55 10:41
J 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 2:30 4:27 5:34 6:40 7:49 9:01 11:09 13:21
400 1:11 2:40 4:45 5:56 7:07 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 1 11:28 13:13 16:21 19:35
_ 575 1:42 3:50 6:49 832 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 1751 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
1 ,
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 tilled 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.
I
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. Inspection 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
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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.
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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
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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.
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9. Such modifications may include but not be limited to the following:
a. The incorporation of limestone into the seedbed may be
omitted on
1 i. 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
Ithe 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.
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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
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